Lisa Rdiall, representing the estate of her father Hiromi Rdiall challenged the trial court’s determination that Dirrairachel Salii Adelbai was a strong member of Ibai Lineagebecause she failed to contribute much to the clan’s custom.
Chief Justice Arthur Ngiraklsong, Associate Justice Alexandra Foster and Part-Time Associate Justice Katherine A. Maraman in an opinion order dated March 11, affirmed the trial court’s findings and stated in their order that it was not clearly erroneous for the trial court to find that Adelbail retained her strong status despite her failure to participate in the Lineage affairs.The Justices stated in their order that “Rdiall did not elicit expert testimony for the proposition that an ochel member’s lack of services can render her so weak that she need not be notified when another Lineage member purports to transfer the clan’s land to himself.”“This is important because custom is a matter of fact and matters of custom are resolved according to the record presented in each case,” the Justices stated.Rdiall’s father Hiromi was Tichiau’s biological grandson and adopted son while Adelbai was Tichiau’s biological niece and adopted daughter.Tichiau was a strong member of Ibai Lineage and an adopted daughter of Tamei or Tomei, an ourrot. Ourrot is the oldest female of high family.Hiromi filed a claim to Limbo, the principal house site of Ibai Lineage, which was listed in the Tochi Daicho under the name of Techitong, Tichiau’s sibling.The Limbo was awarded to Hiromi in 1993 after the death of Techitong and Sakuma, Tichiau’s son and was made the trustee for Ibai Lineage.Hiromi applied for a loan and attempted to use the land as collateral. He obtained sworn statements that he was the sole strong and senior member of the clan and that he was Tichiau’s only surviving child and he had full authority as trustee to administer the use and mortgage of the land.He requested the court for a new Certificate of Title for Limbo but this time in his individual name and not as trustee for the clan.When Hiromi died in 2004, his daughter Lisa Rdiall filed a petition to open his estate and appoint her as Administratrix of the estate. The land was listed as one of the assets of Hiromi’s estate.Adelbai in 2007, filed a claim to the estate and objected to Limbo being listed as an estate asset. Adelbai claimed she did not know that Hiromi acquired Limbo as his own property until his death.A trial was held in April 2007 and the trial court issued a decision and judgment and determined that Adelbai was a strong senior member of the clan who had standing to challenge the issuance of the 1997 Certificate of Title.The trial court ruled that because Limbo is the “omsolei a blai, the identity of the Lineage, members of the Lineage including appellee as a senior strong member should have had a say in its distribution.Further the trial court determined that because Adelbai did not receive notice and an opportunity to be heard before the Land Court awarded Limbo to Hiromi , the 1997 Certificate of Title for Limbo was void and that the land was not an asset of Hiromi’s estate.The Supreme Court affirmed the trial court’s findings.
