Cite as Heirs of Mackwelung v. Heirs of Mongkeya,16 FSM Intrm. 535 (Kos. S. Ct. Tr. 2009)

[16 FSM Intrm. 535]

CIVIL ACTION NO. 39-06

Decided: August 6, 2009

*Associate Justice, FSM Supreme Court, sitting by designation

APPEARANCES:

HEADNOTES

Property – Registered Land

The Kosrae Land Court is required to set forth on every certificate of title the names of all persons holding an interest in the land. Heirs of Mackwelung v. Heirs of Mongkeya, 16 FSM Intrm. 535, 536 (Kos. S. Ct. Tr. 2009).

Property – Registered Land

The Kosrae Land Court must make orders and decisions which determine any claim of heirship to a deceased person's title or interest in the lands, and once the Land Court heirship proceeding has determined the names of all persons who are heirs to a parcel, it may then issue a certificate of title for that parcel. Heirs of Mackwelung v. Heirs of Mongkeya, 16 FSM Intrm. 535, 536 (Kos. S. Ct. Tr. 2009).

COURT'S OPINION

MARTIN G. YINUG, Special Justice:

On July 13, 2009, the appellants, heirs of Allen Mackwelung, filed their Motion for Order for

[16 FSM Intrm. 536]

Kosrae Land Court to Issue Certificates of Title and Distribution of Trust Funds. The appellees, heirs of Kun Mongkeya, did not respond to the motion.

The appellants ask that, based on this court's March 19, 2009 opinion [Heirs of Mackwelung v. Heirs of Mongkeya, 16 FSM Intrm. 368 (Kos. S. Ct. Tr. 2009)], this court order the Land Court to issue certificates of title in conformity with the March 19, 2009 opinion and further order that the trust fund held by the court be divided between the appellants and the appellees in the same proportion as the land was divided between them. The appellants assert that this is proper since the legal dispute between them and the appellees is over.

This court, however, cannot issue the order in the form requested by the appellants. This court will not order the Land Court to violate the statute that created it. The Land Court is required to set forth on every certificate of title "the names of all persons holding an interest in the land." Kos. S.C. § 11.615(2). At this point, this court does not know the names of any person holding an interest in the land. This court only knows that the owners of the four-hectare Parcel. No. 61-T-13 are heirs of Allen Mackwelung and that the owners of the 8,457-square-meter Parcel No. 061-T-32 are heirs of Kun Mongkeya. This court does not know their names.

This court will therefore remand that matter to the Land Court, which shall then "[m]ake orders and decisions which determine any claim of heirship to a deceased person's title or interest in [the] lands." Kos. S.C. § 11.605(1)(e). Once the Land Court heirship proceeding has determined the names of all persons who are Allen Mackwelung's heirs to Parcel No. 61-T-13, it shall issue a certificate of title for Parcel No. 61-T-13. And once the Land Court has determined the names of Kun Mongkeya's heirs to Parcel No. 61-T-32, the Land Court shall issue a certificate of title for Parcel No. 61-T-32. Only after the Land Court has conducted the appropriate heirship proceedings and issued the appropriate certificates of title will this court be in a position to frame an order disbursing the trust funds to the appropriate persons.

NOW THEREFORE IT IS HEREBY ORDERED that the Land Court shall take such steps as appropriate for an heirship proceeding before it and determine the names of Allen Mackwelung's heirs and shall then issue a certificate of title for Parcel No. 61-T-13 setting forth the names of all persons holding an interest in that parcel. AND IT IS FURTHER ORDERED that the Land Court shall take such steps as appropriate for an heirship proceeding before it and determine the names of Kun Mongkeya's heirs and shall then issue a certificate of title for Parcel No. 61-T-32 setting forth the names of all persons holding an interest in that parcel. The Land Court shall commence the heirship proceedings within thirty days of entry of this order.