Friday 28th November 1879
Court opened at 10 am.
Present – the same
Aorangi No. 1 – Subdivision
On the case being called –
Mr. McDonald addressed the court in favour of the case going on.
Dr. Buller pointed out several small difficulties the Memorial not having issued.
The court then pointed out that the case could not go on on account of the Memorial not having been produced for cancellation and agreed with the decision of Judge Heale in this same case.
(See page 61 in this book)
Tuwhakatupua No. 2 – Hutana and others
Adjourned claim.
Dr. Buller applied to have this claim adjourned as the claimant was absent.
The court said it could not be adjourned longer than the present session.
Dr. Buller then stated that he withdrew the claim absolutely.
Dismissed
Succession
Rangitikei Manawatu No. 7D
Enereta Te Rangiotu claims to succeed Tino Tare.
Dr. Buller applied to have this claim dismissed as Tino Tare was still alive.
Dismissed
Hokowhitu No. 2 – Succession
Rota Moea to succeed to Kerei Moea.
Dr. Buller appeared for claimant.
Rota Moea – sworn
I live at Palmerston.
Kerei Moea deceased was my child. He is dead. Died 20th January 1878. I was present. He was an adult and had married 2 wives. All children he had are dead. He left 2 sisters and one younger brother. Harieta Mauriora, Rawinia Te Rangi, Wereta Moea. These are their names.
I apply to succeed solely to my child’s interest. He left a will or document. I saw him make his mark to it. He was quite same. I made a mistake in saying deceased died in 1878. It was in 1879. Deceased mentioned that the disposition of Hokowhitu No. 2 mentioned in document should be made myself. Kerei Te Panau and own wives were present at his death.
By Assessor
Neither myself or his mother had any title to the land. Deceased was put in through Aroha of Kerei Moea. No minister or magistrate was present when the sill was signed.
Kerei Panau – sworn
I hand in this document as deceased’s will. I was present with several others at his decease.
I have had possession of this document up to the present date. Deceased was sane when he made his will. The interest in this land was given to deceased by me through Aroha as he was a foster child of mine. I have never heard his brothers or sister made any objection to the disposition as made by the will.
By court
We saw no necessity for witnesses. I wrote the will at request of deceased.
Court adjourned until 2 pm.
Court resumed at 2 pm.
Hoani Meihana Rangiotu – sworn
I live at Oroua and belong to Rangitane.
I know the claimant and am aware his child Kerei is dead.
According to native custom, if I was a judge, I would return the land to the person who gave it through love if deceased had expressed no wish. If the donor should wish it to go to the father of the child who died it should do so. Had a wish been expressed by deceased that the land should go to the father, it should do so, the land being a gift although no cocument appeared.
Nerihaha Tamaki - sworn
Of Ngati Kahungunu.
I have heard Hoani Meihana’s statement regarding Maori custom, it is correct. As a rule on the death of a son the father inherits.
Claimant stated deceased was eldest son.
Objectors challenged – none.
Order to be made in favour of Rota Moea.
Fees - £1.0.0
Tiaki tahuna – Succession
Rapana Te Mataio claims to succeed to Arama Matai.
Tiakitahuna
Kerei Te Panau claims to succeed Kerei Moea.
Dr. Buller appeared and stated that the grant had issued in favour of Hoani Meihana alone through some mistake but Hoani Meihana had agreed to convey portions to those whom they should find amongst themselves entitled.
Hoani Meihana – sworn
A grant was made in my favour and is now in possession of Dr. Buller. The land does not all belong to me. I have an interest. I purchased the land on behalf of the people.
Both clims dismissed.
Dismissed
Ngawhakarana
Kerei Panau and others to succeed to Kerei Moea.
No case.
Dismissed
Kairanga Reserve – 730 acres
Order made 16 May 1873.
Kerei Te Panau claims to succeed Kerei Moea.
Dr. Buller appeared for Kerei Te Panau.
Kerei Te Panau – sworn
I live at Palmerston.
I knew Kerei Moea. I was present at his decease.
He was son of Roto Moea’s and foster child of mine from childborn to marriage. He died without making a formal will. He is in the certificate of Kairanga.
I heard his dying statements and he appointed me to succeed him and his father consented and confirmed the gift. I apply to succeed as a registered owner.
Rota Moea – sworn
I live at Hokowhitu.
I am father of deceased. I corroborate the statement of Kerei Te Panau. I consent to his succeeding to my childs interest.
Cout stated the best course would be to order in favour of the father and he could convey to Kerei Panau.
Objectors challenged – none.
Order made in favour of Rota Moea.
Fees - £1.0.0
