MARIANA Rapugau Kani-Teigita, who owned lot 611 in Sadog Tasi and lot 663 in Sadog Dogas, “decided to depart from Carolinian customary law and performed a ‘partida,’ giving lot 611 to herself and her heirs, and lot 663 to her brother Jose Rapugau Kani and his heirs,” Superior Court Associate Judge Joseph N. Camacho stated in an order issued Wednesday.
He said the female family members consented to the partida, a customary form of land distribution that occurs when a parent who owns a permanent interest in land holds a family meeting and divides the property among the children.
In the CNMI, the judge added, Carolinian customary law is settled, and Carolinian custom guides the distribution of the estate of a Carolinian person who dies intestate or without a will.
In traditional Carolinian custom, moreover, land tenure is matrilineal: “farmland and town lots and buildings are owned collectively by the female members of the matrilineal lineages [and] lineage land is not divided when members of a lineage die.”
Because Kani-Teigita died on Feb. 4, 1969 without a will, Judge Camacho said he resorted to Carolinian custom for guidance.
He noted that her estate was not probated until 1989 and remained open as of the time of his order.
Her brother, Jose Rapugau Kani, died on June 6, 1946, but his estate was not probated until 2009 and remained open as of the time of Judge Camacho’s order.
Jose had four surviving children at the time of his death: Pedro Iguel Kani, Andres Iguel Kani, Anastacia Iguel Kani, and Magdalena Iguel Kani Ruak.
On Feb. 14, 2020, Eloy Dela Cruz, administrator for the Estate of Mariana, filed an amended petition for a decree of final distribution.
On Feb. 18, 2020, Joseph Ruak, administrator for the Estate of Jose, filed an objection to the amended petition for a decree of final distribution.
Eloy Dela Cruz was represented by attorney Rosemond Santos; Joseph Ruak was represented by attorney Brien Sers Nicholas; while Jennifer Teigita, a family representative for the heirs of Mariana’s son, Joaquin Kani Teigita, was represented by attorney Janet King.
