After matriarch Maria Te Kaha Morgan was stabbed and killed in her Ngaruawahia home by a mentally-ill grandson, strained family relationships hampered attempts to resolve her estate. It took legal proceedings to force action, but not resolution.
Maria’s death at age 72 in tragic circumstances left her children with divided loyalties, their emotions immediately after the event described in court as ‘still raw, still vulnerable, still hurt and angry.’
Maria left four children: Nancy, Leroy, Francis and Lillian.
Francis’ son killed their mother.
At an emotional family gathering after their mother’s tangi it was agreed Nancy would take the lead, being appointed under the Administration Act to take control of their mother’s estate. Nancy is not a biological daughter; adopted in a Maori customary whangai adoption.
A wish to keep their Cavan Street family home within the family resulted in Nancy suggesting the property be offered to the four siblings on a ‘first come first served’ basis at $450,000; a market valuation obtained the previous year.
Daughter Lillian agreed to buy.
She later asked that title be taken jointly with brother Francis.
Estate lawyers became frustrated with failures by both to sign the necessary paperwork.
The High Court was told Francis shifted into the property mid-2024. He has not been paying rent.
As administrator, Nancy asked for a High Court order removing Francis from the property so it could be sold, with net proceeds divided between the four children.
Francis attended the court hearing.
He agreed to leave Cavan Street.
Associate Judge Sussock formally recorded that Nancy as administrator was entitled to vacant possession.
Judge Sussock did not immediately allow an estate demand that Francis pay rent for the period he was in occupation plus legal costs to date of some $19,000 incurred to force him out.
These issues require a full defended hearing, she said.
Judge Sussock offered to assist with an out-of-court judicial settlement conference with family members to avoid the legal expense of a full trial.
Garrity v. Hati – High Court (1.04.26)
26.125