Bulele Estate, Re [1968] TTLawRp 71; 5 TTR 140 (18 May 1968)

5 TTR 140

In the Matter of the Estate of BULELE, Deceased

Probate Case No. 5

Trial Division of the High Court
Marshall Islands District

May 18, 1968

Hearing on objection to distribution of portion of decedent's estate. The Trial Division of the High Court, R. K. Shoecraft, Chief Justice, held that portion of estate to which objection was made was not sole property of deceased but was held in his name for all the members of the bwij and thus the iroij, alab and dri jerbal were entitled to their proportionate share.

Trusts - Generally

Although money was deposited in name of one as alab, and he had full authority to make withdrawals, it was clear that such funds were not the sole property of the alab but were held in his name for all of the members of his bwij and that the iroij, alab and dri jerbal were entitled to their proportionate share.

Assessors:	HONORABLE KABUA KABUA and HONORABLE LINO KORABB
Interpreter:	LANGINMO JACOB
Counsel for Petitioner:	LEVI, L.
Counsel for Objector:	ATIDRIK MAIE, PRO SE

SHOECRAFT, Chief Justice

Held before the Honorable Robert K. Shoecraft, Chief Justice, at Ebeye, Marshall Islands, on May 14 and 15, 1968.

This matter came before the Trial Division of the High Court for hearing on the petition of Ille Bulele for appointment as Administrator of the Estate of Bulele, deceased father of the petitioner. Notice of said petition was served on the surviving children of the decedent, and on February 13, 1968, the said children, Nuka Bulele, Jillo Bulele, Rema Bulele, Ruta Bulele, and Annie Bulele, filed their "Release and Waiver of Claim" purporting to transfer any and all claims they have against the Estate to IIle Bulele, petitioner herein, and youngest son of the petitioner. However, upon the hearing of this matter it has been determined that the "Release and Waiver of Claim" was intended by said children of decedent to waive only any right they may have to act as administrators of the estate, and was not intended as a waiver of any of their rights to inherit from the decedent.