POHNPEI SUPREME COURT REPORTS
[1 P. S. Ct. R 166]
IN THE MATTER OF THE ESTATE OF
Pohnpei Civil Action No. 47-85
Trial Division of the Pohnpei Supreme Court
May 13, 1985
Petition by surviving son of intestate for appointment as administrator of the estate of the intestate. A family agreement designated the petitioner as successor of the decedent and the administrator of his estate. The Trial Division of the Pohnpei Supreme Court, EDWEL H. SANTOS, Chief Justice, granting the petition, held that the family agreement was enforceable by the Court.
[1 P. S. Ct. R 167]
1. Intestacy - Succession - Family Agreements.Where upon the intestacy of a decedent there is a family agreement that petitioner, a son of the decedent, be the successor of the decedent the Court will give effect to the family agreement.
2. Administration - Family AgreementsWhere upon the intestacy of a decedent there is a family agreement that petitioner, a son of the decedent, be appointed administrator of the estate of the decedent the Court will give effect to the family agreement.
3. Administration - Distribution of the Property of IntestateWhere there is a family agreement relating to the distribution of the property of an intestate the Court will give effect to the family agreement.
4. Administration - Duty of AdministratorThe administrator shall be responsible for the settlement of any debts owing by the decedent found and proved, and shall distribute the assets of the estate in accordance with the family agreement where such agreement exists.
Counsel for Petitioner: Tino Donre of the Micronesian Legal Services Corp.
EDWEL H. SANTOS, Chief Justice
The hearing on this matter was held before me on May 7, 1985. The petitioner was represented by Trial Counselor Tino Donre of Micronesian Legal Services Corporation.
The decedent died on March 4, 1983, without a will. The decedent is survived by a number of relatives including fourteen (14) children as follows:
[1 P. S. Ct. R 168]
a. Alwis Ladore son, petitioner
b. Rose Augustine daughter
c. Paulus Ladore son
d. Sylvester Ladore son
e. Michael Ladore son
f. Araseti Paulus daughter
g. William Ladore son
h. Ignacio Ladore son
i Mariana Serilo daughter
j. Ioanis Ladore son
k. Kapir Ladore son
I. Allen Ladore son
m. Mohlina Ladore daughter
n. Seneorihda Ladore daughter,
and his spouse Dolihna Ladore. The decedent left an estate which was constituted by the following:
a. Land Parcel No. 037-Q-01 ( T. 74017) situated in Rentu Section, Kitti Municipality.
b. Land Parcel No. 003-F-03 (T. 73225) situated in Mwokot Section, Kitti Municipality.
c. Tract No. 73980, situated in Olopel Section, Kitti Municipality.
d. Land Tract No. 74011 situated in Olopel Section, Kitti Municipality.
[1 P. S. Ct. R 169]
e. Land Parcel No. 133-A-06 ( T. 71751) situated in Awak Section, Uh Municipality.
f. KCCA Share Account No. 880 in the value of $263.66. A family agreement was entered into by the children and the spouse of the decedent on February 15, 1985. A copy had been filed and incorporated as part of the petition. The said family agreement in essence states:
1. That petitioner, Alwis Ladore, is designated as successor of the decedent Bernard Ladore and the administrator of all real properties registered in the name of decedent and to distribute same to each and all of the sons of the decedent.
2. A stock certificate at Kolonia Consumers' Cooperative Association (KCCA) registered in the name of decedent shall be succeeded to by his son, Allen Ladore.
3. The decedent's spouse shall enjoy a life estate interest in all of the land parcels described above, and all of the land left by the decedent shall be treated as inherited lands and may not be sold. The petitioner prays that this Court enters an Order confirming the family agreement. Having heard the representation of counsel, and receiving no contest to the petition and considering the family agreement;
[1 P. S. Ct. R 170]
[1-3] It Is Adjudged, Ordered and Decreed as follows:
1. The family agreement incorporated in the petition is confirmed and is incorporated in this Order.
2. Petitioner Alwis Ladore is hereby appointed as administrator of the estate of the decedent Bernard Ladore.
3. The Administrator shall be responsible for the settlement of any debts owing by the decedent if found and proved, and shall distribute the assets of the estate in accordance with the family agreement.
4. Any party who may be aggrieved by the administration of the estate as herein ORDERED may bring the matter to the attention of this Court by motion.
So ORDERED this 9th day of May, 1985.