Estate of Relio Yamada

POHNPEI LAW REPORTS

VOL. 3

[2 PN.L.R. 399]

IN THE MATTER OF THE

ESTATE OF RELIO YAMADA,

Deceased

MARIA L. YAMADA,

Petitioner

Pohnpei Civil Action No. 27-89

Trial Division of the Pohnpei Supreme Court

March 20, 1989

Petition by the surviving spouse of an intestate to be appointed administratrix of his estate. The eldest brother of the decedent filed a statement urging the Court to appoint her as such but to require her to administer the estate (real and personal) for the benefit and on behalf of all the decedent's children by his first wife (deceased), by the petitioner, and a daughter born to him by another woman out of wedlock whom the decedant had accepted into his family as a legitimate child.

The Trial Division of the Pohnpei Supreme Court, EDWEL H. SANTOS, Chief Justice, granting the petition, held:

(1) that the Court would apply the provisions of Title 13 of the Trust Territory Code, Chapter 2, received as part of the law of Pohnpei on probate matters, in appropriate cases in probate and administration of the estates of deceased persons;

(2) that notwithstanding that the value of personal property involved in the decedent's estate exceeded the statutory limit of one thousand dollars as provided in Title 13 of the Trust Territory Code, Chapter 2, the Court still had jurisdiction over the matter pursuant to the authority granted to it under Article 10, Section 4 (2) of the Constitution of Pohnpei and Section 20 of S.L. 2L-160-82;

(3) that under 13 TTC 53 the petitioner being the surviving spouse of the decedent was within the classes of persons with capacity to request the Court to issue an order transferring to her the personal property (including, but not limited to cash, bank or other accounts, wages, salary due, shares of stock or other interest in any business enterprise, and goods and

[2 PN.L.R. 400]

chattels of any nature of a total value not exceeding one thousand dollars, and known debts, if any, of less than that amount) of the decedent;

(4) that the distribution of the assets of the estate of the intestate was governed by S.L. 4L-155-78, Section 3 (1);

(5) that the adopted child of the intestate be accorded the same status as a natural child, and was entitled to an equal, undivided share of the decedent's estate; (S.L. 4L-155-78);

(6) that the legitimatizing by Pohnpeian common law of the intestate's daughter born out of marital union entitled that child to benefit from the provisions of the Intestacy Law as the other children of the intestate;

(7) that the application in the instant case of Pohnpeian common law relating to the legitimatization of a child born out of a marital union and the sharing of the intestate's estate did not offend the intent of the Intestacy Act;

(8) and that the administratrix had a duty to pay any undisputed claims against the estate of the intestate before any distribution was made of the estate.

1. Administration - Governing Law

The Court would apply the provisions of Title 13 of the Trust Territory Code, Chapter 2, received as part of the law of Pohnpei on probate matters, in appropriate cases in probate and administration.

2. Administration - Settlement of Decedent's Personalty - Governing Law

Notwithstanding that the value of personal property involved in a decedent's estate exceeds the statutory limit of one thousand dollars as provided in Title 13 of the Trust Territory Code, Chapter 2, the Court has jurisdiction over a petition for the transfer of a decedent's personal property to beneficiaries and creditors pursuant to the authority granted to it under Article 10, Section 4 (2) of the Constitution of Pohnpei and Section 20 of S.L. 2L-160-82.

[2 PN.L.R. 401]

3. Administration - Settlement of Decedent's Personalty - Surviving Spouse

The surviving spouse of a decedent is competent to request the Court to issue an order transferring to her the personal property (including but not limited to cash, bank or other accounts, wages or salary due, shares of stock or other interest in any business enterprise, and goods and chattels of any nature, of a total value not exceeding one thousand dollars, and known debts, if any, of less than that amount) of the decedent.

4. Intestacy - Intestate Succession - Distribution of Intestate's Property

"The real and personal property of an intestate shall devolve in equal, undivided shares to all members of the first class enumerated in this Section in which there is at least one living member at the time of the death of the intestate. The classes of intestate succession are as follows:

(1) To the children of the intestate;

(2) If there be none, to the parents of the intestate;

(3) If there be none, to the grandparents of the intestate;

(4) If there be none, to the great grandparents of the intestate;

(5) And so forth, ad infinitum, in accordance with the provisions of this act." (D.L. 4L-155-78, Section 3(1).

