THE RENATA KAWEPO WILL CASE.

New Zealand Mail, Issue 858, 10 August 1888, Page 22

THE RENATA KAWEPO WILL CASE.

JUDGMENT FOR THE DEFENDANT

In the Supreme Court Monday morning judgment was given by the Chief Justice in the case Broughton v. Donnelly and others, in which the former sought for the issue of probate of the will of the late wealthy Native chief, Renata. Kawepo, of Hawkes Bay. Mr Bell appeared on behalf of Mr Broughton, and Messrs Chapman and Carlile on behalf of Mrs Donnelly. His Honour held that the will propounded • by Airini Donnelly, if duly executed, was a sufficient disposition by the testator, and that it was definite, and excluded all other persons ; and that it was a revocation of the former will. Referring to Broughton’s contention that the enmity which Renata bore toward Mr and Mrs Donnelly rendered it very improbable that.he should make a will in the latter’s favour, his Honour said that he considered Renata’s conduct during his last illness only consistent with a complete reconciliation having taken place between them. It might no doubt seem incomprehensible to the mind many people that a reconciliation with Airiui should have caused Renata not only to be bountiful to her and her brothers and sisters, but also to deprive Broughton, his own wives, and bis people of all that he had given them by his will made the year before. This might possibly have arisen through not having entirely got rid of the Maori ideas as to ownership of property. Though he (Renata) did think on the subject, it might be that he would think it proper that all should be at the disposal of Airini, as when making his former will he left to the absolute discretion of Broughton what provision should be made for his people of his lands. However this might be, it was no more than a circumstance which should induce the Court to be careful in acting on the evidence adduced as to the execution. He then proceeded to review the evidence as to the execution of the document at some length, and stated that although he thought the balance of evidence was in favour of Mrs Donuelly’s contention, yet he would have felt great doubt had it not been for the evidence of Mr Williams as to Renata’s declarations, which removed all doubt from his mind. As to there being no signature to the will, his Honour said that would bo accounted for by the extreme physical debility of Renata, taken in consideration with his injured thumb. With regard to the will itself, he considered that its simplicity was in its favour, for had Renata been able to write he would have made a much more formal document. He did not think it probable that Airini would have said she had a will while Renata was alive if she had not, because it would be so easily exposed ; and ho referred especially to ■ the fact of her having mentioned

to Mr Williams on the Friday morning that she had a will. His Honour considered that it was not improbable that Renata’s wives were overcome by fatigue, and had slept at the time when the will propounded by the defendant was alleged to have been made. Referring to Ryan’s statement as to wliat Roera (one of the witnesses to the second will) had told him (Ryan), his Honour said it seemed to him incredible. The evidence of Te Teira and Te Roera, as to their proceedings on Thursday night, was untrustworthy, and met the suggestion that they were taking part in the fabrication of a will. The alleged will was in existence on Friday morning, for then it was signed by Mr McLean. In conclusion, his Honour said that, in his opinion, the attempt to reconcile the account given by Williams and Mrs Donnelly of the words and expressions used by Renata on the afternoon of Friday, with Broughton’s account and the account of the Native witnesses, wholly failed. Mr Williams and Airini might have given a false account, but they could not be mistaken. It was, he thought, impossible that Mr Williams could have been mistaken in his evidence, and, with that evidence before him, he found that the will propounded by Mrs Donnelly was the last will and testament of Renata Kawepo, duly executed by him, being of sound and disposing mind ; that it was read over-to him before execution, and that be understood the meaning and effect of it ; that it was intended by him to be his last will, and was not obtained by the undue influence of Airini Donnelly. Judgment was entered up for the defendant. Mr Bell gave notice of appeal, and on his application proceedings were stayed until after the sitting of the Court of Appeal. His Honour also ordered that the receivership should continue.