Samoan Public Trustee v Collins [1961] SamoaLawRp 2; [1960-1969] WSLR 52 (13 December 1961)

[1960-1969] WSLR

SUPREME COURT OF NEW ZEALAND

THE SAMOAN PUBLIC TRUSTEE

v.

ANNIE COLLINS AND OTHERS
AND ELIZABETH COLLINS AND OTHERS

Wellington.
1961, 4, 5, 6, 13 December.
Full Court.
HUTCHISON J. McGREGOR J.

Case stated from High Court of Western Samoa - determination of next of kin - Validity of marriage between national of the United States of America and Samoan woman - recognition of marriage according to Samoan custom - law applicable - Intestacy - Succession - Conflict of laws.

Joseph Collins, the son of an American citizen and a Samoan woman, himself an American citizen, was born in Western Samoa, was domiciled here and lived all his life here as a Samoan. He died intestate on 21 February 1920. In 1933 an action to ascertain those entitled to his estate was commenced by the Samoan Public Trustee as administrator of the estate against two groups of defendants; first, his next of kin on the basis of his not having been legally married; and secondly, the descendants of a Samoan woman Sina, he having been the father of her children.

The case came before Luxford C.J. in the High Court in Apia and he, after hearing evidence, found as a fact that Joseph Collins and Sina were married in Western Samoa according to the customs of the Samoan people about the year 1870, when Samoa was not within the jurisdiction of any civilized Government. He expressed the opinion that the marriage of Joseph Collins and Sina by Samoan custom was a legal marriage, and accordingly held that the status of their descendants was a legitimate status and that they were entitled to succeed to the estate.

The learned Chief Justice, however, recognised the difficulties involved and the possible far-reaching effects of his conclusion and thereupon decided that the legal position be determined by the then highest judicial authority. Of his own motion, he stated a case as follows:

"The question of law for determination by the Supreme Court of New Zealand is:

Is a marriage performed in accordance with Samoan customs previously to any civilized government having jurisdiction in Samoa between a national of the United States of America and a Samoan woman a legal marriage? The said national of the United States was born in Samoa and of half Samoan blood. He lived as a Samoan, he had only a Samoan domicile, and he died in Samoa on the 21st day of February 1920."

HELD, affirming the judgment of Luxford C.J., that the marriage between Joseph Collins and Sina in or about the year 1870 in accordance with Samoan custom was a valid marriage and their children were legitimate.

CASE STATED by the High Court of Western Samoa for the opinion of the Supreme Court of New Zealand.

Barton and Mrs Schellevis (of the New Zealand Bar), for plaintiff:
Eichelbaum