5. Intestacy - Intestate Succession - Distribution of Intestate's Property - Surviving Spouse

The surviving spouse of an intestate is entitled to receive one-third of all personal property of the intestate, and a life estate in all real property of the intestate, so however that she may not assign, sell or transfer such life estate. (D.L. 4L-155-78, Section 5)

[2 PN.L.R. 402]

6. Intestacy - Intestate Succession - Distribution of Intestate's Property - Adopted Child

An adopted child of an intestate is accorded the same status as a natural child and is entitled to an equal, undivided share of the decedent's estate as is a natural child.

7. Domestic Relations - Children Born Out of Marital Union

A child whose mother is not legally married to the father does not acquire the same status as the legitimate children of the father, but under Pohnpeian common law a child born out of a marital union is legitimatized if the putative father of that child is later married to the mother of the child, or receives and accepts the child into his family as his own child.

8. Intestacy -Intestate Succession - Distribution of Intestate's Property - Children Born Out of Marital Union

A child of an intestate whose mother was not legally married to the intestate is not entitled to a share of the intestate's estate, unless such child was legitimatized under Pohnpeian common law and thus becomes entitled to benefit from the provisions of the Intestacy law as are the intestate's legitimate children.

9. Pohnpelan Jurisprudence - Pohnpei Common Law and Statute

The application of Pohnpeian common law relating to the legitimatization of a child born out of a marital union in order to bring the child within the provisions of the Intestacy Act for the purpose of sharing an intestate's estate does not offend the intent of the Act.

10. Administration - Administratrix - Duties

An administratrix who does not deny a claim against the estate of the intestate is under a duty to pay the creditor out of the estate

[2 PN.L.R. 403]

before any distribution is made of the estate.

EDWEL H. SANTOS, Chief Justice

The petitioner herein is the spouse of the late State Senator, the Honorable Relio I. Yamada, who met his untimely death on June 22,1988, in Honolulu, Hawaii. The decedent died intestate. The assets of the decedent's estate described in the petition includes:

a. Savings Account No. 22670, at the Bank of Hawaii, Pohnpei Branch;

b. Shares of Stock in the Kolonia Consumers Coop erative Association;

c. Life Insurance Policy with the Individual Assurance Company of Kansas City, Missouri, under the Government Group Life Insurance Program;

d. Real Property:

(i) Tract No. T-74353, at Lukop, Madolenihmw;

(ii) Tract No. T-74332, at Mesihsou, Madolenihmw;

(iii) Tract No. 74895 at Wone Kitti, held in common with his other brothers and sisters;

[2 PN.L.R. 404]

(iv) Tract No. 75155, at Pehs, Kitti, held in common with his other brothers and sisters;

(v) Kolonia Town Lease Lot 021-A-110.

The petitioner knew of no outstanding debt owing by the decedent. However, responding to the notice issued by the Court relative to this matter, Pohnpei Federation of Cooperative Association filed a claim entitled "Creditor's Claim" in the amount of $724.740.

Yasuo I. Yamada, the eldest brother of the decedent, also filed a statement urging the Court to:

(1) appoint the petitioner herein as the administratrix of the estate of the decedent and to administer said estate for the welfare of those children of the decedent and the petitioner who have not reached the age of majority; and

(2) decree that the administratrix be required to administer the decedent's estate (real and personal) for the benefit and on behalf of all of the decedent's children by the decedent's

[2 PN.L.R. 405]

first wife (deceased), by the petitioner, and by anotherwoman by whom a daughterwas born out of wedlock, a daughter whom the decedent had accepted into his family as a legitimate child.

