51

G.—o

Succession order. 20th April. JBB7, for interest of Horomona Huruwai in favour of ffira Matiu, Teone Paina Huriwai. and Henare Manhara Huriwai, daughter and sons of deceased. Succession order, 20th April, 1887, for interest of Wakena Iki. in favour of Riria Watene. Succession order. 20th April, 1887. for interest of Molina Pokohiwi, in favour of Tera Matini and EiaTikini Pahau. Succession order, 13th September, 1897. for interest of Ilira Matin, in favour of Teone te Paina Horomona and Henare Horomona, equally. Succession older, 23id June, 181)!). for interest of Araraa Karaka, in favour of PirihiTa Weteri te Kaliu and Metapere llatini, equally. Succession order. 14th March. L9Ol, for interest of Te7 - a Matini. in favour of -Matin fee 111< and Koriana Edwards, equally. Succession order. 19th April, 1904, for interest of Metapere Hatini, in favour of Robert Tiki Harden. Emily Harden, and Winifred Harden, equally. Succession order, ITtli December, 1908, tor interest of Riria Watene, in favour of Reita Weka, Poihipi Watene Kokorau, Mere Hinehou Matene, Wiremu Tipene, and Taika Era, equally. Succession order. Ilih December, 1908, as varied by Appellate, Court 21st July, 1910, for interest of Watene Toroaruaru, in favour of Mana Himiona te Ataotu and eight others. Succession order, Bth November, 1910, for interest of Irai Tihau, in Eavour of Te Oti Wira and Hariata Whakatau I. Morera, equally. This shows orders on file for this section. Four questions arise concerning wills those of Tera Matini, Riria Watene. Irai Tihau. and Watene Toroaruaru. First, as to Tera Matini's : Tera Matini died 27th December, LBBB, leaving a will dated Bth December, 1888. whereby the Kaiapoi lands were devised to Ria Tikini. Will sets out, " I have no other nearer relation than my aunt. Ria Tikini." Probate of this will was granted on 12th February, 1892. to Mare Kahu, but as such grant ought not to have been made, there being no executor appointed by the will, the Chief Judge annulled it under section 39 of the Native Land Court Act. 1891. and application was sent back to Native Land Court for rehearing. The Native Land Court, on such rehearing, granted letters of administration, with will annexed, on 22nd June, 1899. A succession order for deceased's interest was made on 14th March, 1901, to Matini te llu and Koriana Edwards. Ria Tikini had possession from Tera Matini's death in 1888 till succession order was made. Ria Tikini, in her evidence, staled that the successors gave her half the rents, but I believe she was confusing t his section with Section 134(3, in which she is one of the successors. Minutes are not very clear, but it looks as if order in (i was made by consent. Will devises other lands to Ria Tikini as well as Kaiapoi. As succession order has stood so long, and successors have been in possession for almost ten years under a proper title, I do not think will should be validated. As to Riria Watene's will : Riria died 20th January, 1905. Probate of her will was granted cm 2nd February, 1907, to her husband, Wanaka Weka, to whom this section was devised. A succession order for interest of deceased was on 17th December, 1908. At the time probate granted the question of the effect of restrictions on wills had been before Courts some time. I do not think will should be validated as regards this section. As to Watene Toroaruaru's will : Probate was granted 9th October, 1893. Will in favour of his wife. Riria Watene. who is now dead. Succession order was made by Appellate Court 21st July, 1910, varying an order made in 1908 by the Native Land Court. Successors have been in possession since order made. No special reason was given in favour of the validation of this will, and Ido not recommend it. As to Irai Tihau's will : Will is dated 9th April, 1887. Probate granted luth February, 1892. No special mention in will of this section, but general devise to Pirihira Tihau. Court made succession order to next-of-kin on Bth November, 1910. The successors are in possession, and no special reason given in support of will. (See fun her particulars contained in report on Section 81.) The devisee. Pirihira Tihau. is dead. I cannot recommend validation of this will as regards this section. Kaiapoi 1371). Certificate of title under the Native Land Acts. 1865 and 1867. Area : 44 acres and 30 perches. Restrictions : Absolutely inalienable lor ever, except for the purposes of subdivision by lease for a period not exceeding fifteen years, or by settlement for the benefit of the grantees, their heirs or Successors, appointed under the Native Land Act. I8li;">. Owners: Pita Tipa, Anaru Kiriwera, Tatani Tohitu, Teoteo Tipa, Teone Ware, Teoti Kerekere, Teoti Mokomoko. Only question raised in this case concerned the will of Tatane Tohitu, who died in 1893. Will was dated 19th October, 1891, and devised this land to Riria Miinihera and Irihapeti Paiki. Probate was granted on the 29th September, 1893, and devisees entered into possession forthwith, and remained in possession for eleven years, when, on 24th October, 1904. a succession order was made in favour of Hamuera Reupene and twelve others as next-of-kin of deceased. The successors have been in lawful possession for seven years. I cannot recommend that will should be validated as regards this section. Section 138 c. Certificate of title under Native Land Acts, 1865 and JBG7. Area : 40 acres and 30 perches. Restrictions : Absolutely inalienable for ever, except for the purposes of subdivision by lease for a period not exceeding fifteen years, or by settlement for the benefit of the grantees, their heirs or successors, appointed under the Native Land Act, 1865. Owners : Teone Heinara, Teoti Kerei Ran, Akaripa Tuoi. Te Herewini Kaipuke, Henare Mauhara, Hoani Kaipuke, Pakaro Rukitapu.