In re the Estate of Francis Masi [1996] SBHC 79; HC-CC 137 of 1996 (4 September 1996)

HIGH COURT OF SOLOMON ISLANDS

Civil Case No: 137 of 1996

IN THE MATTER OF ESTATE OF - DECEASED FRANCIS MASI

AND

IN THE MATTER OF AN APPLICATION BY JULIA MASI - WIDOW OF THE DECEASED FOR LETTERS OF ADMINISTRATION

High Court of Solomon Islands
(Awich, J)

Hearing: 4 September 1996
Judgment: 4 September 1996

G Suri for the applicant (Julia Masi)
P Tegavota for John Masi (father in law)
A Talasasa, Public Trustee

JUDGMENT

AWICH,J: It is my view that the Public Trustee is in this case the better person to be granted Letters of Administration. There is already dispute between the applicant and father of the deceased which led to court case over a vehicle - see Court Case No. CC 145 of 1996. It may well be that when the applicant is appointed several contests over assets will be the subject of side court cases. Moreover, I think that the Public Trustee in the circumstances may be better suited to conduct dialogue on any item in the estate without meeting with preconceived suspicion and resistance. I do not think this estate is a huge one and I think it should take short time to liquidate and distribute. Moreover, the Public Trustee will have the advice of the Attorney General’s chambers without costs. Letters of Administration in the Estate of FRANCIS MASI who died on 14 March 1996 at Honiara is granted to Public Trustee, for the time being, Mr Aquila Talasasa. Costs of all parties be costs in the administration of the estate. This grant has been made under section 5 of the Public Trustees Act, sections 29 and 35 of the Wills, Probate and Administration Act having been considered, and Public Trustee having been heard in court together with the applicant and father of deceased.

Dated this 4th day of September 1996.

Sam Lungole-Awich
Judge