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Yoichi v Amas [1968] TTLawRp 38; 4 TTR 59 (17 July 1968)

4 TTR 59

TRIAL DIVISION OF THE HIGH COURT

TRUK DISTRICT

Civil Action No. 325

YOICHI, RUTH, TORIS ARUKUOS and PIULA

Plaintiffs

v.

AMAS

Defendant

July 17, 1968

Action to determine title to lineage land on Uman Island. The Trial Division of the High Court, Joseph W. Goss, Temporary Judge, held that while ordinarily lineage land remains in the lineage, the holder of such land may make a gift of .part of the property if no adult member of the lineage objects to such gift.

1. Truk Land Law-Lineage Ownership

Ordinarily lineage land remains in the lineage after the holder's death rather than passing to his children.

2. Truk Land Law-Lineage Ownership-Transfers

Where there was no objection at the time a holder of lineage land gave half of such land to his children, or within a reasonable time thereafter, by the adult members of the lineage, the gift was valid.

GOSS, Temporary Judge

FINDINGS OF FACT

1. The land Nefouken, Sapotiw Village, Uman Island, was lineage land administered by Manew. Upon Manew's death, the land was administered by his sister's son, Urien.

2. Since Japanese times the land has been worked by Urien, his sisters, and their successors.

3. The Japanese officials paid Urien for trees which they cut down on the property.

4. At the end of the war Urien and his sister, Piula, took possession of the buildings evacuated by the Japanese. This was done without objection from the defendant Amas.

5. Papier, who the husband of Urien's sister, Ruth, paid the tax in Navy times for the coconut trees on the land Nefeuken.

6. Defendant made no objection to any of the above and did not claim the property until after Urien's death.

7. Urien's sisters, Plaintiffs Ruth and Piula, Ketepu the son of Arukuos, and Itoko the daughter of Toris, were present when Urien made his will dividing the land with one-half to his sisters Ruth, Arukuos, Piula, and Toris; and one-half to his children. Neither Itoko nor Ketepu objected to the gift to Urien's children, nor did their mothers object within a reasonable time thereafter.

OPINION

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