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Kapileo v Kaipat [1978] TTLawRp 15; 7 TTR 626 (9 November 1978)

7 TTR 626

VICTORIA I. KAPILEO, et al.,
Plaintiffs-Appellants

v.

BENUSTO R. KAIPAT, et al.,
Defendants-Appellees

Civil Appeal No. 195
Appellate Division of the High Court
Mariana Islands District

November 9, 1978

Plaintiffs appealed judgment against them. The Appellate Division of the High Court, Hefner, Associate Justice, affirmed for lack of showing of error.

Appeal and Error—Affirmance—Grounds

Trial court judgment would be affirmed where record revealed no basis for declaring its findings erroneous.
Counsel for Appellants: Public Defender's Office, Saipan, Mariana Islands
Counsel for Appellees: MICHAEL A. WHITE, ESQ.

Before HEFNER, Associate Justice, NAKAMURA, Associate Justice, and GIANOTTI, Associate Justice

HEFNER, Associate Justice

The sole issue in this case is whether a person by the name of Candilaria was adopted and therefore became the only heir of Joaquin Rogopes. The importance of the resolution of this issue is because Micronesian Claims Commission Decision 5509 awarded certain monies to the heirs of Joaquin Rogopes.

The appellants assert that Candilaria, their mother, was adopted by one Domitila and therefore they became the sole heirs of Joaquin Rogopes since Domitila was the adopted sister of Rogopes.

The Trial Court found no such adoption. The appellants claimed error in that the Trial Court rendered its decision contrary to the weight of the evidence.

A review of the record in this matter does not reveal any basis upon which to declare that the findings of the Trial Court are clearly erroneous, 6 TTC 355(2).

The Judgment of the Trial Court is AFFIRMED.