WILL CASE.

Manawatu Standard, Volume LII, Issue 244, 14 September 1932, Page 12

WILL CASE.

MAORI “CUSTOMARY” MARRIAGE.

Per Press Association

WELLINGTON, Sept. 13. In giving his decision that a gilt of income made by the will of Wi Tamakau Mahupuku had not been defeated by the widow’s relations with a Maori half-caste after her husband’s death, Mr Justice Reed said that the husband, being a European, had executed the will m English, and the words “so long as she remains a widow” meant so long as she did not contract a legal marriage. The Court had been asked by the trustees, James Frederick Thompson, solicitor, of Grey town, and Whare Eruera Turei, farmer, to decide the validity of the Maori “customary” marriage—whether it defeated the gift of income under the will to deceased’s wife “during her lifotime so long as she shall remain my widow. . . . .and alter the decease or second marriage of my said wife” upon trust for all his children. The question was whether the testator contemplated the Maori “customary” marriage when making the will. The testator was a European by birth adopted by Tamahau Mahupuku, M.P. He was brought up in a native pa in the Maori customs and married when 20 years of age to Eva Mahupuku, a half-caste native girl, by a Maori Church of England clergyman. There were two sons of the marriage. He died in 1920, leaving his property to his widow and children. On the customary Maori marriage, said the Judge, no formality was required, the parties living together. If they tired of each other they separated without formality, and they entered fresh relations with others which, if the marriago wore a legal one, would be termed polygamy. These unions were recognised in the Native Land Court for certain succession purposes only, but no such union or customary marriage was valid for any other purpose. Mr Justice Reed said he was not satisfied that the testator should be regarded as having the Maori point of view. He was born a European, and he and his wife spoke English as a matter of course. The will was carefully prepared bv a solicitor, and the words must ue taken to mean what an Englishman would mean.