In re: Ex Parte: Marguerite Marie Dugasse (XP 220/2016) [2017] SCSC 873 (5 June 2017)

In re: Ex Parte: Marguerite Marie Dugasse (XP 220/2016) [2017] SCSC 873 (5 June 2017)

The application was dismissed because the applicant failed to provide evidence that the deceased's succession consisted of immovable or movable property, as required under Article 1026 and Article 774 of the Civil Code.

Citation
[2017] SCSC 873
Parties
Petitioner: Marguerite Marie Dugasse
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
5 June 2017
Case Number
XP 220/2016
Procedural Posture
Ex Parte Application for Appointment of Executrix / Ruling on Application
Outcome
Application dismissed
Legal Topics
Appointment of Executor, Intestate Succession, Proof of Entitlement to Estate
Source Language
English
Succession Law Appointment of Executor Intestate Succession Proof of Entitlement to Estate

Case Brief

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Parties

Marguerite Marie Dugasse

Petitioner

Procedural Posture

Ex Parte Application for Appointment of Executrix / Ruling on Application

Legal Issues

  1. 1 Whether the applicant has provided sufficient evidence to be appointed executrix of the deceased's estate under Article 1026 of the Civil Code
  2. 2 Whether the succession consists of immovable or movable property as required by law

Ratio Decidendi

The application was dismissed because the applicant failed to provide evidence that the deceased's succession consisted of immovable or movable property, as required under Article 1026 and Article 774 of the Civil Code.

Court Disposition

Application dismissed

Orders

  • Application for appointment of executrix is dismissed.