In re the Estate of Pablo ex rel. Blas
In re the Estate of Pablo ex rel. Blas
Opinion of the Court
OPINION
After oral argument was heard, Judge Gilmartin died.
The appellant is the administratrix of the estate of her deceased mother. The appellee filed a petition in the Island Court, dated July 9, 1954, in which he alleged that he had purchased certain real property from Dolores Flores Pablo, and a deed was executed. The administratrix, through counsel, answered August 5, 1954, and alleged that any agreement was contrary to the statute of frauds and that the statute of limitations had run. The Court took evidence and entered its decision September 17, 1954, in which it held that a deed of sale had been executed in 1939 to the land and that the appellee took possession of the land and built a residence thereon; that the deed was not recorded at the request of the deceased grantor because of an existing mortgage on the land involved herein and other land; that the administratrix had subsequently requested an attorney to prepare a deed but had refused to execute it. The Court directed a judgment that the administratrix should execute a deed of conveyance.
From this judgment the administratrix noticed an appeal September 24, 1954. The appeal was never docketed, and the appellant moved this Court to dismiss it under date of May 19, 1955. Before this motion was set for hearing and under date of June 2, 1955, the parties stipulated that the files should be returned to the Island Court for further proceedings. This Court, acting through its presiding judge, ordered, under date of June 3, 1955, “that the files and records in the above-entitled action shall be referred to
Counsel were notified by the Island Court under date of June 22, 1955 that the files had been returned and that a conference would be held July 5, 1955 at 1:30 p.m. Under date of December 5, 1955 the appellee moved to dismiss the appeal in the Island Court. A similar motion was filed October 9, 1956, but this was not set for hearing until January 31, 1958. Under date of October 6, 1958 the Island Court entered an order dismissing the appeal for unreasonable delay. This was followed by an ex parte motion filed March 24, 1959 to require the administratrix to execute a deed and a concurrent order of the same date. The administratrix did not comply, but under date of April 3, 1959, the administratrix, having changed counsel, moved this Court to order the suspension of proceedings in the Island Court pending further orders of this Court. The case was not docketed at the time, and under date of September 28, 1960, the clerk of this Court notified counsel that if the appeal was docketed the Court would hear the matter November 19, 1960; that all briefs and reply briefs must be filed not later than ten days before the date of hearing. The minutes in this Court show the entry of an order September 30, 1959 for the continuance of the appeal until a transcript was furnished; that on June 30, 1960, the case was continued to allow appellant to perfect her appeal and arguments were heard November 19, 1960.
This case is a striking example of the evils of delay, for which this Court must accept its fair share of responsibility. At the time the original petition was filed in 1954, the Court below conducted an extensive hearing. That Court was confronted with the task of trying to determine what happened in 1939 at a time when land had a very limited value, but the economy of Guam was quite different as well. A consideration which might strike us today as being triv
We have now examined the files and transcript in the case and determine that there is nothing in the appellant’s
Reference
- Full Case Name
- In re the Estate of DOLORES FLORES PABLO by ISABEL PABLO BLAS, Administratrix, JOSE Q. TALABERA
- Status
- Published