In the matter of the Estate of Maxin(1989)

POHNPEI LAW REPORTS

VOL.3A

[3A PN.L.R.564]

IN THE MATTER OF THE ESTATE OF

MAXIN MAXIN,

Deceased

MARIA MAXIN,

Petitioner

Pohnpei Civil Action No. 167-89

Trial Division of the Pohnpei Supreme Court

August 10, 1989

Petition by the surviving spouse of a deceased intestate for appointment as administratrix of the estate of the decedent. She waived appointment and sought leave of the Court to have her eldest daughter instead be so appointed. The petitioner was lawfully married to another but had been separated and severed their marriage relationship for approximately twenty years. Like the petitioner, that person to whom she was married had since remarried and lived his separate life.

The Trial Division of the Pohnpei Supreme Court, JUDAH C. JOHNNY. Associate Justice, granting the petition, held that though the petitioner did not obtain a legal divorce from her earlier marriage before entering into a form of marriage relationship with the decedent; (1) considering the impact of the relationship on the petitioner and the issue of the decedent and the people of Pohnpei justice required that by showing to the whole world that they had lost the mutual love and affection toward each other and that she and her legal husband intended to sever all their matrimonial rights and duties through their subsequent purported "marriage" to another person for many years, they should not be denied the right of the fruit of their love of another person; (2) that considering the gravamen of the relationship between the petitioner and the decedent as husband and wife to the petitioner and her children and the people of the State justice required that the petition be granted; and (3) that the petitioner was entitled to the spouse's share of 1/3 of the intestate's assets and the children to take 2/3 to be divided equally among them.

[3A PN.L.R.565]

1. Domestic Relations - Husband and Wife

Where a husband and a wife each has shown to the world that they intend to sever all matrimonial rights and duties they once had through their subsequent "marriage" to another person for many years, and this is known to their communities, families and children, no justice would be served to force them together if they have lost the mutual love and affection toward each other, and no justice would be served if the Court would deny them the right of the fruit of their love of another person.

2. Intestacy - Intestate Succession - Surviving Spouse

Where husband and wife separate and show an intention to sever their marriage relationship, but not having legally divorced each enters into a form of marriage with another person for many years and this is known to the whole world (their communities, families and children) the woman as the survivor of the other man may be treated as his surviving spouse forthe purpose of inheriting the surviving spouse's share of 1/3 of the decedent's personal property under the Intestacy Law.

Counsel for Petitioner: None

JUDAH C. JOHNNY, Associate Justice

The petition of Maria Maxin came on for hearing before me in the Trial Division of the Pohnpei Supreme Court, Kolonia, Pohnpei, August 9, 1989.

Present were the petitioner, Maria Maxin, and her eldest daughter, Roseadelihna Maxin.

[3A PN.L.R.566]

Records on file and representation made at this hearing show that Maria Maxin and Maxin Maxin sometime in 1960 were married in recognized. Pohnpeian custom. Maxin Maxin died of natural causes on May 12, 1989. He died intestate. During their union in marriage, three children were born to them, namely Roseadelihna Maxin, daughter, born April 17,1962, Roseapelihna Maxin, daughter, born May 8, 1963, and Joseph Maxin, son, born June 3, 1971. Jointly, they adopted in Pohnpeian custom two children, namely Luciano Maxin, son, born April 1, 1968, and Selihno Maxin, son, born August 24,1978. Selihno Maxin is a grandson of the petitioner and her deceased husband, the natural child of Reseadelihna Maxin. Neither Luciano Maxin nor Selihno Maxin was adopted by someone other than the petitioner and her deceased husband. Maria Maxin was lawfully married to a Depit Dadios and they have been separated and had severed their marriage relation for approximately twenty years. Like Maria, Depit Dadios had since been married and lived his separate life.

All parties in this matter are citizens of the Federated States of Micronesia, residents of the State of Pohnpei.

[3A PN.L.R.567]

The known assets of the decedent's estate include Mesenieng Credit Union Share #128 in face value of $2,048.30, more or less, Bank of FSM, check #8971 in the amount of $150.00, and Bank of FSM, check #9829 in the amount of $150.00

While the petitioner by her pleadings sought appointment as administratrix of the estate of her husband, she waived appointment and sought leave of the Court to appoint her eldest child Roseadelihna instead as administratrix. Because that request is consented to by Roseadelihna Maxin it must be granted.

The fact that this petitioner did not obtain legal divorce from her prior marriage to Depit Dadios may cloud her entitlement to the estate of Maxin Maxin as an heir and beneficiary in the classification of spouse, if this Court will pass on the question without ruling. This Court had held that where a husband and a wife each has shown to the world that they intend to sever all matrimonial rights and duties they once had through their subsequent marriage to another person for many years, and this is known to their communities, families and children, no justice would be served to force them together if they have lost the mutual love and affection toward

[3A PN.L.R.568]

each other, and no justice would be served if this Court would deny them the right of the fruit of their love of another person. See In the Matter of the Estate of lchiro Benjamin, PCA 17-88 (1988). This is what might happen to the petitioner and the children who are known to be the issue of the decedent in this case. Considering the gravamen of this relationship to these people and the people of this State, justice requires that the petition be granted.

Accordingly, it is ORDERED:

[2] 1. The assets of deceased Maxin Maxin valued at $2,348.30 shall be divided in accordance with the Intestate Law of this State (DL.4L-155-78) so that 1 /3 shall be awarded to the petitioner and 2/3 shall be divided equally among the children named in this matter.

