In the matter of the Estate of Andrew

POHNPEI SUPREME COURT REPORTS

VOL. 1

[1 P. S. Ct. R 21]

IN THE MATTER OF THE

ESTATE OF ROSENDO ANDREW,

Decedent

MARTHA ANDREW,

Petitioner

Ponape Civil Action No. 81-8

Ponape State Court

June 28, 1984

Petition by surviving spouse of intestate to be appointed administratrix to the intestate's estate. Decedent left personal property, including cash and stock certificate, and some outstanding debts. The Ponape State Court, EDWEL H. SANTOS, Chief Justice, held that the petitioner may be appointed as administratrix of the Intestate's estate with the duty to settle his outstanding debts and share the remainder of assets of the estate according to law.

1. Intestacy - Distribution of Intestate's Property Governing Law

Where decedent died on May 17, 1984, intestate, his properties are distributed in accordance with District Law No. 4L-155-78.

2. Administration

The surviving spouse of an intestate may be appointed as administratrix of the estate of the intestate.

3. Administration - Settlement of Decedent's Debts

Where deceased had certain outstanding debts the Court considers the right of the creditors of superior importance in the distribution of the intestate's assets,therefore the assets of the estate shall be applied for the settlement of his outstanding debts as much as those assets permit.

4. Administration - Distribution of Intestate's Property

Where after the settlement of the outstanding debts of the intestate there is remainder of the assets of his estate, the remainder shall be distributed in accordance with the governing State Law.

[1 P. S. Ct. R 22]

EDWEL H. SANTOS, Chief Justice

I. FACTS

Petitioner is a citizen of the Federated States of Micronesia and resident of Ponape State. The decedent, Rosendo Andrew, was also a citizen of the Federated States of Micronesia and a resident of Ponape. Decedent died on May 17, 1984, intestate. Petitioner is the surviving spouse of the decedent. The decedent and the petitioner begot the following children namely,

1. Clyde Andrew son 13 years old

2. Cecilia Andrew daughter 12 years old

3. Rosendo Andrew Jr. son 9 years old

4. Justin Andrew son 7 years old

The decedent left certain assets which include personal properties in the form of cash, stock certificate and other belongings. Petitioner requests for an order to appoint her as the administratrix of the estate of the decedent. The decedent had some outstanding debts, and the petitioner had indicated to the Court that she would be responsible for settlement of the decedent's debts out of the estate inasmuch as the estate can permit.

[1 P. S. Ct. R 23]

II. CONCLUSION OF LAW

[1-3] Where a person died on May 17,1984, without leaving a will in this State, his properties are distributed in accordance with District Law No. 4L-155-78. If the deceased had certain outstanding debts, the Court considers the right of the creditors of superior importance and therefore, the assets of the decedent's estate inasmuch as the assets of the estate can permit shall be applied for the settlement of those debts. The remainder of the assets of the estate shall then be distributed in accordance with the State Law above cited.

III. JUDGMENT

IT IS ORDERED as follows.

Martha Andrew is hereby appointed as the administratrix of the estate of Rosendo Andrew, deceased.

Martha Andrew is responsible for the settlement of the debts of the estate, to appropriate and to distribute the remainder of the assets of the estate in accordance with Ponape District Law No.4L-155-78. SO ORDERED this 28th day of June, 1984.


	POHNPEI SUPREME COURT REPORTS VOL. 1 [1 P. S. Ct. R 21] IN THE MATTER OF THE ESTATE OF ROSENDO ANDREW, Decedent MARTHA ANDREW, Petitioner Ponape Civil Action No. 81-8 Ponape State Court June 28, 1984 Petition by surviving spouse of intestate to be appointed administratrix to the intestate's estate. Decedent left personal property, including cash and stock certificate, and some outstanding debts. The Ponape State Court, EDWEL H. SANTOS, Chief Justice, held that the petitioner may be appointed as administratrix of the Intestate's estate with the duty to settle his outstanding debts and share the remainder of assets of the estate according to law. 1. Intestacy - Distribution of Intestate's Property Governing Law Where decedent died on May 17, 1984, intestate, his properties are distributed in accordance with District Law No. 4L-155-78. 2. Administration The surviving spouse of an intestate may be appointed as administratrix of the estate of the intestate. 3. Administration - Settlement of Decedent's Debts Where deceased had certain outstanding debts the Court considers the right of the creditors of superior importance in the distribution of the intestate's assets,therefore the assets of the estate shall be applied for the settlement of his outstanding debts as much as those assets permit. 4. Administration - Distribution of Intestate's Property Where after the settlement of the outstanding debts of the intestate there is remainder of the assets of his estate, the remainder shall be distributed in accordance with the governing State Law. [1 P. S. Ct. R 22] EDWEL H. SANTOS, Chief Justice I. FACTS Petitioner is a citizen of the Federated States of Micronesia and resident of Ponape State. The decedent, Rosendo Andrew, was also a citizen of the Federated States of Micronesia and a resident of Ponape. Decedent died on May 17, 1984, intestate. Petitioner is the surviving spouse of the decedent. The decedent and the petitioner begot the following children namely, 1. Clyde Andrew son 13 years old 2. Cecilia Andrew daughter 12 years old 3. Rosendo Andrew Jr. son 9 years old 4. Justin Andrew son 7 years old The decedent left certain assets which include personal properties in the form of cash, stock certificate and other belongings. Petitioner requests for an order to appoint her as the administratrix of the estate of the decedent. The decedent had some outstanding debts, and the petitioner had indicated to the Court that she would be responsible for settlement of the decedent's debts out of the estate inasmuch as the estate can permit. [1 P. S. Ct. R 23] II. CONCLUSION OF LAW [1-3] Where a person died on May 17,1984, without leaving a will in this State, his properties are distributed in accordance with District Law No. 4L-155-78. If the deceased had certain outstanding debts, the Court considers the right of the creditors of superior importance and therefore, the assets of the decedent's estate inasmuch as the assets of the estate can permit shall be applied for the settlement of those debts. The remainder of the assets of the estate shall then be distributed in accordance with the State Law above cited. III. JUDGMENT IT IS ORDERED as follows. Martha Andrew is hereby appointed as the administratrix of the estate of Rosendo Andrew, deceased. Martha Andrew is responsible for the settlement of the debts of the estate, to appropriate and to distribute the remainder of the assets of the estate in accordance with Ponape District Law No.4L-155-78. SO ORDERED this 28th day of June, 1984.