Jennie S. Palting v. Fred E. Bordallo and Finton J. Phelan, Jr., Administrators-Appellants

Good Law
542 F.2d 511·1976 U.S. App. LEXIS 7355
United States Court of Appeals for the Ninth CircuitAugust 30, 197675-3832California438 words

Opinion

Opinion

ORDER DIRECTING CO-ADMINISTRATORS TO SUPPLY COPIES OF RECORDS

Paul D. Palting, a member of the bar of Guam who died in 1970 a resident of Guam, has bequeathed a legal mess to his heirs but the proceedings in his estate are puzzling beyond our present understanding from the record before us.

The two appellants seem to have been appointed Co-Administrators pending the probate of one the wills filed with the Island (now Superior) Court of Guam. Over five years have passed since they were appointed administrators yet no inventory has been filed. It is estimated the estate exceeds a million dollars.

The Co-Administrators are members of the Guam bar. Tentatively, it looks as if they represent some of the heirs who have legal issues with other heirs, as well as acting as administrators. If so, how can they perform without a conflict of interest?

Palting left surviving eight children. They were the issue of three wives.

Somewhere along the line a petition to determine heirship was filed by the first wife, Jennie S. Palting, who asserts Paying's Mexican divorce from her in 1950 is a nullity. The Co-Administrators appeared to support the validity of the Mexican divorce. Shouldn’t they…

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