In the matter of the Estate of Sikai(1989)

POHNPEI LAW REPORTS

VOL.3

[3A PN.L.R.569]

IN THE MATTER OF THE ESTATE OF

SIKAI AGRIPA,

Deceased,

ANAKO AGRIPA,

Petitioner

Pohnpei Civil Action No. 152-89

Trial Division of the Pohnpei Supreme Court

August 14, 1989

Petition by the surviving spouse of a deceased intestate for the distribution of the estate of the deceased, the confirmation of customary adoption of children by the petitioner and the deceased and for change of name. The Trial Division of the Pohnpei Supreme Court, JUDAH C. JOHNNY, Associate Justice, granting the petition, held that ordinarily the distribution of the proceeds of estates of intestates was made according to the Intestate Succession Act of 1977, D. L. 4L-155-78, but where the survivors and heirs of the decedent had agreed to settle their benefits mutually and by their own consents, distribution of the decedent's estate shall be in accordance with their agreement.

Intestacy- Intestate Succession - Distribution of Intestate's Estate- Family Agreement

Ordinarily, the distribution of an intestate's estate shall be in accordance with the Intestate Succession Act, D.L. 4L-155-78, but where the survivors and heirs of the intestate agree to settle their benefits mutually, the distribution of the estate shall be made in accordance with their agreement.

Practice Note

For Court statistics purposes and in conformity with the established practice of the Court separate actions shall be brought in cases of adoption, confirmation of customary adoption and distribution of the

[3A PN.L.R.570]

estates of decedents, unless otherwise directed or authorized by the Court.

Counsel for Petitioner: Stephen Skipton, Esq.

Micronesian Legal Services Corporation

Kolonia, Pohnpei 96941

JUDAH C. JOHNNY, Associate Justice

This matter was heard before me on August 9, 1989, in the Trial Division of the Pohnpei Supreme Court in Kolonia, the State of Pohnpei. The petitioner, with counsel Stephen R. Skipton of Micronesian Legal Services Corporation, was in court accompanied by a few of the children of the petitioner.

At the outset the Court notes that the pleadings create an unusual situation to this Court. Ordinarily, cases that are brought beforethis Court seeking relief in adoption, confirmation of customary adoption and the distribution of the estates of decedents are filed in separate actions, and they are treated separately. Because of this the statistical recording system of this Court had been devised to separate cases that are brought in these respective categories. This case is unique in that the petitioner seeks three different reliefs in one action, to wit distribution of estate, confirma-

[3A PN.L.R.571]

tion of adoption and change of name. While I shall proceed to hear and determine the nature of the relief sought here, it is my suggestion that in future cases matters are brought in conformity with the established system of recording in this Court, unless otherwise directed or authorized by the Court.

The records and representation of parties established these facts: The petitioner, Anako Agripa, and Sikai Agripa were legally married until the death of Sikai Agripa on May 10, 1989. During their marriage, six children were born to them, namely Albert Agripa, Nelsin Agripa, OIterAgripa, RitaAgripa, JustinoAgripaand Merina Agripa. They jointly, under Pohnpei custom, adopted three children namely, Rosemine Salihk, Paulus Agripa and Nelson Agripa. All of these persons survive their father Sikai Agripa. All are citizens of the Federated States of Micronesia, residents of the State of Pohnpei. There are affidavits on file from the parents of the adopted children, all of which confirm that their children, named herein, were adopted by the petitioner and her husband Sikai Agripa.

Sikai Agripa died and left an estate consisting of a parcel of land located in Pahlap, U Municipality, the State of Pohnpei,

[3A PN.L.R.572]

described as Tract No. 71733 and the proceeds of a life insurance policy in the principal amount of $11,000.00 more or less. Sikai Agripa died intestate.

Surviving beneficiaries of Sikai Agripa who are the petitioner, Anako Agripa, and all their children natural and adopted, filed with this Court a family settlement agreement in which they agreed that,

"1. The land located in Pahlap Section, U Municipality, State of Pohnpei, designated as Tract No. 71773 should be awarded to Anako Agripa.

2. The proceeds of the life insurance policy held by Sikai Agripa as an employee of the State of Pohnpei in the approximate amount of $11,000.00 should be divided into 10 equal shares for each of us named below as signatories to this agreement."

The ten (10) persons that signed the agreement are Anako Agripa and all her children.

Ordinarily the distribution of proceeds of estates of persons who die intestate is made in accordance with the Intestate Succession Act of 1977, DL No. 4L-155-78. However, in this case, because the survivors and heirs of Sikai Agripa have agreed to settle their benefits mutually and by their own consents, the

[3A PN.L.R.573]

distribution of this estate shall be made in accordance with their agreement.

Accordingly, it is Ordered, Adjudged and Decreed:

1. The customary adoption of Rosemine Salihk, Paulus Agripa and Nelson Agripa is hereby confirmed.

2. The family name of Rosemine Salihk shall be changed from Salihk to Agripa in conformity with the adoption, so that she shall hereafter be known and referred to as Rosemine Agripa.

3. The distribution of the estate of Sikai Agripa (namely the land designated as Tract No. 71773 in Pahlap Section, U Municipality, Pohnpei State, and the proceeds of his life insurance policy approximately $11,000.00) shall be in accordance with the settlement agreement quoted above.

4. The Clerk of Courts is authorized to make the proper changes to the name of Rosemine Agripa in accordance with the usual practice.