The decedent therefore was survived by the following:

(a) Relina Yamada, daughter;

(b) Hermen Yamada, son;

(d) Riley Yamada, son;

(e) Relio Yamada, Jr., son;

(f) Darleen Yamada, daughter;

(g) Mayleen Yamada, daughter;

(h) Eva Yamada, adopted daughter;

(i) Joselynn (Yamada) Altis;

(j) Maria Yamada, the petitioner and widow of the decedent.

The decedent was also survived by his mother Luisa Y. Prens and certain other brothers and sisters, and other close relatives whose identity needs no description here.

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THE LAW GOVERNING

[1 ] 1. Title 13 of the Trust Territory Code, Chapter 2, receives as part of the law of this State on probate matters has been applied where appropriate by the Court in probate and administration of deceased persons' estates. Pertinent sections of the law are provided below for easy reference.

(1) When a decedent leaves personal property, including but not limited to cash, bank or other accounts, wages or salary due, shares of stock or other interest in any business enterprise, and goods and chattels of any nature, of a total value not exceeding one thousand dollars, and known debts, if any, of less than that amount, and the person or persons entitled to the personal property left by the decedent cannot readily obtain possession thereof, the surviving spouse, any adult child, including an adopted child, either parent, any brother or sister, the eldest brother of decedent's mother, orthe head of the lineage of the decedent may file a sworn complaint in the trial division of the Pohnpei Supreme Court, or if the total value of the personal property does not exceed one hundred dollars, in the municipal court, within whose jurisdiction

[2 PN.L.R. 407]

the decedent resided at the time of his death or within whose jurisdiction all or part of the personal property is located asking the issuance of an order that such personal property be transferred to the complainant. If none of the persons named above file such complaint within ninety days of the death of the decedent, then any creditor of the decedent may file a sworn complaint as set forth herein. 13 TTC 51.

[2-3] Under this statute the petitioner being the surviving spouse of the decedent is within the classes of persons who have the capacity to request the Court to issue an order transferring such personal property of the decedent to her. The statute, however, is limited to personal property the value of which is not greater than one thousand dollars. The value of personal property involved in this action exceeds the one thousand dollars limit. Notwithstanding the greater value of the personal property involved here, the Court still has jurisdiction over the matter pursuant to the authority granted to it under Article 10, Sec. 4 (2) of the Constitution of Pohnpei and Sec. 20 of S.L. 2L-160-82.

(2) The complaint, otherwise petition as the common term

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used inactions of this type, shall set forth the name, residence and date of death of the decedent, and the names and addresses of the surviving spouse, children, brothers and sisters of the decedent, and the eldest living brother of the decedent's mother or, if none of the above persons survived the decedent, the name, address, and relationship of the nearest surviving relative. The complaint shall also state the total value of the personal property, and the property, if any, that passed or is to pass under such will, and to whom it went or is to go, and shall contain the promise of the complainant to pay, as far as the assets of the estate permit, the debts of the decedent, or to see that the said debts are paid by someone authorized by local custom, and to distribute the balance, if any, to the person or persons entitled thereto. 13 TTC 52.

(3) Upon the filing of such complaint, if it appears to the court that ends of justice will be served, the court may issue an order, either without notice or after such notice as it deems proper, directing the transfer of the personal property to the complainant, or to such other person as the court deems proper, directing that the transferee pay, as far as the assets of the estate permit, the

[2 PN.L.R. 409]

debts of the decedent, or see that they are paid, and then distribute the balance, if any, to the person or persons entitled thereto. Whoever transfers money or other property to the complainant, or to any other person appointed by the court as set forth above, shall incur no liability thereby, nor shall such person thereafter be held to account for the same to any person. Any person upon whom demand is made to transfer money or other property under the terms of this order who denies the right of the complainant or other transferee to receive the same shall, within ten days of the demand being made upon him to transfer such money or other property, file his answer in this Court, setting forth the grounds that entitle him to retain possession thereof. Upon the filing of such answer, the court shall, after notice to the complainant or other transferee, set the matter down for hearing and make such finding and enter such further order as the ends of justice require. 13 TTC 53.

