HENI WILLOUGHBY’S FSTATE

Gisborne Times, Volume XXVIII, Issue 2746, 26 February 1910, Page 3

HENI WILLOUGHBY’S FSTATE

THE QUESTION OF SUCCESSION.

The question of the appointment of a successor in the estate of Heni Willoughby, deceased, again came be loro His Honor Judge Jones at the Native Land Court yesterday afternoon. Henry AVil lough by, file husband of deceased. was represented hy Ali’ssrs AY. L. flees and H. J. Finn, and Pnnapa AVaihopi, deceased’s brother, and the other claimant, was rc-oresented by Air. L. T. Burnard.

Argument was heard yesterday, the following facts being admitted: —That Heni AYill-oughb- died in November, 1909; that she was legally married to AYilleughbv in September of that year; that she had no children, father or mother, and only one brother, at the time of her death; that she died intestate; and that Panapa AVaihopi is entitled to succeed to any lands to which native custom is applicable. On behalf of AVilfoughby, Air. Rees contended that as ho ( Willoughby) had been legally married to tlief deceased, tbe Court should, according to Now Zealand‘law. appoint him successor tq two-thirds of the property and her brother, Panapa,. as successor to the .remaining one-third under the terms of the Administration Act. Continuing, Air. Rees said that the case was a most peculiar one. but the principles- . involved in it had been repeatedly before the Superior Courts, and he quoted authorities at length in favor of his contention that native custom could only control native lands. Directly another title intervened, the land ceased to bo native land, and native custom ceased to attach to it. He , claimed-,, that in the ease in question there was no nativecustom connected with the lands which wore mainly held under European titles He submitted, therefore, that as most of the lands were Crown or statutory granted lands, or lands under the Land Transfer Act, they could not be considered -at native lands, and that succession should' not be according to native, custom, but according- to the law of New Zealand.

Air. Burnard, on behalf of Panapa AVaihooi, outlined, the case for -his client as follows: —(1) That by the Native Land Court Act of 1894 the person, who, by native custom is the successor. is entitled to succeed, no matter under what titles the lands, are held ; and (2) that native custom did apply in the present case, and under that condition the applicant AVilloughby could not hope to succeed.. Counsel quoted extensively from authorities, and claimed that, for the purposes of succession, there was no distinction between any classes of land. At the conclusion of counsels’ argument, His Honor intimated that the Court would take time to consider the case, arid* would give reasons for. its decision. Judgment would -he delivered at 10.30. a.m. on AVednesday next.