GK—5

39

will was returned to applicant for translation, and, although a duly certified translation was sent to the Court, the orginal will was never returned. Taituha was written to, and informed nothing could be dune until will was filed with the Court. Will was not filed, and probate has never been granted. Taituha Hape stated that the will had been produced before Judge Maekay in 1888. As will was in Favour of testator's own children, it is not of any consequence whether will is validated or not. as the Court would appoint the children successors. Will should not be validated. Section 57. Grant under the Crown Grants Act, 1862 (No. 2). Area : 5 acres 2 roods 20 perches. Restrictions prevent disposition by will. Grantee: Rina te Waipunahau. On 15th October. 1886. Native Land Court made an order appointing, as successor to the grantee, ffira Toka Mauhara, a niece of deceased, by virtue of a will dated 21st May, 1886. There was no objection raised to this succession order, as Hira appears to have been entitled as next-of-kin. ffira lefl a will dated 3lsl .Inly. 1893. in favour of her husband, Henarc Mauhara, for this section ; hm as he has died without issue, and there is no objection raised to the successors appointed by the Native Appellate Court to succeed to the interest of Hire Mauhara. there is nothing to be gained by validating the will, though Mr. Wright asked it should be done. Will not t<. lie validated so far as it affects this section. Skotion 58. Grant under the Crown Grants Act, 1862 (No. 2). Area : 14 acres and 6 perches. Restrictions prevent disposition by will. Grantee : Arapata Koti. Succession to above grantee was ordered by Native Land Court on the 14th October, 1885. in favour of John Uru. Minute-book 2, page 2, shows that this order was made in pursuance of will of deceased, whereby this section was devised to John Uru for life, and after his death to his children. Elizabeth and Johnny I'm. equally. Minute reads : " Order granted accordingly." Hoani Uru died sth August. 1898. leaving a will whereby he devised this section and other lands to " my wife Kata Uru for her sole use and benefit, with power to apportion them between our children after her death as she pleases." Letters of administration of Hoani Uru's estate, with will annexed, were granted to Henare Whakatau Uru on 22nd June, 1899. No objections to this will were raised before the Commission, though some of next-of-kin were present. The order of 14th October. 1885, is protected by section 432 of the Native Land Act. 1909. and I sec no objection to the validation of Hoani Uru's will. Section 80. Urant under the Crown Grants Act, 1862 (No. 2). Area : 14 acres and 6 perches. Restrictions prevent disposition by will. Grantee: lhaka Pohawaiki. Probate of will of grantee was granted by the Native Land Court on 7th September. 1895, to Hoani Uru, the executor named in the will. All this section was devised to Timaima Whitau, the wife of Here Whitau. Timaima Whitau stated before the Commission that she was the adopted child of the testator, who bad derived his right from his wife. Will was nui.de in 1883, and testator died Ist September. 1894. No objections were raised to validation of this will, as devisee had been in possession since death ol deceased, and no succession orders have been made. Will should be validated. Section 6,1. Grant under the Crown Grants Act, 1862 (No. 2). Area : 14 acres and 6 perches. Restrictions prevent disposition by will. Grantee : Wiremu Poukuku. Wiremu Poukuku died on 13th July, 1907, leaving a will in favour of his wife, Heni Mamaru Pokuku. This will purports to have been executed by the testator on the 17th January, 1893, and to have been attested by the witnesses on the 29th December, 1901. Letters of administration, with will annexed, were granted to Heni Mamaru Pokuku on the 10th March, 1908 —that is to say, after the decision in Henare Whakatau Uru v. Te Rangi. Irihapeti te Koaki appealed, but, with leave of Appellate Court, withdrew her appeal on 16th October, 1908. A succession order was made on 19th November, 191U, appointing Irihapeti Koaki and thirty-four others to succeed to Wiremu Poukuku's interest in this section, the widow's application fora life interest being refused.