THE LATE HENI WILLOUGHBY.

Gisborne Times, Volume XXVII, Issue 2677, 6 December 1909, Page 7

THE LATE HENI WILLOUGHBY.

INTERESTING LEGAL POINT.

A sitting of the Native Land Courtwill be held on December 20th for the purpose of appointing successors to the real and personal estate of the late Heni Willoughby, who was burned to death lately and who died intestate. The “Gazette” notice contains applications by the -Public Trustee —acting, no doubt, on behalf of the husband of deceased —and by her brother, Panapa Waihopi. It will be a matter for the Court to decide whether the European law which gives, two-thirds of the property to the husband or wife of an intestate will apply in this case or whether the whole of' the property will pass in accordance with Maori custom to the next of kin of deceased, in which case Panapa will be the sole beneficiary. • An opinion was expressed to a representative of the “Times”—by a gentleman well versed in such matters—that there was no option open to the Court but to appoint Panapa sole successor to deceased’s interests in lands, and that he was surprised at the action of the Public Trustee in interfering in such matters when it was well known that a full brother of deceased, who was fronr. no disability that would bring him within the provisions of the Maori .Real Estate Management Act, was alive. > - However, in speaking to another gentleman equally qualified to give.an opinion the -“Times’P representative was informed that the- husband must receive two-thirds of the property, in accordance with European law on the subject. ; . . It may be noted that exclusive pmsdiction is reserved to the New Zealand Court in the matter of probates and administrations, where Native Lands are concerned —and that no letters of administration in: the absence of testamentary disposition can issue affecting .the . real estate of the intestate. In such case separate succession orders are made 'by the Court affecting the various blocks in question.