a—6.

[Page 137.] Takimoana. —continued. Weihana Delamere addressed Court: If petition is favourably recognized the effect of the Act of 1909 will be nullified. It was a European who sent Tiweka to school. No evidence with regard to paragraphs 4 and 5 in petition. No evidence that Taki wished to leave her interests to alleged adopted children equally. Taki did make a will. Only one beneficiary. Evidence is not strong enough to prove adoption of any of the alleged adopted children. Karaurt Anaru : Parliament has asked for inquiry notwithstanding the provisions of the Act of 1909. Whakapapa of next-of-kin not disputed. Taki included us in her lands although we had no ancestral rights. It was Paretio who supported the old lady in her declining years. None of the next-of-kin assisted her at all. It was the adopted children who were instrumental in upsetting will. Next-of-kin took no action ; at first, it was left to us to act. Some of next-of-kin have given their interests to us knowing well that we were the adopted children of deceased. (Report to be made to Chief Judge.) Rotorua, 19th October, 1922. Memorandum for the Under-Secretary, Native Department, Wellington. Takimoana (deceased) : Petition of Karami Anaru for Relief. The matter of succession to Takimoana (deceased) came before the Court at Te Kaha during the month of July, 1922. An application for probate of her will, dated 6th April, 1920, was dismissed and probate refused by the Court, owing to the suspicious circumstances surrounding the preparation of the will, and also because it was not satisfied that the testator, who was illiterate and unable to write, understood the effect of her will. During the proceedings on succession it was brought to the notice of the Court that Takimoana had four adopted children —the petitioner and those mentioned in paragraph 2 ; but as the adoption had not been registered or evidence by orders of adoption the Court was unable to entertain their claims. Takimoana had no children, and the next-of-kin were deemed entitled to her interests, and succession orders were made accordingly as the different rights entitled them. From information gathered at the Court it was learned that Takimoana adopted the petitioners from childhood and reared them as her own, and they in turn worked for her and did all that children should do for their natural parents. The next-of-kin as found by the Court comprised four distinct parties, three of whom freely recognized the adoptions by giving up some of their shares to the adopted children, and were willing to give up all their shares if all would do the same. The fourth party remained obdurate and refused. It may be mentioned that the relationship of the next-of-kin to Takimoana varied from second cousins once removed to third cousins twice removed. Although the succession orders referred to comply with the law, I am strongly of opinion that they do not accord with Maori custom as applicable to this case, and I therefore recommend that the prayer of the petitioner be given effect to. H. Carr, Commissioner.

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