Ex parte: Gabriel (155 of 2010) [2010] SCSC 119 (8 December 2010)

CS 149/10

Ex-P: Linzy Lilette Antoinette Moncherry

Ruling

Appointment of Executor under Article 1026 of the Civil Code of Seychelles

The Applicant Linzy Lilette Antoinette Moncherry of Barbarons, Mahe, Seychelles shows that Marie Christine Louise nee Moncherry also known as Marie Moncherry (hereinafter “the Deceased”) died intestate on 8^th March, 2002.

The Deceased left behind as her surviving heirs, her husband and children, namely:

1. David Henry Louise

2. Chrystophe France Terry Moncherry born on 2^nd February, 1973.

3. Rendy Steven Michel Moncherry born on 12^th June, 1974.

4. Linzy Lilette Antoinette Moncherry born on 2^nd June, 1975.

5. Johnny Ronny Patrick Julie born on 26^th June, 1981.

At the time of her death, the Deceased owned shares in an immovable property namely, S4384 situate at Anse Aux Pins, Mahe, Seychelles.

In the circumstances it is necessary that an Executor be appointed to the succession of the Deceased.

All the other heirs are agreeable to the Applicant being appointed as Executrix for the administration of the said estate.

The Applicant is not subject to any legal incapacity and is ready and willing to perform the duties of Executrix as laid down by law.

I hereby make an order appointing Linzy Lilette Antoinette Moncherry as Executrix of the Estate of the Deceased Marie Christine Louise nee Moncherry .

B. Renaud (24.11.10)

IN THE SUPREME COURT OF SEYCHELLES

EXPARTE MARIE LISE ANTHONY NEE GABRIEL APPLICANT

Civil Side No 155 of 2010

…………………………………………………………………………………………………

Mr N. Gabriel for the Applicant

RULING

Appointment of Executor under Article 1026 of the Civil Code of Seychelles

B. Renaud J

The Applicant Marie Lise Anthony nee Gabriel of La Misere, Mahe, Seychelles shows that Lydie Juliette Gabriel (hereinafter “the Deceased”) died intestate on the 17^th July, 2010.

The Deceased left behind as her surviving heirs, namely:

1. Louis Stanley Gabriel born on the 9^th December, 1936;

2. Maurice Michel Gabriel born on the 22^nd September, 1938;

3. Joseph Guy Gabriel born on the 17^th June, 1942;

4. Harry Joseph Gabriel born on 30^th April, 1944;

5. Marie Lise Anthony nee Gabriel born on the 27^th December, 1945;

6. Francoise Flora Gabriel on the 14^th November, 1947;

7. Marthe Therese Hoareau nee Gabriel born on the 26^th March, 1950;

8. France Paul Gabriel born on the 28^th December, 1951.

At the time of her death, the Deceased owned immovable property namely, Parcel Title S5680 with a house thereon situate at Anse Aux Pins, Mahe, Seychelles.

The Deceased further held two accounst at the Barclays Bank (Seychelles) namely Savings Account number 4102271 and Fixed Deposit Account number 7511466 at the time of her death.

In the circumstances it is necessary that an Executor be appointed to the succession of the Deceased.

All the other heirs are agreeable to the Applicant being appointed as Executrix for the administration of the said estate.

The Applicant is not subject to any legal incapacity and is ready and willing to perform the duties of Executrix as laid down by law.

I hereby make an order appointing Marie Lise Anthony nee Gabriel as Executrix of the Estate of the Deceased Lydie Juliette Gabriel.

…………………….

B. RENAUD

JUDGE

Dated this 9^th day of December 2010