VOL. 2
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Pohnpei Civil Action No. 145-86

Trial Division of the Pohnpei Supreme Court

April 10, 1987

     Petition for the appointment of surviving spouse of decedent intestate as administratrix of his estate. The decedent was also survived by his five children and his eldest brother. The Trial Division of the Pohnpei Supreme Court, EDWEL H. SANTOS, Chief Justice, grantingthe petition, held that the interest of the decedent in a pendingcivil action relating to a tract of land is succeeded to by the petitioner, and that the land should be treated as part of the decedent's estate, subject to the outcome of the pending court action.

1.    Administration - Administratrix - Pending Actions
An administratrix may succeed to the interest of a decedent in a pending action.

2.    Administration - Intestate's Estate
Subject to the outcome of a pending action relating thereto a trail of land to which a decedent claimed title before his death shall be treated as part of the decedent's estate.

Counsel for Petitioner:         Ander Norman
Micronesian Legal Services Corp.

EDWEL H. SANTOS, Chief Justice
Hearing on petition was held this 7th day of April, 1987, in the Law Library, Pohnpei Supreme Court, with the petitioner and her

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            counsel present.

   1.      The petitioner and the deceased had been united in holy matrimony on July 6,1967, and remained in marriage until the decedent died on September 2, 1984,

   2.      Resulting from their union the following children were born  and/or adopted and now survive the decedent:
a)  Norton Yoma, son, born February 6, 1968;  
b)  Melina Yoma, daughter, born March 13, 1969;  
c)  Manuel Yoma, son, born August 10, 1972;  
d)  Neong Yoma, daughter, born August 28, 1974;  
e)  Esuroi Yoma, adopted daughter, born August 1,1977.

  3.      Fred Yoma, oldest brotherof the deceased also survives him.

   4.      The deceased left no will and no known debt, and the assets sought to be probated include:
   a)      Land parcel described as Parcel No.048-A-41, situated in Sokehs;
   b)      Land parcel described as Parcel No. 049-A-06 situated in Sekere, Sokehs;
   c)      Land parcel described as Parcel No. 048 -A-33, situated

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at Nan Kewi, Sokehs;
   d)      Land parcel, (the subject of law suit yet to be determined in Pohnpei Civil Action No. 24-83), described as Tract No. 71703 situated in Takaieu, U; and
  e)      A checking Account No. 35-00541-2 at the Pohnpei Branch of the Bank of Hawaii.

   5.      The petitioner filed her petition on August 26, 1986, requesting the court to appoint and declare the petitioner as the  administratrix of the decedent's estate. Public Notice of the  petition was given, and no contest was filed by anyone. I find  the petitioner to be a suitable person to be appointed admin istratrix of the decedent's estate.

     Considering the premises, it is Ordered, Adjudged and Decreed that:  

               1)      Sizue G. Yoma, the petitioner herein, hereby is appointed the administratrix of the estate left by the decedent Strik Yorna as described in this Order. The administratrix shall administer the estate in accordance with the intestatory law of this State (D;L. 4L-155-78), or its successor, and other laws applicable in this

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State relating to administration of estate.

  2)      The immediate legal heirs of the decedent are those persons listed under paragraph 2 of the findings, including the petitioner, and the administratrix shall ensure that the estate is administered and utilized in a manner most advantageous to the heirs of the decedent.

  3)      The decedent's Checking Account No. 35-00541-2 at the Bank of Hawaii, Pohnpei Branch, may be registered in the petitioner's name or in some other person's name at the election of the petitioner, and this judgment shall serve as the legal authority for the Bank of Hawaii, Pohnpei Branch, to effect any lawful changes in the title and authority of said Checking Account as the petitioner shall elect.

[1-2]       4)      The interest of the decedent in Pohnpei Civil Action No. 24-83 as it relates to Tract No. 71703 at Takaieu, U is succeeded to by the petitioner; and said tract of land shall be treated as part of the decedent's estate, subject to the outcome of the action in this court. So ordered this 10th day of April 1987.
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