Exparte:Barbe (140 of 2006) [2006] SCSC 61 (27 September 2006);

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SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy

 

IN THE SUPREME COURT SEYCHELLES

 

EXPARTE: JORINA BARBE

 

Civil Side No. 140 of 2006

 

 

Mr. Herminie for the Applicant

 

RULING

 

On Application For Appointment of Executrix

 

Gaswaga J

 

This is an application for appointment of executrix. I am satisfied on the documentary evidence adduced in support thereof that Francine Estico died intestate in Seychelles on Sixteenth (30th) day of June, 2001. The deceased left behind eight heirs namely;

 

  1. Z F J, a daughter.

  2. A A E, a daughter.

  3. M M, a daughter.

  4. R W D, a son.

  5. D P E, a son.

  6. R D E, a daughter.

  7. S J E, a daughter.

 

The birth and marriage certificates of the above named heirs were produced and collectively admitted as P1 including the death certificate of the deceased.

 

At the time of the said death the deceased left behind movable and immovable properties, in particular Parcel H.675.

 

All the other heirs save Royce Williams Dick are agreeable to the Applicant being appointed Executrix of the deceased’s estate. The letter of consent signed by the other heirs was produced and admitted as P2.

 

The Applicant is agreeable to being appointed the Executrix of the deceased’s estate and is under no legal incapacity, able, ready and willing to perform the duties of Executrix of the late Francoise Estico as laid down by law.

 

In terms of Section 1026 of the Civil Code of Seychelles I appoint Jorina Barbe as executrix of the succession of the late Francoise Estico.

 

 

 

D. GASWAGA

JUDGE

Dated this 28th day of September, 2006