2. Roseadelihna is appointed administratrix of the estate.


	POHNPEI LAW REPORTS VOL.3A [3A PN.L.R.564] IN THE MATTER OF THE ESTATE OF MAXIN MAXIN, Deceased MARIA MAXIN, Petitioner Pohnpei Civil Action No. 167-89 Trial Division of the Pohnpei Supreme Court August 10, 1989 Petition by the surviving spouse of a deceased intestate for appointment as administratrix of the estate of the decedent. She waived appointment and sought leave of the Court to have her eldest daughter instead be so appointed. The petitioner was lawfully married to another but had been separated and severed their marriage relationship for approximately twenty years. Like the petitioner, that person to whom she was married had since remarried and lived his separate life. The Trial Division of the Pohnpei Supreme Court, JUDAH C. JOHNNY. Associate Justice, granting the petition, held that though the petitioner did not obtain a legal divorce from her earlier marriage before entering into a form of marriage relationship with the decedent; (1) considering the impact of the relationship on the petitioner and the issue of the decedent and the people of Pohnpei justice required that by showing to the whole world that they had lost the mutual love and affection toward each other and that she and her legal husband intended to sever all their matrimonial rights and duties through their subsequent purported "marriage" to another person for many years, they should not be denied the right of the fruit of their love of another person; (2) that considering the gravamen of the relationship between the petitioner and the decedent as husband and wife to the petitioner and her children and the people of the State justice required that the petition be granted; and (3) that the petitioner was entitled to the spouse's share of 1/3 of the intestate's assets and the children to take 2/3 to be divided equally among them. [3A PN.L.R.565] 1. Domestic Relations - Husband and Wife Where a husband and a wife each has shown to the world that they intend to sever all matrimonial rights and duties they once had through their subsequent "marriage" to another person for many years, and this is known to their communities, families and children, no justice would be served to force them together if they have lost the mutual love and affection toward each other, and no justice would be served if the Court would deny them the right of the fruit of their love of another person. 2. Intestacy - Intestate Succession - Surviving Spouse Where husband and wife separate and show an intention to sever their marriage relationship, but not having legally divorced each enters into a form of marriage with another person for many years and this is known to the whole world (their communities, families and children) the woman as the survivor of the other man may be treated as his surviving spouse forthe purpose of inheriting the surviving spouse's share of 1/3 of the decedent's personal property under the Intestacy Law. Counsel for Petitioner: None JUDAH C. JOHNNY, Associate Justice The petition of Maria Maxin came on for hearing before me in the Trial Division of the Pohnpei Supreme Court, Kolonia, Pohnpei, August 9, 1989. Present were the petitioner, Maria Maxin, and her eldest daughter, Roseadelihna Maxin. [3A PN.L.R.566] Records on file and representation made at this hearing show that Maria Maxin and Maxin Maxin sometime in 1960 were married in recognized. Pohnpeian custom. Maxin Maxin died of natural causes on May 12, 1989. He died intestate. During their union in marriage, three children were born to them, namely Roseadelihna Maxin, daughter, born April 17,1962, Roseapelihna Maxin, daughter, born May 8, 1963, and Joseph Maxin, son, born June 3, 1971. Jointly, they adopted in Pohnpeian custom two children, namely Luciano Maxin, son, born April 1, 1968, and Selihno Maxin, son, born August 24,1978. Selihno Maxin is a grandson of the petitioner and her deceased husband, the natural child of Reseadelihna Maxin. Neither Luciano Maxin nor Selihno Maxin was adopted by someone other than the petitioner and her deceased husband. Maria Maxin was lawfully married to a Depit Dadios and they have been separated and had severed their marriage relation for approximately twenty years. Like Maria, Depit Dadios had since been married and lived his separate life. All parties in this matter are citizens of the Federated States of Micronesia, residents of the State of Pohnpei. [3A PN.L.R.567] The known assets of the decedent's estate include Mesenieng Credit Union Share #128 in face value of $2,048.30, more or less, Bank of FSM, check #8971 in the amount of $150.00, and Bank of FSM, check #9829 in the amount of $150.00 While the petitioner by her pleadings sought appointment as administratrix of the estate of her husband, she waived appointment and sought leave of the Court to appoint her eldest child Roseadelihna instead as administratrix. Because that request is consented to by Roseadelihna Maxin it must be granted. The fact that this petitioner did not obtain legal divorce from her prior marriage to Depit Dadios may cloud her entitlement to the estate of Maxin Maxin as an heir and beneficiary in the classification of spouse, if this Court will pass on the question without ruling. This Court had held that where a husband and a wife each has shown to the world that they intend to sever all matrimonial rights and duties they once had through their subsequent marriage to another person for many years, and this is known to their communities, families and children, no justice would be served to force them together if they have lost the mutual love and affection toward [3A PN.L.R.568] each other, and no justice would be served if this Court would deny them the right of the fruit of their love of another person. See In the Matter of the Estate of lchiro Benjamin, PCA 17-88 (1988). This is what might happen to the petitioner and the children who are known to be the issue of the decedent in this case. Considering the gravamen of this relationship to these people and the people of this State, justice requires that the petition be granted. Accordingly, it is ORDERED: [2] 1. The assets of deceased Maxin Maxin valued at $2,348.30 shall be divided in accordance with the Intestate Law of this State (DL.4L-155-78) so that 1 /3 shall be awarded to the petitioner and 2/3 shall be divided equally among the children named in this matter. 2. Roseadelihna is appointed administratrix of the estate.