AN ENEMY ALIEN.

Hawera & Normanby Star, Volume LXXII, Issue LXXII, 13 July 1917, Page 7

AN ENEMY ALIEN.

SUCCESSION AS BENEFICIARY DISALLOWED.

BY TELEGRAPH —PRESS ASSOCIATIOIv

WELLINGTON, July 13. The Full Court gave judgment {this morning on the originating_summons case, Public Trustee v. Heffleman. Th« questions put in the summmons were: (1) Whether the defendant, John Henry Heideman, was entitled to acquire and hold for his own benefit freehold property in the estate of Elizabeth Jane Kauiham, deceased, devised to him under the will of the said deceased; or (2) whether such freehold property vests in the Crown.

The Court held that the Public Trustee held the land by virtue of the will in trust for Heideman, an alien enemy but the Crown was entitled to claim the benefit of the trust.

The Court also held that in disputed cases the Crown could take action in the Supreme Court, but that, if he co desired it, an alien enemy was entitled to have the question of his nationality determined by a jury. In the present case, as the defendant submitted to the decision of the. Court, the latter had jurisdiction to make an order that the land was held in trust for the Crown. r\'o costs were allowed.