In the matter of the Estate of R.David(1986)

POHNPEI SUPREME COURT REPORTS

VOL. 2

[2 P. S. Ct. R 2]

IN THE MATTER OF THE

ESTATE OF RUBEN DAVID,
Deceased,

SIHDA DAVID,

Petitioner.

Pohnpei Civil Action No. 139-85

Trial Division of the Pohnpei Supreme Court

January 7, 1986

Petition by surviving wife of intestate decedent to be appointed the administratrix of the estate of the intestate for the benefit of the issue of the intestate. The estate comprised public land to which the intestate was the rightful entryman and homesteader under Navy lease. The Trial Division of the Pohnpei Supreme Court, JUDAH C. JOHNNY, Associate Justice, in dismissing the petition and ordering that petitioner may file petition with the Land Commission, held that authority and responsibility for the determination of heir, heirs, successor or successors to the right of entryman who died intestate on or after November 12, 1980, was governed by the Public Trust Lands Act of 1980. (S.L .2L-43-80) and that Section 12 of that Act specifically delineated that authority and responsibility to the Land Commission.

1. Public Trust Lands - Homesteads- Entryman - intestacy - Determination of Hairs or Successors - Governing Law

2. Public Trust Lands - Homesteads - Entryman - Intestacy - Determination of Heirs or Successors

The Public Trust Lands Act of 1980 specifically delineates the authority and responsibility to the Land Commission to determine the heir, heirs, successor or successors to the right of entryman of public land who dies intestate on or after November 12, 1980. (S.L. 2L-43-80, Section 12).

[2 P. S. Ct. R 3]

3. Courts - Functions of Executive Branch to Determine the Heirs or Successors of Intestate Entryman of Public Trust Land

The Court will not disturb the exercise of the functions which are lawfully granted to the Executive Branch to determine the heirs or successors of an intestate entryman of public trust land.

JUDAH C. JOHNNY, Associate Justice

This matter came regularly before me on December 4,1985, in Kolonia, the State of Pohnpei. Petitioner was represented by the Micronesian Legal Services Corporation through Erwine Hadley.

FINDINGS OF FACT

1. The parcel of land described as T-72774 (020-D-08), shown on the Division of Lands and Surveys Property Manuscript Sheet No. 50 dated December 11, 1981, situated in Rohi Section of U Municipality, the State of Pohnpei, was on January 7,1873, determined to be public land, and presently remains so, with the State of Pohnpei (Public Lands Authority) as the trustee.

2. On January 7, 1983, Ruben David was determined by the Land Commission to be the rightful entryman, as the homesteader of a Navy leased land.

3. Ruben David died on May 30, 1984, intestate, leaving surviving issue.

[2 P. S. Ct. R 4]

4. Petitioner is a widow of the decedent.

CONCLUSION OF LAW

Petitioner brings this matter to be appointed the administratrix of the estate of the intestate for the benefit of the issue of the intestate, naming land parcel T-72774 as the estate of them decedent.

The authority and responsibility for the determination of heir, heirs, successor or successors to the right of entryman who died intestate on or after November 12,1980, is governed by the Public Trust Lands Act of 1980. (S.L.2L-43-89). Section 12 of that Act specifically delineates that authority and responsibility to the Land Commission. Section 5 supra provides for certain administrative ministerial procedures to be performed by the Commission and the Public Lands Authority in such determination. This Court has held that it will not disturb the exercise of those functions which are lawfully granted to the executive branch. See In the Matter of the Estate of Duruko Lingati, PCA 156-85, and In the Matter of the Estate of Mersiner Alpet, PCA-70-85.

Accordingly, It Is Ordered that this matter be and the same is hereby dismissed.


	POHNPEI SUPREME COURT REPORTS VOL. 2 [2 P. S. Ct. R 2] IN THE MATTER OF THE ESTATE OF RUBEN DAVID, Deceased, SIHDA DAVID, Petitioner. Pohnpei Civil Action No. 139-85 Trial Division of the Pohnpei Supreme Court January 7, 1986 Petition by surviving wife of intestate decedent to be appointed the administratrix of the estate of the intestate for the benefit of the issue of the intestate. The estate comprised public land to which the intestate was the rightful entryman and homesteader under Navy lease. The Trial Division of the Pohnpei Supreme Court, JUDAH C. JOHNNY, Associate Justice, in dismissing the petition and ordering that petitioner may file petition with the Land Commission, held that authority and responsibility for the determination of heir, heirs, successor or successors to the right of entryman who died intestate on or after November 12, 1980, was governed by the Public Trust Lands Act of 1980. (S.L .2L-43-80) and that Section 12 of that Act specifically delineated that authority and responsibility to the Land Commission. 1. Public Trust Lands - Homesteads- Entryman - intestacy - Determination of Hairs or Successors - Governing Law The authority and responsibility for the determination of heir, heirs, successor or successors to the right of entryman who died intestate on or after November 12, 1980, is governed by the Public Trust Lands Act of 1980 ( S.L. 2L-43-80). 2. Public Trust Lands - Homesteads - Entryman - Intestacy - Determination of Heirs or Successors The Public Trust Lands Act of 1980 specifically delineates the authority and responsibility to the Land Commission to determine the heir, heirs, successor or successors to the right of entryman of public land who dies intestate on or after November 12, 1980. (S.L. 2L-43-80, Section 12). [2 P. S. Ct. R 3] 3. Courts - Functions of Executive Branch to Determine the Heirs or Successors of Intestate Entryman of Public Trust Land The Court will not disturb the exercise of the functions which are lawfully granted to the Executive Branch to determine the heirs or successors of an intestate entryman of public trust land. JUDAH C. JOHNNY, Associate Justice This matter came regularly before me on December 4,1985, in Kolonia, the State of Pohnpei. Petitioner was represented by the Micronesian Legal Services Corporation through Erwine Hadley. FINDINGS OF FACT 1. The parcel of land described as T-72774 (020-D-08), shown on the Division of Lands and Surveys Property Manuscript Sheet No. 50 dated December 11, 1981, situated in Rohi Section of U Municipality, the State of Pohnpei, was on January 7,1873, determined to be public land, and presently remains so, with the State of Pohnpei (Public Lands Authority) as the trustee. 2. On January 7, 1983, Ruben David was determined by the Land Commission to be the rightful entryman, as the homesteader of a Navy leased land. 3. Ruben David died on May 30, 1984, intestate, leaving surviving issue. [2 P. S. Ct. R 4] 4. Petitioner is a widow of the decedent. CONCLUSION OF LAW Petitioner brings this matter to be appointed the administratrix of the estate of the intestate for the benefit of the issue of the intestate, naming land parcel T-72774 as the estate of them decedent. The authority and responsibility for the determination of heir, heirs, successor or successors to the right of entryman who died intestate on or after November 12,1980, is governed by the Public Trust Lands Act of 1980. (S.L.2L-43-89). Section 12 of that Act specifically delineates that authority and responsibility to the Land Commission. Section 5 supra provides for certain administrative ministerial procedures to be performed by the Commission and the Public Lands Authority in such determination. This Court has held that it will not disturb the exercise of those functions which are lawfully granted to the executive branch. See In the Matter of the Estate of Duruko Lingati, PCA 156-85, and In the Matter of the Estate of Mersiner Alpet, PCA-70-85. Accordingly, It Is Ordered that this matter be and the same is hereby dismissed.