NEXT OF KIN TO SUCCEED

Taranaki Daily News, 11 July 1933, Page 7

NEXT OF KIN TO SUCCEED

ADOPTING PARENT’S CLAIM FAILS.

COURT APPLIES NATIVE CUSTOM.

By Telegraph—Press Association. Wellington, July 10.

The Court of Appeal to-day in reserved judgment in the appeal to decide who was entitled to the estate of Pareihe Whakatomo, held that the Native Appellate Court was justified in applying the recognised and established rules of native custom relating to intestate succession to native lands to tire case of the beneficial freehold interest in the native lands of Whakatomo. It also held that the judgment of the Appellate Court of 1906 was not a definite determination by which tire court of 1932 was bound to hold that an adopting parent should succeed.

The effect of this decision is that the next of kin will succeed and not the adopting parent. On December 7, 1920, the Native Land Court made an order for the adoption by Turoto Retia and Hokimate Turoto, his'wife, of Pareihe Whakatomo, sometimes known as Lee Fraser, an orphan male Native child aged seven. Subsequent to the adoption Whakatomo was appointed by the Native Land Court successor to the interest of his natural mother in a parcel of Native freehold land, and was possessed thereof on January 9, 1930, when he died intestate and without issue. His adopting father, Turoto Retia, predeceased him. Application was made to the Native Land Court for succession to various land and interests of the deceased Whakatomo, including the previously mentioned Native freehold land. The Native Land Court decided that the adopting mother, being the surviving adopting parent, was the person entitled to succeed.

Mr. Bunny, counsel for the next-of-kin of the natural mother of deceased, submitted that the matter should be decided according to Native custom, which provided that in the event of there being failure of issue a gift should revert to the source from which it came. That was the Native custom relative to all other types of gift, and should be applicable to succession to freehold Native estates. Mr. Johnson, for the surviving adopting mother, submitted there was no Native custom applicable to the facts and therefore the whole matter should be decided according to New Zealand law.