A NATIVE’S WILL.

Poverty Bay Herald, Volume LII, Issue 17009, 16 April 1926, Page 7

A NATIVE’S WILL.

CANCELLATION ALLEGED. JUDGE CARR RESERVES' DECISION An interesting case relative to the will of a native, which it was alleged had been revoked, was heard at Tokomaru Bay, before His .Honor Judge Carr, on Wednesday. It appeared that the native had made a will in 1923, but about six months prior to his death had called.on his solicitor, with a.view to revoking it. On the day of his death he ■expressed his intention of cancelling the will and thereupon struck out his signature with - «T pen. • ’ ,

Mr Nugent appeared in support of an application'for probate, and Mr J. R. Kirk appeared for interested parties to oppose the-grant, on the ground that .tlje.will did .riot.carry out the intention of the testator.

. .Mr. Kirk -admitted that cancellation of. a. will in the manner adopted by the native was not sufficient for tfie revocation of the will of -a European, but submitted that as the Native Land Act specifically set forth the manner in which the will of a native was to be made, and was silent ,as to how it could be revoked, native custom could be applied as sufficient cancellation. He submitted that as the Court- had exclusive jurisdiction in the -matter of probate of wills of natives, the Court was satisfied" that deceased really intended to cancel his will, that. it would not be right to frustrate his intention (in other words, his will) by grantirig probate of this particular document. The case aroused much interest among the natives and was closely followed by an interested/ audience. After hearing the evidence of J. G. Graham, solicitor, W. Te Whata. licensed interpreter. Mrs Pitcher, and WireTnu "Karaka, and legal argument, the Court reserved decision.