Yangilemau v Mahoburimalei [1958] TTLawRp 19; 1 TTR 429 (27 June 1958)

1 TTR 429

YANGILEMAU,
Plaintiff

v.

MAHOBURIMALEI,
Defendant

Civil Action No. 37
Trial Division of the High Court
Palau District
June 27, 1958

Action to determine ownership of certain trees on Pulo Anna Island, in which plaintiff claims as donee of gift from adoptive father and defendant attempts to nullify effect of gift on ground of alleged acts of plaintiff. The Trial Division of the High Court, Associate Justice Philip R. Toomin, held that property passed from former owner's control upon making of gift, and that plaintiff has not deserted his adoptive family nor acted improperly toward his sister in instigating court action against her and her husband.

1. Real Property-Gifts

Where gift of trees was effected during donor's lifetime, trees do not represent property owned by donor at time of his death.

2. Real Property-Gifts

Where party is given general power to take charge of owner's property, power does not operate to give control over property which is no longer owner's to give because it was subject matter of prior gift.

3. Real Property-Gifts

Any power granted party to control property left by former owner is ineffective and inoperative with respect to trees which were subject matter of prior gift.

4. Palau Custom-Adoption

Where there is no credible evidence that party has deserted his adoptive family, Palau custom has no force in action concerning party's rights in property of adoptive family.

5. Criminal Law-Principal and Accessory-Accessory After the Fact

Where family members are in position of aiding couple in continuance of incestuous relationship, they are exposed to possibility of prosecution for crime of accessory after the fact. (T.T.C., Sec. 430)

6. Criminal Law-Principal and Accessory-Accessory After the Fact

Whoever, knowing crime to have been committed, unlawfully receives, comforts, harbors, aids or advises or assists person he knows committed crime is accessory after the fact. (T.T.C., Sec. 430)

7. Criminal Law-Principal and Accessory-Accessory After the Fact

One does not become accessory after the fact who, knowing crime has been committed, merely fails to give information thereof. (T.T.C., Sec. 430)

8. Criminal Law-Principal and Accessory-Accessory After the Fact

Under Trust Territory law defining accessory after the fact, words "comfort", "harbor", "aid", and "assist" might apply to otherwise innocent person living in same household and communing daily with couple allegedly guilty of incestuous relationship. (T.T.C., Sec. 430)

9. Custom-Applicability

Public policy forbids enforcement of custom which closes mouth of family member knowing of commission of felony by another family member under pain of forfeiture of property in event of violation.