NATIVE LAND COURT.

Wanganui Herald, Volume XXXIII, Issue 9685, 6 March 1899, Page 2

NATIVE LAND COURT.

JUDGMENT IN RE WILL OF MAJOR KEMP. His Honor Judge Ward has delivered judgmont in this matter as follows; — Tliis is an application by Wiki Kcepa for probate of tho will of her father, Weina Keopa to Itangihiwinui, deceased. At tho outset of tho case Mr Hutchison, the opposing counsel, said he had no objection to the execution of the will. Mr Bnrnicoat then put in evidence declaration of date of death of testator, which took place at Wanganni on 15th April, 1898, of Thomas M'Donnell, setting forth the details of tho execution of tho said will. Mr Hutchison then stated that though ho did not object to the execution of tho will, ho does object to probate being granted. Ho said that certain four parcols of land in tho list of lands alleged to bo tho property of deceased are lands in which ho claimed that they were held by the deceased for others, and if probate wero granted, these people might not obtain their rights, if any, to theso lands without much trouble and expense. >' Tho Court expressed the. opinion that probato of this will would' not bar proceedings being taken to teat the claim of ownership to these lands, Mr Hutchison also objected to probate being granted, as it would exciudo Haruru l_i Te ftangt, a nephew of the testator. He understood that aB Hanmi Xi To Rangi was bo c\obbW related to Mciha Kcepa ho was entitled to a Bharo in his real estate Tho Court expressed tho opinion that, according to nativo custom and the proctico of the ho was not entitled to any land for that reason. Mr Hutchison then Btated he was instructed to say that Haruru Xi Te Rangi claims to liavo. been an adopted son of tho deceased Thu Court said if he was "an adopted son, then ho would be a natural successor, and it would be .the duty of tho Court to see whather ho^had other 'lands sufficient for his support. On this point inquiry was made, and it was found that he, Haruru, owned over 600 acres of land, which, in the opinion of tho Court, is amply sufficient for his support. Mr Hutchison admitted this. ■ Tho further grounds of objection to probato bein? granted i>re as follow:— Mr Hutchison contended that, the will is againßt the polity of tho Native Lands Act, 1894 and 1895, In viowof this, it is important to BeO •whether the lands of Kemp, ns shown in tho list, are held by him in severalty or not. , The will proposes to effect the alienation of land of larger area than those "acts permit. Ho observes item No. 1 in tho lift — Rangiwaea, No. 48, 700 acres. If that is first-cla«s land, it is more than Section 3 of tho Native Land Laws Amendment Act, 1895, permits. He stated that he was also informed that until the year 1896 it formed an undivided part of the Rangiwaea No. 4 Block. Thero again, ho urged, was an objection, as' the partition of it took placo after the said Act of 1895 came into operation. He further pointed out that item No. 6 in. tho list— Ohotu No. 1, 75 shares, being shown as 2,606 acres. Assuming this to be Rocond•class land, tKo area of this parcel is above., tho limit that may bo alienated uud-^r tltf 1 ' efore-mentioned section. "He stated that he was also informed that this interest in -Ohuhu No. 1 is not a separate ono, that tho testator is only ono of many owners of that block. On theso points we say as follows: — That tho application before us is under Section 46 of tho Act of 1894; that Section 117 of that Act, as amended by Section 31 of tho Act of 1895 and Section 3 of tho Act of 1895, which is a clause relaxing the drastic provisions of .Section 117, which two sections should ■bo_road_ together, do not in any way re- 1 strict, in our opinion, alienations rnadc under Section 46 of the Nativo Land Court Act, 1894. Section 33 of tho Nativo Land Laws Amendment Act, 1895, supports us in this opinion. In the course of "his argument, Mr Hutchison appeared to. lay great stress on the fact that somo of these lands wero not hold by the testator in sevoralty. Here we would remark that Section 3 of tho said Act of 1895, as amended by Section 27 of tho Act of 1896, does not require that land to be alienable must be held in severalty, as tho words "separate area" have been substituted for "soparate holdings," so that unrestricted land, 'if within the area limited by the Act, except within the prescribed district, may now bo alienated quite irrespective of tho number of owners. Mr Hutchison further objected to probate on tho ground that the will is to a trustee, claiming that Wiki Keepa is merely that until Sir Walter Buller's claim is satisfied, and then she is to have what is left of the real estate. On this matter we say that the fact of Sir Walter Buller's claim on the oßtate being so prominontly mentioned in tho will does not of itself afford sufficient grounds for refusal of probate. At the same time, wo remark that the reference to Sir Walter Buller's claim on the estate does not commend itself to the favourable consideration of th<s Court. We now pronounco this to bo tho last will and testament of Meiha Keepa Te Rangihiwinui, deceased, and wo grant probato thereof as prayed. Tho Court directs that Wiki Keepa ontor into a bond of ,£SOO, without sureties, to exhibit unto the Court a true inventory of the estate, effects, and credits of the deceased within six months, and shall render an account of her administratorship within one year. The proceedings then closed.

Chbonio Dmmnrei Cubed.- -Tbia is to certify that 1 have had cbronio diarrhoea ever since the war. I got so weak I could hardly walk or do anything. Odo bottle of Chamberlain's Colio, Cholera and Diarrhoea Eemedy cured me sound and woll.--J. B. Gibbb, Fincastle. Va. I had chronic diarrhoea for twelve years. Three bottles of Chamberlain's Colio, Cholera and Diarrhoea Kemedy cured me. — S. L. Shaveb, Fincastle, Va. Both Mr Gibbs and Mr Shaver are prominent farmers and reside near Fincastle, Va. They procured the remedy from Mr W. E. Casper, a druggist of that place, who is well acquainted with them and will vouch for the troth of their statements. For sale by B. M. Gatenby, Chemist.