INTESTATE ESTATES.

New Zealand Herald, Volume LII, Issue 16025, 17 September 1915, Page 4

INTESTATE ESTATES.

IMPORTANT POrNT RAISED.

[BY TELEGRAPH. —PRESS ASSOCIATION.] Wellington, Thursday. An important point was raised for the first time in New Zealand on the special legislation in the Dominion relating to the distribution of estates of intestate illegitimates. The intestate illegitimate in this case died unmarried, and his mother predeceased him by 50 years. The Administration Act provides that in such a case the next of km of his mother shall take his estate, and the Public Trustee brought an originating summons before the Chief Justice at the Supreme Court to-day for the purpose of determining whether the next of kin of the mother at the time of her death or at the time of the death of the intestate were to be ascertained. Mr. J. W. Macdonald, solicitor to the Public Trust Office, with him Mr. F. E. Kelly, represented the Public Trustee, and Mr. H. F. Von Haast appeared for the several defendants concerned. The position taken by the Public Trustee, said Mr. Macdonald, was that the next of kin of the mother at her death must be ascertained, otherwise, he argued, the statute should read, "The next of kin of the mother, assuming her to have died subsequent to the death of the intestate."

Mr. Yon Haast maintained that the well-known rules of British law most be held to apply, and that what applied to wills should apply also in the case' of intestacy. In that event, he argued, the next of kin of the mother should be held to mean her next of kin at the time of the death of the intestate. His Honor reserved judgment.