POHNPEI SUPREME COURT REPORTS
VOL. 1
 
[1 P. S. Ct. R 262]


IN THE MATTER OF LAND TRACT NO. 74175

 PAULO LEIOLA a/k/a PAULO LOYOLA, 
Deceased/Owner

 VALENTIN JANO,
Petitioner

 PGA No. 129-85

TRIAL DIVISION OF THE POHNPEI SUPREME COURT

OCTOBER 11, 1985

     Petitioner, who had since his youth lived and worked on land given to him by deceased owner as a customary gift brought action seeking a decree of the Court awarding him ownership of the land and instructing the Pohnpei Land Commission to register him as owner thereof. The Trial Division of the Pohnpei Supreme Court, JUDAH C. JOHNNY, Associate Justice, held that a valid customary gift had been made to petitioner, and that the Pohnpei Land Commission may issue a new Certificate of Title to the petitioner covering the land.

CUSTOM - CUSTOMARY GIFT
Where before his death the owner of land instructs the Pohnpei Land Commission by letter of his intention to convey title in his land to petitioner who had lived on and worked the land since his youth, and by written instrument the surviving heirs of the owner of the land agree to leave title in petitioner, there is a valid customary gift.

Counsel for Petitioner: Tino Donre Micronesian Legal Services Corporation.

JUDAH C. JOHNNY, Associate Justice

[1 P. S. Ct. R 263]

     Heard before me on October '9, 1985, Kolonia, State of Pohnpei. The Petitioner appeared through the Micronesian Legal Services Corporation, by Tino Donre.

FINDINGS OF FACTS
1.      Petitioner a 65 years old male, is a citizen of the Federated States of Micronesia, and under Article 3 of the Pohnpei State Constitution, is a citizen and pwelidak of Pohnpei, residing in Alauso, Kitti Municipality.

2.      The land parcel identified as Land Tract No. 74175, commonly referred to as Mwahi (Mai), originally registered and German Standard Deed No. 86, issued originally to Esteban, is situated in Alauso Section, Kitti Municipality, was subsequently registered under Tract No. 74175, by Determination of Ownership on September 16, 1980 in the name of Paulo Leiola.

3.      Paulo Leiola died on December 26, 1981, intestate.

4.      All intestate real properties of the decedent have been divided in Pohnpei Civil Action No. 161-84. Mwahi remains intestate property.

5.      Paulo Leiola by letter of January 12, 1980, instructed the Pohnpei Land Commission of his intention to convey title in Mwahi to Valentin Jano.

6.      By written instrument of December 7, 1983, the surviving

[1 P. S. Ct. R 264]

heirs of Paulo Leiola, agreed to grant title in Mwahi to Valentin Jano.

7.      Valentin Jano has lived on and worked in Mwahi ever since his youth.

ment to leave title in the.petitioner confirms a gift that the Paulo had made to the petitioner,upon which petitioner has lived and worked the land since youth. This is a valid customary gift. It is ADJUDGED, ORDERED, and DECREED:

1.      As to the parcel of land known as Mwahi, identified under Land Tract No. 74175, and situated at Alauso Section of Kitti Municipality, title is hereby confirmed in Valentin Jano.

2.      The Pohnpei Land Commission may issue new Certificate of Title to the Petitioner covering the land, following the , procedure outlined in 6.7 TTC 119.
                                                                                                                                                                                                                                                                                                           
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