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Chilli v Lanadra [1971] TTLawRp 8; 5 TTR 318 (5 May 1971)

5 TTR 318

BETWEL CHILLI, Plaintiff

v.

LANADRA, and LIJATDRIK, Defendants

Civil Action No. 385

Trial Division of the High Court

Marshall Islands District

May 5, 1971

Action to determine dri jerbal rights to Monkobob wato, Utrik Atoll, Marshall Islands. The Trial Division of the High Court, D. Kelly Turner, Associate Justice, held that a dri jerbal could not designate his successor to the exclusion of other members of the bwij particularly when another person had been recognized by the predecessor alabs, and the present alab, as the senior dri jerbal and that an alab could not name someone as dri jerbal and thereby cut off another's vested rights unless he could demonstrate good cause.

1. Marshalls Land Law-"Dri Jerbal"-Establishment

A dri jerbal cannot designate his successor dri jerbal to the exclusion of the other members of the bwij, particularly when another person was recognized by predecessor alabs and the present alab as the senior dri jerbal on the land. .

2. Marshalls Custom-"Kallimur"

A Marshallese will or kallimur is distinguished from the American

3. Marshalls Custom-"Kallimur"

A kallimur is defined as a determination of land rights within the limits allowed by Marshallese custom.

4. Marshalls Land Law-"Alab"-Powers

The right to designate a dri jerbal on land, without cutting off previously vested rights without good cause, is one of the powers of an alab.

5. Marshalls Land Law-"Alab"-Limitation of Powers

An alab cannot name certain persons exclusively as dri jerbal and thereby cut off others' rights unless he can demonstrate good cause.

TURNER, Associate Justice

RECORD OF HEARING

Hearing was held on the report·of the Master, Presiding Judge Kabua Kabua, before D. Kelley Turner, Associate Justice, at the Courthouse, Uliga Island, Majuro Atoll, April 21, 1971, with· Bilimon Amram, representing the plaintiff and Levi·Launit, counsel for the defendants. Counsel had filed written·memoranda prior to oral argument. Plaintiff approved the Master's findings of fact and the defendants rejected them.

OPINION

This action arises out of a family (lineage) dispute over dri jerbal rights to Monkobob wato, Utrik Atoll, Marshall Islands. Plaintiff Betwel and defendant Lijatdrik each claim dri jerbal rights. Defendant Lanadra is the iroij erik and testified in behalf of defendant Lijatdrik. Grace is the present alab. Lakimia was the former alab who established plaintiff's rights as dri jerbal. Lakimia was succeeded by Chilli (also spelled Lajilla) and his sister Jila succeeded him. She was followed by Limeia and the present alab, Grace, succeeded Limeia. Leroij Limojwa is the iroij lablab.

Settlement of this dispute depends upon Marshallese customary land law and the relationship between the parties. There is little, if any, dispute as to either the traditional land law or the relationship between the parties. The parties are the son and daughter, respectively, of brothers. Both plaintiff and defendant claimed exclusive dri jerbal rights by inheritance from their fathers. Plaintiff does not dispute the Master's conclusion that both parties are entitled to share the dri jerbal rights. Defendant Lijatdrik objects to this conclusion and insists she is entitled to exclusive rights under her father's will.

[1] The Master held there was insufficient evidence to establish proof of the oral will of defendant's father, Labni. We do not disturb that finding because the evidence is clear that Labni had no authority to name a successor dri jerbal. Labni was the younger brother of Chilli, plaintiff’s father. Chilli, until his death was alab for the land in question. Labni never became alab because he died before Chilli. Labni's only ownership interest in the land was the right to work on it as a member of the lineage. As dri jerbal he could not designate his successor dri jerbal to the exclusion of the other members of the bwij, particularly when plaintiff was recognized by predecessor alab as to Grace, the present alab, as the senior dri jerbal on the land.

[2-4] A Marshallese will or "Kallimur" is distinguished from the American concept of "will". It is defined as a determination of land rights within the limits allowed by Marshallese custom in Lalik v. Elsen, 1 T.T.R. 134, 139. The right to designate a dri jerbal on land, without cutting off previously vested rights without good cause, is one of the powers of an alab.

[5] Labni was not an alab and his will was not effective, if he made one, to cut off plaintiffs vested rights. Even if he had become an alab by outliving his older brother, he could not have named defendants exclusively as dri·jerbal and thereby cut off plaintiffs rights unless he could: demonstrate good cause. In the Lalik decision the Court's comment on the limitation upon determination of land rights by will or kallimur is at 1 T.T.R. 140:-·

"There are a few specific situations in which: Marshallese custom allows a person holding rights in land under an iroij lab lab, to choose who, among a limited number of relatives, shall succeed him . . . (The iroij lablab) is the one to decide whether, under all the circumstances, the necessary people have been consulted about or have consented to it."

In the present case, there was proof of determination of rights to this land by the plaintiff. It was a letter from Alab Jila, successor to Alab Chilli, to the iroijs and the Utrik Atoll council that both plaintiff and defendant held dri jerbal rights on Monkobob wato.

Grace, the successor alab to Jila and the oldest matrilineal descendant in the lineage, did not enforce the determination of her predecessor and attempted to resolve the dispute between the plaintiff and defendant by ordering the plaintiff to transfer to Ailuk Atoll, some sixty miles south of Utrik.

This, of course, Grace had no authority to do. She couldn't cut off plaintiffs vested rights without good cause and she was not empowered to order plaintiff transferred from one atoll to another.

Defendants' counsel argued at the hearing on the Master's report that the plaintiff and defendants would be unable to get along together; that to avoid conflict·Grace could send the plaintiff away. The fear expressed by counsel was of future trouble. It is a matter for future determination in accordance with Marshallese custom and Trust Territory law.

It is recognized as said in Lalik v. Lazarus S., 1 T.T.R; 143, that:-

"Under the Marshallese system of land tenure, there is a strong obligation on the part of all of those holding various rights in a piece of land at the same time, to cooperate in a reasonable and friendly manner."

The Master's decision, now affirmed, is made with the expectation that the parties will endeavor to observe the obligation of cooperation imposed by Marshallese custom. Accordingly, it is,

Ordered, adjudged, and decreed:-

1. That both the plaintiff Betwel Chilli and the defendant Lijatdrik shall have dri jerbal rights on Monkobob wato, Utrik Island, Utrik Atoll, Marshall Islands.

2. That no costs are assessed.