E—No. 9
MINUTES OF PROCEEDINGS OF KOHIMARAMA. CONFERENCE.
APPENDIX. Recommended that an explanation of the mode of Succession to lauded property should be sent with a short Message from His Excellency to the Chiefs of the Conference at Kohimarama. (Signed) Donald McLean. 31st July, 1860. [Enclosure.] A pakeha can not only sell his land during his life but he can do as he likes with it after his death. The way in which this is done is as follows :— He must write his wishes on a paper stating that he wishes his land after his death to go to so and so. This paper must be signed in the presence of two witnesses all together at the same time, who must sign their names to the paper as witnesses. This paper must then be given to some one to take care of. When the testator dies the paper is produced and will ensure the wishes of the dead man being carried into effect. This writing called a Will, may be made at any time, and may he altered as often as he wishes during his life, the last writing always destroying the effect of the preceding one. The man may give his land by his Will to whom he likes. It is usual to give it to his children, a piece to this and a piece to the other, and so on, in each case clearly defining the boundaries. And as soon as the man dies, the child, or whoever it is, enters quietly into possession, and retains it for his own. And he can similarly make a Will of it. If a man dies without a Will, the land all goes lo his eldest son. If the eldest son is dead when the death happens, it will go to the eldest son of the eldest son. If he has no children it will go to the second son of the dead man, and so to his children. If there are no sons it will go to all the daughters equally,) and to their children. If he has no children it will go to his father. If his father is dead, it will go to his (deceased's) next brother and his children. If he is dead, the next brother, and so on. If there are no brothers, the sisters come in in equal shares. But whoever gets or holds land, holds it without claims from relatives or any other person.
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