POHNPEI SUPREME COURT REPORTS
VOL. 1
 
[1 P. S. Ct. R 26]

IN THE MATTER OF THE
ESTATE OF IGNACIO SEMAN,
Deceased

CECILIA EHRAM,
Petitioner

Ponape Civil Action No. 2-84

 Ponape State Court

August 30, 1984

     Petition for the distribution of a portion of decedent's land and for the appointment of petitioner as administratrix of decedent's estate. Decedent died in about 1947 and was survived by four children (daughters) who by family agreement stipulated that the land be divided equally among the heirs of the First Class of the decedent.

[1 P. S. Ct. R 27]

     The Ponape State Court, EDWEL H. SANTOS, Chief Justice, granted the petition, appointing petitioner as supervisor of the property and charged her with the responsibility, among others, to divide the one-third portion of the property pursuant to the family agreement.

1. Domestic Relations- Succession- Land - Government Law.
Where decedent owner of land died in 1947 the rule of succession in effect at the time of his death is governed by paragraph 2 of the land law printed in the standard form of title document issued by the German Government on Ponape commencing in 1912.

2. Domestic Relations- Succession - Land - Family Agreement.
Where decedent owner of land under German title died without a son or a brother who would have succeeded him pursuant to the law of succession then in effect, but was survived by four daughters and a wife who by a family agreement stipulate that a portion of the decedent's land be divided equal among the heirs of the First Class of the decedent the Court will give recognition to the family agreement.

Counsel for Petitioner:          Micronesian Legal Services Corporation

EDWEL H. SANTOS, Chief Justice,
     This matter was filed with the Trust Territory High Court on January 16, 1984, under the sworn petition of Cecilia Ehram. This case was transferred on March 20, 1984, by the High Court to the Ponape State Court for disposition.

FACTS
   1.     Petitioner Cecilia Ehram is a citizen of FSM and a resident of

[1 P. S. Ct. R 28]

     Uh Municipality.

   2.     The deceased, Ignacio Seman, died about 1947. The deceased was survived by the following children:
a. Leonesia Inoke, daughter;
b. Donesia Wenio, daughter;
c. Maria Lainos, daughter; and
d. Rose Epina, daughter.

   3.     The asset sought to be distributed is a one third (1/3) portion of a parcel of land known as Tract No. 76310, situated in Rohi section of Uh Municipality.

   4.     Public notice was issued and no adverse party claim was filed.

   5.     The petition recites a family agreement stipulating that the subject land be divided equally among the heirs of the First Class of the decedent, that the petitioner, Cecilia Ehram, be declared the administratrix of the estate.
 
CONCLUSION OF LAW
     [1] The rule of succession in effect at the time of Ignacio Seman's death in 1947 was governed by paragraph 2 of the land

[1 P. S. Ct. R 29]

law printed in the standard form of title document issued by the German Government on Ponape commencing in 1912.

     Based on the evidence found in the record, Iganacio Seman, did not have a son nor a brother who would have succeeded him pursuant to the law of succession then in effect.

     The Court infers from the evidence found in the record that Igancio Seman's daughters and wife were in possession of this land ever since the death of Igancio Seman. There is no evidence of other persons claiming interest in the land contrary to the interest shown by the petitioner.

     In view of the foregoing, the Court gives recognition to the family agreement recited in the petition.

[2] Accordingly, it is ADJUDGED and DECREED as follows:

   1.     One third (1/3) of the portion of the parcel of land known as Tract No. 76310, situated in Rohi section of Uh Municipality is owned by the children of the decedent whose names are enumerated under Facts 2 above.

   2.      Petitioner Cecilia Ehram is hereby appointed as a supervisor of the property and is charged with the responsibility, among

[1 P. S. Ct. R 30]

others, to divide the said one third (1/3 portion of the land pursuant to the family agreement.

       So Ordered this 30th day of August, 1984.
                                                                                                                                                                                                                                                                                                           
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