In the matter of ex parte application for appointment of executor - Pamla Michelle Knight (XP 159/2019) [2019] SCSC 698 (16 August 2019);

Legislation considered: 

Andre J

 

Introduction

[1]        This is an application of the 12th August 2019 for the appointment of Executor filed under Article 1026 of the Civil Code of Seychelles [Cap 33] by Pamla Michelle Knight (“Petitioner”).

Affidavit Evidence as further substantiated in Court under oath

[2]        The Petitioner on the above-stated hearing date, testified that she is the daughter of Cecile             Easton nee Louange (“the deceased”) Exhibit P1 and deceased only surviving heir. That   the deceased changed her name to Marie Eugenia Cecile Lawson on the 17th December 2017 hence the deceased name as it appears on the Petitioner’s birth certificate namely   “Cecile Lawson nee Louange” and “Easton Marie Eugenia Cecile” on the death certificate          Exbibit P2 is one and the same person.

[3]        That at the time of her death, the deceased left behind immovable property situated in Mahe             Seychelles, namely land Title V 2076 Exhibit P3.

            Legal Analysis: Article 1026 of the Civil Code (“the Code”)

[4]        Article 1026 of the Code relevant to the current application, provides as follows:

            “If the succession consists of immovable property, or of both immovable and movable      property, and if the testator has not appointed a testamentary executor or if an executor so appointed has died or if the deceased has left no will, the Court shall appoint such an    executor, at the instance of any person or persons having a lawful interest. A legal person         may be appointed as an executor. But a person who is subject to come legal incapacity             may not be so appointed.”

            Conclusion

[5]        Being satisfied as to the evidence afore-illustrated and finding that the Petitioner is a fit and proper person and not subject to any legal incapacity to act as Executor to the estate of the deceased, I hereby appoint the Petitioner as Executrix to the estate of the deceased.

[5]       The petition is granted accordingly.

 

 

Signed, dated and delivered at Ile du Port on the 16th day of August 2019.

 

 

 

 

S. Andre