ex p Belle (XP 153/2014) [2015] SCSC 36 (04 February 2015);

     

     

 

IN THE SUPREME COURT OF SEYCHELLES

Civil Side: XP 153/2014

 

       [2015] SCSC 36

 

 

In the matter of

 

EX PARTE: DANIEL BELLE

     

 

Heard:                         4 February 2015

Counsel:                      Mr. B. Julie for Applicant

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 in this matter, I am satisfied that one Paul Gerard Belle, hereinafter referred to as the “deceased” died intestate in Seychelles on the 6th of May 2013.  On the date of his death the deceased was holding two banks accounts at Mauritius Commercial bank namely;_

  1. Account No. 00000273667; and
  2. Account No. 0000190764.

[2]           The deceased is survived by his widow Diana Claudia Philylida Belle and five of his children. I am satisfied on evidence that they are the only legal heirs to the estate of the deceased and all the legal heirs have consented to the appointment of the Applicant, Daniel Belle as executor to the estate.  I am equally satisfied that the said Daniel Belle is not subject to any legal incapacity to act as the executor to the estate. 

[3]           In the circumstances, I hereby appoint the Applicant, Daniel Belle of Room No. 206, Victoria, Mahe, Seychelles as executor to the estate of his deceased father Paul Gerard Belle who died in Seychelles on the 6th of May 2013.

[4]           Application is granted accordingly.  The file is closed.

 

 

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

 

D Karunakaran

Acting Chief Justice