MAORI'S WILL

Evening Post, Volume CXIII, Issue 60, 12 March 1927, Page 8

MAORI'S WILL

CLAIM AGAINST ESTATE

(By Telegraph.)

(Special to "The Evening Post.")

AUCKLAND, 11th March. Reserved judgment in the case brought by George Hutchison, a solicitor of Auckland, against the Native Trustee and Administrator of the estate of Puhi Main for £.1900 odd for costs incurred and moneys lent and interest was delivered by Mr. Justice Herdman this morning.. His Honour reviewed the six days' evidence at great length and found that Hutchison was entitled only to a very small amount of one claim for £634 9s, while tho two for £650 and £717 6s 7d were rejected. On a counter claim the defondant was allowed sums totalling nearly £300. The question of costs was held over.

In the course of his judgment Mr. Justice Herdman said that the Nativo committed suicide in January, 1923, and the plaintiff's prospects of obtaining payment of the debt duo would have been improved had the judgment been mado against the Native in his lifetime. It would have been useless proceeding, for the Native's land was protected by statute, but, having at the plaintiff's suggestion made a will in which in pursuance of the power conferred on him by the Native Land Act, 1909, Puhi Mahi charged his land with the payment of debts. It was evident that a judgment obtained after death would immediately become, in Hutchison's hands, a valuable instrument for the obtaining of the payment of his claim. In other words, the Native, from Hutchison's viewpoint, was more valuablo dead than alive.

His Honour mentioned that in the will, Hutchison had been appointed one of the executors at his own suggestion, and the evidence showed that when tho Nativo died Hutchison lost no time in setting to work to administer the estate. However, in the course of tho proceedings for probate it becamo apparent to tho Native Land Court Judge that it was inexpedient that a creditor, whose claim would absorb a substantial part of the estate should control it. The defendant was appointed administrator and deemed it his duty to resist a large claim made as to some items years after the indebtedness occurred. The net value of the estate was £1400, and Hutchison claimed in all £1996 19s sd.