Exparte: Leong Kee (XP 119.2014) [2014] SCSC 413 (22 October 2014)


Civil Side: XP 119/2014

[2014] SCSC 413

In the matter of


Heard: 22nd October 2014

Counsel: Mr. D. Lucas for Applicant

Delivered: 22nd October 2014

D. Karunakaran, Acting Chief Justice

  1. This is an application for appointment of Executor filed under Article 1026 of the Civil Code of Seychelles. On the strength of the affidavits and other relevant documents adduced by the applicant in this matter, I am satisfied that one John Leong Kee hereinafter refer to as the “deceased” died intestate in Texas, the United State of America on the 8th of February 1990.

  2. The deceased has left behind 4 legal heirs to his estate, namely his widow who is none else than the petitioner and 3 daughters.

  3. On the 26th June 1990 this court appointed one Francis Yat Hong Leong Kee as Executor to the estate of the “deceased” John Leong Kee. However, the said Executor has now passed away leaving the executorship vacant.

  4. In the circumstances, the petitioner has now applied to this court for a new appointment of Executor to the estate of her deceased husband, John Leong Kee.

  5. I am satisfied that all the legal heirs to the estate have consented to the appointment of the applicant as Executor to the estate of the “deceased”. I am equally satisfied that the applicant is not subject to any legal incapacity to act as Executor to the estate.

  6. In the circumstances, upon consent of all legal heirs to the estate I hereby appoint Gerard Sue Louin Leong as Executor to the estate of the “deceased” John Leong Kee who died on 8th of February 1990, replacing the deceased Executor Francis Yat Hong Leong Kee.

  7. For the avoidance of doubt, I hereby declare the estate of the deceased John Leong Kee includes Parcel no. H.930 and undivided shares and interests in immovable properties, Parcel no. S1689, Parcel no. H776, Parcel no. H778, Parcel no. H994 and Parcel no. H1083.

Appointment made accordingly.

Signed, dated and delivered at Ile du Port on 22nd October 2014.



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