Low Ken vs Dufrene (XP 106.2014) [2014] SCSC 408 (1 October 2014)

IN THE SUPREME COURT OF SEYCHELLES

Civil Side: XP 106/2014

[2014] SCSC 408

In the matter of

JEANETTE LOW-KEN NEE ESTROP

1^st Petitioner

SUZANNE DUFRENE

2^nd Petitioner

Heard: 1^st October 2014

Counsel: Mrs. Samantha Aglae for s

Delivered: 1^st October 2014

D. Karunakaran, Acting Chief Justice

1. This is an application for the appointment of Executor filed under Article 1026 of the Civil Code of Seychelles. On the strength of the affidavit filed in support of this application and other relevant documents adduced by the applicant in this matter I am satisfied of the following facts :

1. One Charles Hilaire Dufresne hereinafter referred to as the deceased died intestate in Seychelles on the 12^th of February 1984.

2. At the time of his death he had his surviving spouse namely Eudoxie Dufresne nee Lesperance who also died on the 23^rd August 1988.

3. Now the estate of the said two deceased persons devolve to the succession of the two children of the said deceased namely :

1. Marie Therese Estrop nee Dufresne

2. Antoine Dufresne

4. These two children of the deceased are the only legal heirs to the estate of the deceased persons.

5. Both the legal heirs to the estate of the deceased have now consented to the appointment of the first and the second applicant to be the joint executors to the estate of the deceased.

6. I find both applicants are not subject to any legal incapacity to act as executor to the estate of the deceased.

2. In the circumstances, I hereby appoint the first applicant namely Jeanette Low-Ken nee Estrop and the second applicant Suzanne Dufrene both of St. Louis, Mahe as joint executrixs to the estate of the deceased persons namely:

1. Charles Hilaire Dufresne who died on the 12^th February 1984, and

2. Eudoxie Dufresne nee Lesperance who died on the 23^rd August 1988.

3. Appointment is made accordingly. File closed.

Signed, dated and delivered at Ile du Port on 1^st October 2014.

Acting

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