Estate of Sam Lipai

POHNPEI LAW REPORTS

VOL. 3

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IN THE MATTER OF THE

ESTATE OF SAM LIPAI,

Deceased

BERMINA LIPAI,

Petitioner.

Pohnpei Civil Action No. 55-88

Trial Division of the Pohnpei Supreme Court

April 22, 1988

Petition by the surviving spouse of intestate for the appointment of their son as successor to his intestate father for the management of the savings account of the intestate for the benefit of his rightful heirs. The Trial Division of the Pohnpei Supreme Court, JUDAH C. JOHNNY, Associate Justice, granting the petition, held that there was nothing wrong with the petition, since the son had attained majority age.

1. Intestacy - Distribution of Intestate's Property - Governing Law Rights of Surviving Spouse and Children of Intestate.

With effect from September 20, 1978, the division of the property of a person who dies intestate in Pohnpei State is governed by the

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Pohnpei State Intestate Succession Act, D.L. 4L-155-78, which grants equal shares of the property to the children and one-third share to the surviving spouse.

2. Administration

The eldest son, of majority age, may be appointed an administrator of the estate of his intestate father upon a request of the intestate's surviving spouse that their son be so appointed.

Counsel for Petitioner: Micronesian Legal Services Corporation

JUDAH C. JOHNNY, Associate Justice

The petition of Bermina Lipai came on regularly to be heard before me on April 22, 1988. The petitioner and counsel, the Micronesian Legal Services Corporation by Tino Donre were present.

FINDINGS OF FACT

The following facts were found:

1. The petitioner and Sam Lipai, both citizens of the Federated States of Micronesia, were legally married at the time Sam Lipai died on October 1, 1979.

2. The petitioner and Sam Lipai had six natural children namely:

a. Gonally Lipai (son)

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b. Franklin Lipai (son)

c. Mahoney Lipai (son)

d. Bernard Lipai (son)

e. Beimen Lipai (son)

f. Cynthy Ann Lipai (daughter)

3. Sam Lipai died intestate.

4. Known estate of the deceased consists of an investment in the form of a savings account at the Bank of Hawaii, Pohnpei Branch, identified under Account No. 1823, in the approximate amount of $205.46, more or less.

5. All rightful heirs, represented by the petitioner, consent that the oldest child, Gonally Lipai, succeed his father and be registered on the savings account, and to manage it for the benefit of the family.

CONCLUSIONS OF LAW

[1] The division of the property of persons who die intestate in this State, beginning from September 20,1978, is governed by the Pohnpei State Intestate Succession Act, D.L. No. 4L155-78. That statute grants equal shares to the children and

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one-third share to the surviving spouse.

[2] Courts may appoint persons to manage the estate of minors. A greater portion of petitions that come before this Court in matters of this nature seeks placement of administratorship in the petitioner. This matter differs somewhat in that the petitioner seeks to place that power in her eldest child. There is absolutely nothing wrong with the petition, since Gonally has attained majority age.

Accordingly, it is ORDERED, ADJUDGED, and DECREED:

1. That certain Savings Account in the Pohnpei Branch of Bank of Hawaii, identified under No. 1823, in the amount of $205.46, more or less, is to be registered in the name of Gonally Lipai. Gonally Lipai shall have all the right and power to manage or otherwise dispose of the account for the benefit of his mother, brothers and sister identified here.

2. The Bank of Hawaii is authorized to cause changes to its records to conform to this judgment.