In the matter of the Death of A. William(1984)

POHNPEI SUPREME COURT REPORTS

VOL. 1

[1 P. S. Ct. R 13]

IN THE MATTER OF THE DEATH OF

ANTONIO WILLIAM

Ponape Civil Action No. 26-84

Ponape State Court

June 18, 1984

Petition for declaration that a person lost at sea in a tropical storm and never found alive or dead despite an extensive search be declared presumed dead. The Ponape State Court, YOSTER CARL, Associate Justice, held that under those circumstances it can be conslusively presumed that, that lost person legally died on May 29,1984, the date he departed Ponape Island on a fishing trip.

Presumption of Death

Where a person lost in a tropical storm at sea is never found alive or dead despite an extensive search it can be conclusively presumed that such person is legally dead.

Counsel for Petitioner: Micronesian Legal Services Corporation.

YQSTER CARL, Associate Justice

This matter came on for hearing on June 18, 1984, at 9:00 a.m. at the Ponape State Courthouse, the honorable Yoster Carl, Associate Justice, presiding. Upon review of the petition, the Court finds as follows:

1. On or about May 29,1972, Antonio William departed Ponape

[1 P. S. Ct. R 14]

Island on a fishing trip.

2. In the afternoon of that same day, a tropical storm struck Ponape Island.

3. Despite an extensive search, Antonio William has never been found alive or dead.

4. Under these circumstances it can be conclusively presumed that Antonio William is now and has been dead since May 29, 1984.

NOW THEREFORE, it is ordered that Antonio William is presumed to be legally dead and the Director of Health Services is ordered to issue a death certificate to petitioner to reflect this fact.

So ORDERED this 18th day of June, 1984.


	POHNPEI SUPREME COURT REPORTS VOL. 1 [1 P. S. Ct. R 13] IN THE MATTER OF THE DEATH OF ANTONIO WILLIAM Ponape Civil Action No. 26-84 Ponape State Court June 18, 1984 Petition for declaration that a person lost at sea in a tropical storm and never found alive or dead despite an extensive search be declared presumed dead. The Ponape State Court, YOSTER CARL, Associate Justice, held that under those circumstances it can be conslusively presumed that, that lost person legally died on May 29,1984, the date he departed Ponape Island on a fishing trip. Presumption of Death Where a person lost in a tropical storm at sea is never found alive or dead despite an extensive search it can be conclusively presumed that such person is legally dead. Counsel for Petitioner: Micronesian Legal Services Corporation. YQSTER CARL, Associate Justice This matter came on for hearing on June 18, 1984, at 9:00 a.m. at the Ponape State Courthouse, the honorable Yoster Carl, Associate Justice, presiding. Upon review of the petition, the Court finds as follows: 1. On or about May 29,1972, Antonio William departed Ponape [1 P. S. Ct. R 14] Island on a fishing trip. 2. In the afternoon of that same day, a tropical storm struck Ponape Island. 3. Despite an extensive search, Antonio William has never been found alive or dead. 4. Under these circumstances it can be conclusively presumed that Antonio William is now and has been dead since May 29, 1984. NOW THEREFORE, it is ordered that Antonio William is presumed to be legally dead and the Director of Health Services is ordered to issue a death certificate to petitioner to reflect this fact. So ORDERED this 18th day of June, 1984.