In the matter of the Estate of Karel(1984)

POHNPEI SUPREME COURT REPORTS

VOL. 1

[1 P. S. Ct. R 94]

IN THE MATTER OF THE

ESTATE OF IUSHIRO KAREL,

Deceased

MASKO KAREL,

Petitioner

Pohnpei Civil Action No. 164-84

Trial Division of the Pohnpei Supreme Court

December 24, 1984.

Petition by surviving wife of intestate to be appointed the administratrix of, intestate's estate. The intestate who died on September 14, 1984, was survived by petitioner and their adopted children. The Trial Division of the Pohnpei Supreme Court, CARL KOHLER, Associate Justice, held that the governing law was the Pohnpei Intestate Succession Act of 1977 and that petitioner was a fit and proper person to be appointed the administratrix of the intestate's estate.

[1 P. S. Ct. R 95]

1. In estate Succession - Government Law.

Where decedent died intestate on September 14, 1984, the law governing succession to his estate is the Pohnpei Intestate Succession Act of 1977.

2. Administration

Where decedent dies intestate leaving a wife and adopted children the wife is a fit and proper person to be appointed administratrix of the intestate's estate.

Counsel for Petitioner: Micronesian Legal Services Corporation

CARL KOHLER, Associate Justice

This matter was heard by me on December 24, 1984.

FACTS

1. lushiro Karel died interstate on September 14, 1984.

2. A petition of probate was filed with the Pohnpei State Supreme Court on November 27, 1984.

3. Notice of the petition was issued according to the established practice of the Court and no adverse claimant filed any claim against the estate.

4. The decedent, lushiro Karel, was survived by the following heirs:

[1 P. S. Ct. R 96]

a. Masko Karel wife

b. Resibel Karel adopted daughter

c. Aron Karel adopted son

d. Mocky Anna Jano adopted daughter

e. MDson David adopted son

The assets of the estate of the decedent are as follows:

a. KCCA shares account No. 1176 in the amount of $153.12;

b. Savings Account No. 0290-010093 in the amount of $158.67 at the Bank of Guam;

c. Pay check No. 26716 in the amount of $ 380.79;

d. Kolonia Town Lease, Parcel No. 020-A-39.

6. In accordance with the Ponape Interstate Succession Act of 1977, the Court has found that the petitioner is a fit and proper person to be appointed as the administratrix of the decedent's estate.

WHEREFORE, It is hereby Ordered, Adjudged and Decreed as follows:

[1 P. S. Ct. R 97]

1. KCCA shall insert petitioner's name as owner of the shares formerly owned by the deceased, lushiro Karel.

2. Petitioner is hereby authorized to cash any check issued in the name of the decedent, lushiro Karel.

3. Ponape State Land Authority is to insert petitioner's name as the lease-holder of the Kolonia Town Lease formerly held by decedent, lushiro Karel.

4. Bank of Guam is to insert petitioner's name on the savings account formerly owned by the deceased, lushiro Karel;


	POHNPEI SUPREME COURT REPORTS VOL. 1 [1 P. S. Ct. R 94] IN THE MATTER OF THE ESTATE OF IUSHIRO KAREL, Deceased MASKO KAREL, Petitioner Pohnpei Civil Action No. 164-84 Trial Division of the Pohnpei Supreme Court December 24, 1984. Petition by surviving wife of intestate to be appointed the administratrix of, intestate's estate. The intestate who died on September 14, 1984, was survived by petitioner and their adopted children. The Trial Division of the Pohnpei Supreme Court, CARL KOHLER, Associate Justice, held that the governing law was the Pohnpei Intestate Succession Act of 1977 and that petitioner was a fit and proper person to be appointed the administratrix of the intestate's estate. [1 P. S. Ct. R 95] 1. In estate Succession - Government Law. Where decedent died intestate on September 14, 1984, the law governing succession to his estate is the Pohnpei Intestate Succession Act of 1977. 2. Administration Where decedent dies intestate leaving a wife and adopted children the wife is a fit and proper person to be appointed administratrix of the intestate's estate. Counsel for Petitioner: Micronesian Legal Services Corporation CARL KOHLER, Associate Justice This matter was heard by me on December 24, 1984. FACTS 1. lushiro Karel died interstate on September 14, 1984. 2. A petition of probate was filed with the Pohnpei State Supreme Court on November 27, 1984. 3. Notice of the petition was issued according to the established practice of the Court and no adverse claimant filed any claim against the estate. 4. The decedent, lushiro Karel, was survived by the following heirs: [1 P. S. Ct. R 96] a. Masko Karel wife b. Resibel Karel adopted daughter c. Aron Karel adopted son d. Mocky Anna Jano adopted daughter e. MDson David adopted son The assets of the estate of the decedent are as follows: a. KCCA shares account No. 1176 in the amount of $153.12; b. Savings Account No. 0290-010093 in the amount of $158.67 at the Bank of Guam; c. Pay check No. 26716 in the amount of $ 380.79; d. Kolonia Town Lease, Parcel No. 020-A-39. 6. In accordance with the Ponape Interstate Succession Act of 1977, the Court has found that the petitioner is a fit and proper person to be appointed as the administratrix of the decedent's estate. WHEREFORE, It is hereby Ordered, Adjudged and Decreed as follows: [1 P. S. Ct. R 97] 1. KCCA shall insert petitioner's name as owner of the shares formerly owned by the deceased, lushiro Karel. 2. Petitioner is hereby authorized to cash any check issued in the name of the decedent, lushiro Karel. 3. Ponape State Land Authority is to insert petitioner's name as the lease-holder of the Kolonia Town Lease formerly held by decedent, lushiro Karel. 4. Bank of Guam is to insert petitioner's name on the savings account formerly owned by the deceased, lushiro Karel;