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New Zealand: Acts affecting Native Lands, 1886, 1888-91 and 1894-95

(3.) Succession, Probate, and Administration

(3.) Succession, Probate, and Administration.

46.Devise of land subject to successor's right. On every application for the appointment of a successor where the deceased has left a will, and on every application for probate or letters of administration with will annexed, the Court shall inquire if the testator has devised land to a person other than his successor; and, if the testator has so devised land, the Court, if it shall further appear on inquiry that such successor has not, without the land so devised, sufficient land for his support, shall award to such successor a part, or, if necessary for his support, but not otherwise, the whole of the land so devised; aud the probate or letters of administration shall be expressly limited to the estate and effects of the deceased other than the land so awarded to the successor.
47.Infant Native incapable of making will. An infant Native shall not be competent to make a will.
48.Devise sufficient without succession orders. Excepting as in section forty-six is provided, or where the Court for some special reason may consider it expedient by succession order to give effect to what it considers to be the real intention of any testator, or to effect a division or distribution amongst several devisees, no succession order shall issue in respect of any land devised.
49.Title under succession orders. Upon the title under any succession order becoming ascertained, the interest of the deceased Native in the land or personal property comprised therein shall be deemed to have vested in the successor as trom the date of the death of such deceased Native, but subject to the title of the executor under the will, or administrator of the estate of the deceased Native.
50.Public Trustec to be trustee for minor successors in certain cases. The Court shall appoint the Public Trustee to be the trastee under "The Maori Real Estate Management Act, 1888," of the interest of any owner or successor hereafter determined who shall be a minor, excepting in cases where it shall appear to the Court that the appointment of some person or persons other than the Publie Trustee would be advisable in the interests of such minor.
51.
Exclusive jurisdiction in probate and administration, and discretion in granting same. The Court shall have exclusive jurisdiction to grant probate of the wills and letters of administration of the estate and effects of deceased Natives, and may grant letters of administration to any fit person, who need not necessarily be the next of kin of the deceased, and may grant letters of administration, with or without a will annexed, to any fit person, notwithstanding any application for probate by the executor.
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The word "Native" in this section shall not include the children of half-castes by Europeans, or of Europeans by half-castes, or their descendants respectively, nor shall this section apply to any will exclusively dealing with or disposing of any land acquired from the Crown or from Europeans by purchase or devise.