5. This Decree shall become final after the period of appeal has expired without an appeal being filed or until any appeal taken shall have been finally disposed of.


	POHNPEI LAW REPORTS VOL.3 [3A PN.L.R.569] IN THE MATTER OF THE ESTATE OF SIKAI AGRIPA, Deceased, ANAKO AGRIPA, Petitioner Pohnpei Civil Action No. 152-89 Trial Division of the Pohnpei Supreme Court August 14, 1989 Petition by the surviving spouse of a deceased intestate for the distribution of the estate of the deceased, the confirmation of customary adoption of children by the petitioner and the deceased and for change of name. The Trial Division of the Pohnpei Supreme Court, JUDAH C. JOHNNY, Associate Justice, granting the petition, held that ordinarily the distribution of the proceeds of estates of intestates was made according to the Intestate Succession Act of 1977, D. L. 4L-155-78, but where the survivors and heirs of the decedent had agreed to settle their benefits mutually and by their own consents, distribution of the decedent's estate shall be in accordance with their agreement. Intestacy- Intestate Succession - Distribution of Intestate's Estate- Family Agreement Ordinarily, the distribution of an intestate's estate shall be in accordance with the Intestate Succession Act, D.L. 4L-155-78, but where the survivors and heirs of the intestate agree to settle their benefits mutually, the distribution of the estate shall be made in accordance with their agreement. Practice Note For Court statistics purposes and in conformity with the established practice of the Court separate actions shall be brought in cases of adoption, confirmation of customary adoption and distribution of the [3A PN.L.R.570] estates of decedents, unless otherwise directed or authorized by the Court. Counsel for Petitioner: Stephen Skipton, Esq. Micronesian Legal Services Corporation Kolonia, Pohnpei 96941 JUDAH C. JOHNNY, Associate Justice This matter was heard before me on August 9, 1989, in the Trial Division of the Pohnpei Supreme Court in Kolonia, the State of Pohnpei. The petitioner, with counsel Stephen R. Skipton of Micronesian Legal Services Corporation, was in court accompanied by a few of the children of the petitioner. At the outset the Court notes that the pleadings create an unusual situation to this Court. Ordinarily, cases that are brought beforethis Court seeking relief in adoption, confirmation of customary adoption and the distribution of the estates of decedents are filed in separate actions, and they are treated separately. Because of this the statistical recording system of this Court had been devised to separate cases that are brought in these respective categories. This case is unique in that the petitioner seeks three different reliefs in one action, to wit distribution of estate, confirma- [3A PN.L.R.571] tion of adoption and change of name. While I shall proceed to hear and determine the nature of the relief sought here, it is my suggestion that in future cases matters are brought in conformity with the established system of recording in this Court, unless otherwise directed or authorized by the Court. The records and representation of parties established these facts: The petitioner, Anako Agripa, and Sikai Agripa were legally married until the death of Sikai Agripa on May 10, 1989. During their marriage, six children were born to them, namely Albert Agripa, Nelsin Agripa, OIterAgripa, RitaAgripa, JustinoAgripaand Merina Agripa. They jointly, under Pohnpei custom, adopted three children namely, Rosemine Salihk, Paulus Agripa and Nelson Agripa. All of these persons survive their father Sikai Agripa. All are citizens of the Federated States of Micronesia, residents of the State of Pohnpei. There are affidavits on file from the parents of the adopted children, all of which confirm that their children, named herein, were adopted by the petitioner and her husband Sikai Agripa. Sikai Agripa died and left an estate consisting of a parcel of land located in Pahlap, U Municipality, the State of Pohnpei, [3A PN.L.R.572] described as Tract No. 71733 and the proceeds of a life insurance policy in the principal amount of $11,000.00 more or less. Sikai Agripa died intestate. Surviving beneficiaries of Sikai Agripa who are the petitioner, Anako Agripa, and all their children natural and adopted, filed with this Court a family settlement agreement in which they agreed that, "1. The land located in Pahlap Section, U Municipality, State of Pohnpei, designated as Tract No. 71773 should be awarded to Anako Agripa. 2. The proceeds of the life insurance policy held by Sikai Agripa as an employee of the State of Pohnpei in the approximate amount of $11,000.00 should be divided into 10 equal shares for each of us named below as signatories to this agreement." The ten (10) persons that signed the agreement are Anako Agripa and all her children. Ordinarily the distribution of proceeds of estates of persons who die intestate is made in accordance with the Intestate Succession Act of 1977, DL No. 4L-155-78. However, in this case, because the survivors and heirs of Sikai Agripa have agreed to settle their benefits mutually and by their own consents, the [3A PN.L.R.573] distribution of this estate shall be made in accordance with their agreement. Accordingly, it is Ordered, Adjudged and Decreed: 1. The customary adoption of Rosemine Salihk, Paulus Agripa and Nelson Agripa is hereby confirmed. 2. The family name of Rosemine Salihk shall be changed from Salihk to Agripa in conformity with the adoption, so that she shall hereafter be known and referred to as Rosemine Agripa. 3. The distribution of the estate of Sikai Agripa (namely the land designated as Tract No. 71773 in Pahlap Section, U Municipality, Pohnpei State, and the proceeds of his life insurance policy approximately $11,000.00) shall be in accordance with the settlement agreement quoted above. 4. The Clerk of Courts is authorized to make the proper changes to the name of Rosemine Agripa in accordance with the usual practice. 5. This Decree shall become final after the period of appeal has expired without an appeal being filed or until any appeal taken shall have been finally disposed of.