THE GREAT MAORI WILL CASE.

Otago Witness, Issue 1916, 10 August 1888, Page 22

THE GREAT MAORI WILL CASE.

FROM £50,000 TO £100,000 INVOLVED.

Wellington, August 6.

The Chief Justice delivered judgment in the Renata will case this morning. Probate was granted to Airini Donnelly. After the judgment, which was a very lengthy one, was concluded, Mr Bell, counsel for Broughton, gave notice of appeal at the November sitting of the Appeal Court. It was agreed that probate should not be issued, pending the appeal. Costs were given against Broughton, and are not to be paid out of the estate.

THE HISTORY OF THB CASE,

The action was brought by William Muhunga Broughton, sheep farmer, Hawke's Bsy, who claimed judgment for the issue of probate of the will of the late chief Renata Kawepo, who died at Hastings in April last. The plaintiff alleged that the late chief duly made his last will and testament on the 12 th January 1887, appointing him as sole executor thereof^ The will was signed and witnessed by Robert Vickerman, J. H. Spencer, John Gemmell, Arthur Pickering, and Thomas Bishop. The defendants, Airini Donnelly, wife of George Prior Donnelly, of Omahu, and a number of her relatives alleged that the will drawn up on the 12th January was not properly translated and explained to Renata Kawepo, or that he understood the meaning and effect thereof; that it was not the last will and testament of Renata Kawepo, but had been revoked by a subsequent testamentary disposition that on the 12th April Renata Kawopo, being then of sound mind, made and executed his last will, in which he bequeathed the whole of his property to the defendant and her reUtions ; that the said will was witnessed by Te Teira Frtkitai, and Te Roera Tareha. The defendants put in a counter claim that letters of administration of the estate and effects of the said Renata Kawepo with the will of the 12bb April should be granted to her. In reply to this couat r claim, the plaintiff filed a statement to the effect that the said document oi the 12th April was not a will, inasmuch as it was not properly registered, and it had been framed and written by the persons named therein who were to take the 'bounty thereunder ; and, further, that if such document was executed by Renafca Knwepo, such execution was obtained by the undue infl lence of the defendant. The will states the property of the deceased to be worth from £50,000 to £100,000. The deceased chief was well known in Napier, and had at one time owned and raced some horses, He caught cold while superintending preparations for a feast at which it was to be decided how certain blocks of land were to be apportioned, and he never recovered from the effects of it, dying on April 14. Renata, though he had two wives, had no children ; but he bad a number of relatives. Among them was a grand niece, named Airini ("Alice" — "Princess Alice " she is usually called by the Europeans, to indicate her chief tanship)', an energetic young lady, who is well known in society in Hawke's Bay. As a girl she had lived wiih tho chief, with whom she waa a great favourite, and though they had frequent "tiffs" no serious quarrel took place until Akini was married in 1878 to Doupelly, a European, a marriage to which the chief was strongly opposed. They parted in anger, and Renata adopted a halfcaste named Broughfcou, behayed to him as a parent, made him his factotum, and Broughton came to be looked upon, by Europeans at any rate, as Renata's heir. Mrs Donnelly did not regard him with a frendly eye. She was reconciled several times with her uncle, but they always had more tiffs, the lady having a will of her own. For some time before Renata's death, however, the two appeared to have become reconciled, and Airini undertook to assist in preparing for thb big feast in April, and signed the invitations which were sent out. When 1 Renata was taken seriously ill she established herself as chief nurse, and it was while attending on him that the last will was made. The chief died, and immediately he was buried wjth great pomp and ceremony. A wordy war and a scuffle took place at the strong room in bis house between Broughton and Airini and their partisans, each of whom asserted a claim to the possession of the deceased's confidence, and consequently of his papers and the keys of his Milner's safe, in which it is reported several thousands of pounds in cash was lying. After a parley, in which several lawyers took part, the contestants agreed to suspend hostilities until .they could renew them in the Supremo Court in the action which has just concluded. The will which left the property to Broughton had been drawn up in due form by a solicitor. The circumstances under which the second will was made are peculiar. Mrs Donnelly's story is that two days before Renata died, and while his two wives were asleep in his room from fatigue, he asked her to make his will, and expressed surprise that she had not done it before, as he had previously spoken about it. He pressed her to do it then, and she fetched pen, ink, and paper and wrote at his dictation: — ■

Omahu, I2th April 1888.— The persons for my will are Airini and her [younger brothersand sisters and their children. - -

This document was witnessed" by Airirii's father and another Native, who saw Renata affix' his mark, being unable to sign his name. The will was kept a secret until after the death and funeral of Renata, and its existence' only became known through her solicitors and her husband endeavouring to oust Broughton from the neighbourhood of deceased's strong room while the funeral vault was yet being closed. Ths case has occupied the attention of the Chief Justice for several weeks, quite a cloud of witnesses haviog been examined. The story of each of these varied considerably. Yen. Archdeacon Williams was one of the strongest witnesses for Mrs Donnelly. He stated that Renata gave him to understand he wished the property to go to Mrs Donnelly, but two Natives who were present at the time gave evidence that the archdeacon must have misunderstood the chief. Mr Carroll, M.H.R., also visited tbo dying chief, but no intimation was given to him that it was intended to confer the property on Airini. However, the Chief Justice after a patient hearing appears to haye 1 given credence to the story of the lady.