33

G.—s

The parties opposing the validation of this will as regards this section stated thai the grantee whs a North Island Native who was given this section on account of his wedding a Ngaitahu woman. They claimed that one-half of the interest should go to the next-of-kin of the, grantee's wife. Neta, the grantee having died without direct issue. As, in my opinion, Henare Takatowhare, the adopted child of the grantee, would have been entitled to succeed to the whole interest, and as he apparently acquiesced in Emiri being given a share, and more especially as those claiming under the will have been in possession for nearly fourteen years and no succession orders have been made, I suggest that the will of Henare te Whaknawhi. alma Henare Mahuika, be validated so far as it affects this section. Section 13. Title : Grant under the Crown Grants Act. 1862 (No. 2). Area : 14 acres 1 rood 21 perches. Restrictions prevent disposition by wi 11. Grantee : Teoti Paipa. On 26th .September, 1893. a succession order was made appointing Kiti Paipeta, f.a., of ftapakd, sole successor to Teoti Paipa's interest in this section. From entries in Middle Island Minute-book No. 8, pages 355 to 359, it appears that Teoti Paipeta died on 2nd October. 1891, leaving a will distributing his various lands amongst his children with the exception of one. Makareta Manihera, who whs omitted on account of her conduct. Succession orders were apparently made in pursuance of this will, the objections of Makareta Manihera being overruled. She has never , appealed, and the order is almost within the protection of the Land Titles Protection Act, 1908, and proceedings under section BO of the Native Land Act. 1909, could not be taken without the consent of the Governor in Council. The other seven members of the family raised no objection to this order, and are appointed successors in other blocks, in accordance apparently with the terms of the will. T do not think this order should be interfered with. Section 16 (also Sections 26 and -14). Title : Grant under the Crown Grants Act. 1862 (No. 2). Area : 13 acres 3 roods 35 perches. Restrictions prevent disposition by will. Grantee : Haata Toromi. Succession order, dated 26th October. 1885, appoints following successors to grantee : Kaniera Erihana, Hari Rota, Ratimira, half-share ; Hareti Hohaia. Ani Pi Mann hi. half-share. Ani Pi Manahi left a will, but as devisee was next-of-kin there was no objection to validation of this will as regards this section. Hareti Hohaia also left a will. Died 11th April, 1893. Probate granted by .Supreme Court, 11th August, 1893. Will gives this section to Taituha Hape, and "in the event of his death I bequeath it to his wife and to his children." It was asked that this will should be validated on the following grounds : Will was drawn l>v Canon Stack in LB9O. Probate duty paid amounted to £4-1 165.. and, including this amount, costs of obtaining probate amounted to £100. Taituha's son has erected improvements worth £220. and removal would damage them considerably. The testator was sixty-six or sixty-seven years old at death, and had lived a long time with Taituha as one of his family. She gave him the will after its execution, and he was not aware that Governor's consent was necessary. Taituha paid all expenses of her long illness, funeral, and tombstone. Taituha and Baniera Erihana leased about 10| acres to Taituha's son. and the other portion of this section was leased to .Mr. Judson. The son has a right by the terms of his lease to remove the house before expiration of his tenancy. It also appears that Taituha's wife found the money for the erection of the house, and that she would not have done this had she or Taituha entertained any doubt as to the validity of the will. Both Taituiia and his wife are related to the testator. Taituha being the nearer of kin. His connection is as under :— Te Whakatiki (first husband) = IV Mihi = Pukurua (second husband). Te Atua Maki=Totoki. Tβ Wera=Tauainvhani. Huru = European. Harete Toku * l< ilea — Kahutarii = A'i\vaniua. (the testatrix). Taituha Hape. I Hopa Kaukau = Ahu. Watene = Raruia. Hana Pateke=Horopapera. Teone Watene. Waaltt Monin. ttetimana Memo. Titii Moiuo. It appears, however, thai Harete Toko obtained her interest in this section not through Te Wera. but through Tauauwhara, so that Taituha would not be entitled to share as one of the next-of-kin. At the time house was erected no subdivision of the section had been made, but it was understood amongst those then deemed to lie owners of the section that Taituha. Hape was entitled to the portion upon which it had been built. Taituha has been in possession of the land or receipt of the rents ever since 1893.

o—G. 5.