(4) If the petitioner finds after the receipt of the personal property under [this] order that the debts of decedent do in fact exceed the value of the property received, she shall make no further distribution of the same, but shall at once report the fact to

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this Court, setting forth the money and other personal property received, the disbursements she has already made, the names and addresses of the recipients of the property already disbursed and the reason therefor, and shall list all known debts of the decedent, including those that have recently come to the petitioner's attention. The petitioner shall take no further action save by order of this Court. 13 TTC 54.

(5) The petitioner shall be personally responsible for any property received by her under this order, and any party claiming an interest in such property may, after demand, maintain an action against the petitioner; provided, that no such action shall be brought against the petitioner after two years from the date of this order. 13 TTC 55.

[4] 2. The distribution of the assets of the estate of a deceased person who died intestate is governed by State Law 4L-155-78, and as applied to the case at barwhere the decedent died intestate, the assets of the decedent's estate are to be distributed according to Section 3 (1) of the said statute, which provides;

The real and personal property of an intestate shall devolve in equal, undivided shares to all members of the first class enumerated in this Section in which there is at least one living

[2 PN.L.R. 411]

member at the time of the death of the intestate.

The classes of intestate succession are as follows:

(1) To the children of the intestate;

(2) If there be none, to the parents of the intestate;

(3) If there be none, to the grandparents of the intestate;

(4) If there be none, to the great grandparents of the intestate;

(5) And so forth, ad infinitum, in accordance with the provisions of this act.

Also see Estate of Pasi Baker. PCA No. 215-88 (2).

[5] The surviving spouse of an intestate is entitled to receive one-third of all personal property of the intestate and a life estate in all real property of the intestate; however, the surviving spouse may not assign, sell, ortransfer such life estate pursuant to Sec. 5. In the case at bar, Maria Yamada shall be entitled to receive onethird of Relio Yamada's personal property and a life estate in all his real property.

[6] The adopted child of the intestate and the petitioner here is accorded the same status as a natural child of the parties and is also entitled to an equal, undivided share of the decedent's estate. Sec. 6.

[2 PN.L.R. 412]

[7-8] Any child of the decedent whose mother was not legally married to the decedent does not acquire the same status as the legitimate children of the decedent and the petitioner, nor is he (she) entitled to a share of the decedent's estate. However there is an exception to this limitation as prescribed under Pohnpeian common law, that is, where achild is born out of a marital union and the putative father of that child,

a. later gets married to the mother of the child, or

b. receives and accepts the child into his family as his own child that legitimatizes that child.

[9] 3. If any of the decedent's children falls within this category, he thus acquires the status of a legitimate child and is entitled to also benefit from the provisions of the Intestacy Law as are other children of the union. The application of this Pohnpei common law as is applied here does not offend the intent of the Intestacy Act, supra.

[10] 4. Pohnpei Federation of Coop-Association PFCA-Claim

As to the PFCA's Claim, if the administratrix does not deny such claim she is under a duty to pay the creditor out of the estate

[2 PN.L.R. 413]

before any distribution is made of the estate. Otherwise if she refuses the clam, the creditor may file an action against the administratrix pursuant to 13 TTC 55.

JUDGMENT

It is therefore Adjudged and Decreed that:

1. Letters of Administration hereby is issued to Maria Yamada, who hereby is appointed administratrix of the estate of the late Relio I. Yamada. As administratrix she is empowered to cause the transfer of Relio Yamada's Savings Account No. 22670 at the Bank of Hawaii, Pohnpei Branch, to her name, the transfer of Relio Yamada's KCCA Shares of Stocks Certificate to her name, and the payment and transfer of Relio I. Yamada's life insurance policy with the Individual Assurance Company of Kansas City Missouri, under the Pohnpei Government Group Life Insurance program to the petitioner, pursuant to these letters of administration.

The Administratrix shall cause the transfer of title to and recordation of the real property of the decedent held in fee, and in common with other persons as described above, and his leasehold

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interest to be effected in the manner prescribed under Section 3 of S.L. 4L-155-78 and this order.

3. The petitioner shall administer the estate of Relio I. Yamada in accordance with the applicable laws cited in this Order and in conformity with the customs of Pohnpei.

So Ordered, 20 March 1989.