ex p Mathiot (XP 183/2014) [2015] SCSC 34 (04 February 2015);

     

     

 

IN THE SUPREME COURT OF SEYCHELLES

Civil Side: XP 183/2014

 

       [2015] SCSC 34

 

 

In the matter of

 

EX PARTE: GILBERT PHILIPPE MATHIOT

 

Heard:                         4 February 2015

Counsel:                      Mr. F. Bonte for petitioner

Delivered:                    4 February 2015

 

JUDGMENT

D. Karunakaran, Ag 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 affidavits and other relevant documents adduced by the Applicant, I am satisfied of the following facts;-

  1. the Applicant Mr. Gilbert Philippe Mathiot of Corgat Estate, Mont Fleuri, is the brother of the late Mr. Antoine Eric Mathiot;
  2. the said Mr. Antoine Eric Mathiot had been married to one Mrs. Grita Madeleine Mathiot.  The marriage took place on the 8th of March 1977;
  3. the late Mr. Antoin Eric Mathiot died intestate in Seychelles on the 1st of June 2014;
  4. the deceased’s wife Mrs. Grita Madeleine Mathiot also died on the 3rd of November 2011; and
  5. the deceased has no children at all. 

[2]           In the circumstances all the siblings of the deceased whose names are mentioned in paragraph 6 of the petition are the only legal heirs to the estate of the deceased.  All the legal heirs have consented to the appointment of Gilbert Philippe Mathiot as executor to the estate of the deceased. 

[3]           In the circumstances, I hereby appoint Gilbert Philippe Mathiot as the executor to the estate of the late Antoine Eric Mathiot and his deceased wife Mrs. Grita Madeleine Mathiot.

[4]           Application is granted accordingly.

 

Signed, dated and delivered at Ile du Port on 4 February 2015

 

D Karunakaran 

Acting Chief Justice

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