MISSING RECORD

Daily Telegraph (Napier), Volume 58, Issue 166, 15 August 1929, Page 4

MISSING RECORD

COURT DOCUMENTS CANNOT BE FOUND. WILL CASE FOR ADOPTED SON. Tliat certain records of the Auckland Magiotrate'a Court cxtending over a period of ten years, from 18S1, are missiug and cannot be found was stated during the licaring of a will case before iMr Justice H'erdman in the Supreme Court. Tbe case was an originating summons for tbe intorprctation of a will. .Air Wilkin appeared lor tlie New Zealand Iiisurnnec Conipany, trustee m the estate of Jolin Carr Iving, deceased, and also for rcsidusry lc^utGCS. jM.i Smclair, represented William Jolin Carr Knipc, adoptcd son of tbe tcstator, and one l*of tlie beneficiaries under liis wili. ft "appeared tbat there were man.v circumstances wbicli liad preventcd the son from legallv establishing liis lull clainis upon the estate. II 13 ADOPTED SON. rn June. 1907, the testator made his will said IMr Wilkin, and lie died in Xov'embcr, 1911. The trustee nameci i,-, tlie will resigncd after a time, and ti ansferrecl the trust propertv to tlie New Zealand Jnstirance Conipany. After making certain bequests, the testator lcft the residue to liis wife for lier life time. To his adopted son the testator convevod tbe homostead at Avondale, and carefully provided what should be done if the son should predcccase tlie wife. The pnint was that the son survived the wife, and there was no provision 111 the ivill as to what should liappen in that cvent. To Mr Wilkin's mind there was obvioiislv a pnragraph left out in the engrossing of tlie will. Tt liad to be adniitted tbat tlie mnn liad died intcstate as to tlie balanee of tlie estate. Tbe quostion at issue was tliat of tlie snn's adoption. Everybody recr.gni'scd that he, was tlie adopted son. Fle was adopted in 187 in infaney by this eliildless couple. ITis TTonour pointed ont tbat it was a question of fact and not of law. IIOW DID IT HAPPEN? Mr Wilkin said tbe point of law was that the Adoption of Children Act eame into force in 1881, and an adopted son liad to sliow the trustee proof that be liad been legally adopted. Tlie records of tlie Magistrnte's Court were absolutely jncomplete. There were gaps oi- some years nmong the papers filed there. His Honour: llow did "tliat haiipen? IMr AVilkin : I have no knowle'dge. hut tliat is a fact and is deposed to in an nffidavit by tlie clerk of the Mnaistrate's Court. The elerk_ wlio assisted in tbe searcli said tbat it was tlie fiftli searcli be liad conducted for snnilar doeuments over tbat period without rcsult. It was known tliat tlie adoption took place in Auckland, but tliev kave failed to frace any hook or record wbicli .would throw any liglit on tlie date. VALUE OF THE ESTATE. His Honour said that there was the son's own aiiidavit tliat he liad been legally adopted and there was tbe fact that tlie Commissioner of Death Dirties liad allowed him to be treated as a Lcgally-adopted son. "The value of the estate is between £2000 and £3000. No trace can be found in England or Australia of relatives mentioned m thc will wlio were to benefit if tlie son predeceased tlie wife," said Mr Wikin. "The lawyer wlio conducted tbe testator's aft'airs is now dcad, and so is his only clerk. A searcli through his books and records iuts producecl no result." Mr AA7". G. Fletclier, eecretary of the Auckland District Law Society, was asked to inform the Court as to the past procedure with doeuments relating to adoption. He said the record of adoption in this case ought to be found filed with tlie Commissioner of Stamp Dutie-s in Wellington. Tlie case was adiourned to see if the dcfmite proof required may be forthcoming from this quarter.