In the matter of the Estate of Eluel

POHNPEI SUPREME COURT REPORTS

VOL. 1

[1 P. S. Ct. R 35]

IN THE MATTER OF THE

ESTATE OF MIKEL ELUEL

Deceased

JOSEPHA E. PELEP,

Petitioner

Ponape Civil Action No. 112-84

Ponape State Court

September 14, 1984

Petition for the appointment of administratrix to the estate of intestate and for an order of distribution. The Ponape State Court, EDWEL H. SANTOS, Chief Justice, granted the petition.

1. Intestacy - Distribution of Intestate's Property - Governing Law

Where decedent died on June 26, 1984, intestate, the distribution of his assets constituting his real and personal properties is governed by Ponape District (State) Law No. 4L-155-78.

2. Intestacy - Distribution of Intestate's Property -Agreement by Heirs

Where a family agreement is executed by and among the heirs of the First Class in relation to the distribution of the assets of the decedent's estate the Court may give effect to such agreement.

3. Administration - Debts of Decedent

The administratrix is responsible for the payment of any debts owed by the decedent.

Counsel for Petitioner: Ander Norman of the Micronesian Legal Services Corporation.

[1 P. S. Ct. R 36]

EDWEL H. SANTOS, Chief Justice,

FACTS

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

2. The decedent, Mike[ Eluel, was a citizen and a resident of Ponape. The decedent died on June 26, 1984, intestate.

3. The decedent is survived by the following heirs in the First Class.

a. Ernesta P. Eluel, wife;

b. Josepha, E. Pelep, daughter; and

c. Melida E. Pelep daughter.

4. The decedent is also survived by other relatives in the Second Class.

5. The decedent left an estate which constitute both real and personal properties.

6. The petition cites and was verified at the hearing that a family agreement was executed by and among the heirs of the First Class in relation to the distribution of the assets of the decedent's estate. In addition, the petitioner requests that she be appointed administratrix of the estate of the decedent, and that she be responsible for the administra-

[1 P. S. Ct. R 37]

tion and distribution of the estate, including the payment of any debt owed by the decedent.

CONCLUSION OF LAW

[1 ] The distribution of the assets of an estate of this nature is governed by Ponape District (State) Law No. 4L-15578. The family agreement stated in the petition is a recital of the Ponape intestate law, supra.

[2-3] It is the opinion of the Court that the petitioner is fit and proper to be designated as administratrix. Accordingly, it is ORDERED, ADJUDGED, and DECREED as follows:

1. Josepha E. Pelep, the petitioner, is hereby appointed the administratrix of the estate of Mikel Eluel, deceased. As administratrix of the estate, Josepha Pelep is authorized to administer the estate, distribute the assets of the estate according to the family agreement above referred to and in accordance with Ponape District (State) Law No. 4L-155-78, including receiving and cashing any checks, drafts or other commercial papers made payable to the order of Mikel Eluel, the decedent; and otherwise appropri-

[1 P. S. Ct. R 38]

ate the assets of the subject estate according to applicable laws and customs.

2. Any dispute by any heir or creditor regarding the administration or distribution of the assets of the estate by the administratrix may be brought to this Court by motion for resolution.

3. The administratrix is responsible for payment of any debts owed by the decedent.


	POHNPEI SUPREME COURT REPORTS VOL. 1 [1 P. S. Ct. R 35] IN THE MATTER OF THE ESTATE OF MIKEL ELUEL Deceased JOSEPHA E. PELEP, Petitioner Ponape Civil Action No. 112-84 Ponape State Court September 14, 1984 Petition for the appointment of administratrix to the estate of intestate and for an order of distribution. The Ponape State Court, EDWEL H. SANTOS, Chief Justice, granted the petition. 1. Intestacy - Distribution of Intestate's Property - Governing Law Where decedent died on June 26, 1984, intestate, the distribution of his assets constituting his real and personal properties is governed by Ponape District (State) Law No. 4L-155-78. 2. Intestacy - Distribution of Intestate's Property -Agreement by Heirs Where a family agreement is executed by and among the heirs of the First Class in relation to the distribution of the assets of the decedent's estate the Court may give effect to such agreement. 3. Administration - Debts of Decedent The administratrix is responsible for the payment of any debts owed by the decedent. Counsel for Petitioner: Ander Norman of the Micronesian Legal Services Corporation. [1 P. S. Ct. R 36] EDWEL H. SANTOS, Chief Justice, FACTS 1. Petitioner is a citizen of the FSM and a resident of Ponape. 2. The decedent, Mike[ Eluel, was a citizen and a resident of Ponape. The decedent died on June 26, 1984, intestate. 3. The decedent is survived by the following heirs in the First Class. a. Ernesta P. Eluel, wife; b. Josepha, E. Pelep, daughter; and c. Melida E. Pelep daughter. 4. The decedent is also survived by other relatives in the Second Class. 5. The decedent left an estate which constitute both real and personal properties. 6. The petition cites and was verified at the hearing that a family agreement was executed by and among the heirs of the First Class in relation to the distribution of the assets of the decedent's estate. In addition, the petitioner requests that she be appointed administratrix of the estate of the decedent, and that she be responsible for the administra- [1 P. S. Ct. R 37] tion and distribution of the estate, including the payment of any debt owed by the decedent. CONCLUSION OF LAW [1 ] The distribution of the assets of an estate of this nature is governed by Ponape District (State) Law No. 4L-15578. The family agreement stated in the petition is a recital of the Ponape intestate law, supra. [2-3] It is the opinion of the Court that the petitioner is fit and proper to be designated as administratrix. Accordingly, it is ORDERED, ADJUDGED, and DECREED as follows: 1. Josepha E. Pelep, the petitioner, is hereby appointed the administratrix of the estate of Mikel Eluel, deceased. As administratrix of the estate, Josepha Pelep is authorized to administer the estate, distribute the assets of the estate according to the family agreement above referred to and in accordance with Ponape District (State) Law No. 4L-155-78, including receiving and cashing any checks, drafts or other commercial papers made payable to the order of Mikel Eluel, the decedent; and otherwise appropri- [1 P. S. Ct. R 38] ate the assets of the subject estate according to applicable laws and customs. 2. Any dispute by any heir or creditor regarding the administration or distribution of the assets of the estate by the administratrix may be brought to this Court by motion for resolution. 3. The administratrix is responsible for payment of any debts owed by the decedent.