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Fuyihira Estate, Re [1969] TTLawRp 73; 5 TTR 154 (7 July 1969)

5 TTR 154

In the Matter of the Estate of JOSE FUYIHIRA, Deceased

Civil Action No. 161

Trial Division of the High Court
Mariana Islands District

July 7, 1969

Petition for distribution of estate. The Trial Division of the High Court, R. K. Shoecraft, Chief Justice, held that where person in question had been missing for 25 years he was presumed to be dead.

Distribution ordered.

Decedents' Estates - Presumption of Death

Where person had been missing for more than 25 years he was presumed to be dead.

SHOECRAFT, Chief Justice

This matter came on to be heard upon the sworn petition, the land records in the Mariana Islands District Land Office, and those in the Office of the Clerk of Courts for the Mariana Islands District, and the signed consent by Carmen Sablan Reyes, also known as Carmen Sablan Fuyihira, widow of Jose Fuyihira, deceased.

It appearing that notice of the Amended Petition and the Special Summons has been given, that no party has filed any appearance in opposition thereto, that the time for filing such objection in accordance with the notice ordered by the Court has expired, that said Carmen Sablan Reyes has requested this Court to grant the petition for distribution dated August 26, 1968, on file herein,

The Court finds that Jose A. Fuyihira, alleged to be a son of the decedent, has been missing for more than 25·years, that he left no children, and that the said alleged son, Jose A. Fuyihira, is presumed to be dead.

JUDGMENT

Upon consideration of the foregoing, it is ordered, adjudged, and decreed as follows:-

1. Lot No.9, Block No.2, South Garapan Village, containing an area of 671.0 square meters, more or less, on file with the Clerk of Courts for the Mariana Islands District, as shown on A.P.W.O. Drawing No. 11234, is hereby distributed to and adjudged to be the property of petitioner Ana F. Ada, Maria F. Babauta and Estanislao A. Fuyihira, to be held as undivided one-third interest.

2. Lot No.6, Block No.2, South Garapan Village, containing an area of 671.0 square meters, more or less, as shown on A.P.W.O. Drawing No. 11234, on file with the Clerk of Courts for the Mariana Islands District, is hereby distributed to and adjudged to be the property of Dolores F. Duenas, Merced F. Torres, and Carmen F. Santos, to be held as undivided one-third interest.

3. In accordance with the Trust Territory Code, Section 283, after the time for appeal herefrom has expired, without notice of appeal being filed or after any appeal duly taken has been finally determined, this judgment shall operate to transfer ownership of said land from Carmen Sablan Reyes, when a copy hereof, certified by the Clerk of Courts, or any judge of this Court, is recorded in the Office of the Clerk of Courts for the Mariana Islands District.

4. The District Land Title Officer for the Mariana Islands District shall note this judgment in his records.

5. All of the heirs of Jose Fuyihira, decedent herein, listed in the Amended Petition for Distribution filed on January 13, 1967, shall be furnished with copies of this Judgment Order.

6. Costs are assessed against the petitioner.