In the matter of the Estate of Peren

POHNPEI SUPREME COURT REPORTS

VOL. 1

[1 P. S. Ct. R 30]

IN THE MATTER OF THE ESTATE OF

BUMIKO PEREN,

Decedent

FREDSON PEREN,

Petitioner

Ponape Civil Action No. 6-84

Ponape State Court

September 5, 1984

Petition for the appointment of petitioner and his sister, adopted children of intestate, as successors to the land of the intestate and for an order granting the husband of the intestate a life estate in the property. Intestate had one other adopted daughter. The Ponape State Court, EDWEL H. SANTOS, Chief Justice, appointing the petitioner administrator of the property, held that without a family agreement to the contrary the Court felt it was in the best interest of all the heirs of the First Class to enjoy the rights and privileges granted to them under the Pohnpei Intestate Succession Act.

1. Domestic Relations - Succession to Intestate's Property - Family Agreements

Without a family agreement to the contrary, the Court feels it is to the best interest of all the heirs of the First Class to enjoy the rights and privileges granted to them under the Ponape Intestate Succession Act.

2. Domestic Relations - Succession to Intestate's Property, - Family Agreements

Where heirs of the First Class to an intestate's property enter into a family agreement affecting their interest in the property the Court may

[1 P. S. Ct. R 31]

modify the application of the Ponape Intestate Succession Act to give effect to the agreement.

Counsel for Petitioner: Micronesian Legal Services Corporation

EDWEL H. SANTOS, Chief Justice

This matter was filed with the Trust Territory High Court in a sworn petition of petitioner Fredson Peren on February 16, 1984. Public notice inviting interested parties in the matter to intervene was given. No intervenor filed any claim.

FACTS

1. Petitioner is a citizen of FSM and a resident of Ponape State.

2. Decedent, Bumiko Peren, was also a citizen of the FSM and a resident of Ponape State. She died on or about December 25, 1981 intestate.

3. The decedent was survived by the following:

a. Francisco Peren husband

b. Fredson Peren adopted son

c. Misako Peren adopted daughter; and

d. Melpa Peren adopted daughter.

4. The decedent was also survived by other relatives.

5. The asset sought to be distributed is a parcel of land known

[1 P. S. Ct. R 32]

as Tract No. 73885, situated in Enrpos, section of Madolenim Municipality.

6. The petitioner requests this Court to enter an Order declaring petitioner Fredson Peren and his adopted sister, Misako Peren, as successors to the land complained of, that Fredson Peren, the husband of the decedent, be given a life estate in the property.

CONCLUSION OF LAW

[1-2] The law of decent is covered under the Ponape Intestate Succession Act of 1977 (D.L. 4L-155-78) discussed in the case (In the Matter of the Estate of Sosten Kulian, H.C. CA No. 5483), decided on August 28, 1984. The petition here, requests application of the law with some modifications, which in effect will deny the right of one of the heirs entitled to (Ownership) pursuant to the Ponape Intestate Succession Act, supra. Without a family agreement to the contrary, the Court feels it is to the best interest of all the heirs of the First Class to enjoy the rights and privileges granted to them under the Ponape Intestate Succession Act.

Accordingly, it is ORDERED, ADJUDGED, and DECREED as follows:


	POHNPEI SUPREME COURT REPORTS VOL. 1 [1 P. S. Ct. R 30] IN THE MATTER OF THE ESTATE OF BUMIKO PEREN, Decedent FREDSON PEREN, Petitioner Ponape Civil Action No. 6-84 Ponape State Court September 5, 1984 Petition for the appointment of petitioner and his sister, adopted children of intestate, as successors to the land of the intestate and for an order granting the husband of the intestate a life estate in the property. Intestate had one other adopted daughter. The Ponape State Court, EDWEL H. SANTOS, Chief Justice, appointing the petitioner administrator of the property, held that without a family agreement to the contrary the Court felt it was in the best interest of all the heirs of the First Class to enjoy the rights and privileges granted to them under the Pohnpei Intestate Succession Act. 1. Domestic Relations - Succession to Intestate's Property - Family Agreements Without a family agreement to the contrary, the Court feels it is to the best interest of all the heirs of the First Class to enjoy the rights and privileges granted to them under the Ponape Intestate Succession Act. 2. Domestic Relations - Succession to Intestate's Property, - Family Agreements Where heirs of the First Class to an intestate's property enter into a family agreement affecting their interest in the property the Court may [1 P. S. Ct. R 31] modify the application of the Ponape Intestate Succession Act to give effect to the agreement. Counsel for Petitioner: Micronesian Legal Services Corporation EDWEL H. SANTOS, Chief Justice This matter was filed with the Trust Territory High Court in a sworn petition of petitioner Fredson Peren on February 16, 1984. Public notice inviting interested parties in the matter to intervene was given. No intervenor filed any claim. FACTS 1. Petitioner is a citizen of FSM and a resident of Ponape State. 2. Decedent, Bumiko Peren, was also a citizen of the FSM and a resident of Ponape State. She died on or about December 25, 1981 intestate. 3. The decedent was survived by the following: a. Francisco Peren husband b. Fredson Peren adopted son c. Misako Peren adopted daughter; and d. Melpa Peren adopted daughter. 4. The decedent was also survived by other relatives. 5. The asset sought to be distributed is a parcel of land known [1 P. S. Ct. R 32] as Tract No. 73885, situated in Enrpos, section of Madolenim Municipality. 6. The petitioner requests this Court to enter an Order declaring petitioner Fredson Peren and his adopted sister, Misako Peren, as successors to the land complained of, that Fredson Peren, the husband of the decedent, be given a life estate in the property. CONCLUSION OF LAW [1-2] The law of decent is covered under the Ponape Intestate Succession Act of 1977 (D.L. 4L-155-78) discussed in the case (In the Matter of the Estate of Sosten Kulian, H.C. CA No. 5483), decided on August 28, 1984. The petition here, requests application of the law with some modifications, which in effect will deny the right of one of the heirs entitled to (Ownership) pursuant to the Ponape Intestate Succession Act, supra. Without a family agreement to the contrary, the Court feels it is to the best interest of all the heirs of the First Class to enjoy the rights and privileges granted to them under the Ponape Intestate Succession Act. Accordingly, it is ORDERED, ADJUDGED, and DECREED as follows: