In re the Estate of Joseph

Virgin Islands

In re the Estate of Joseph

3 V.I. 440, 1957 U.S. Dist. LEXIS 2312

CourtDistrict Court, Virgin Islands

DecidedJuly 12, 1957

DocketProbate No. 15 - 1955

StatusPublished

This text of 3 V.I. 440 (In re the Estate of Joseph) is published on Counsel Stack Legal Research, covering District Court, Virgin Islands primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In re the Estate of Joseph, 3 V.I. 440, 1957 U.S. Dist. LEXIS 2312 (vid 1957).

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Opinion

GEORGE A. MENA, District Court Commissioner

It appearing from the record that the husband-petitioner, LeRoy C. Joseph, alleges and claims that real property No. 22 Gamle Gade, Crownprince Quarter, St. Thomas, is owned by him in his separate right, and, the Court sitting in probate having no jurisdiction to determine title to real property, the Commissioner finds that the interest and title of the husband-petitioner, LeRoy C. Joseph, in the above-mentioned property should be determined in a separate civil action in this court. Estate of Ellen Albertina Augusta Malone, Deceased, Probate No. 21-1948; Estate of Max L. Daniel, Deceased, Probate No. 24-1956; 21 C.J.S. Courts §§ 303(a) and (b) ; 15 C.J. § 428, p. 1017, note 7, and numerous authorities cited therein. Also, see probate jurisdiction of District [441]*441Court, St. Thomas Code (1921), Title III, chapter 71, section 1, page 255 (15 V.I.C. §§ 161, 801).

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GEORGE A. MENA, District Court Commissioner

It appearing from the record that the husband-petitioner, LeRoy C. Joseph, alleges and claims that real property No. 22 Gamle Gade, Crownprince Quarter, St. Thomas, is owned by him in his separate right, and, the Court sitting in probate having no jurisdiction to determine title to real property, the Commissioner finds that the interest and title of the husband-petitioner, LeRoy C. Joseph, in the above-mentioned property should be determined in a separate civil action in this court. Estate of Ellen Albertina Augusta Malone, Deceased, Probate No. 21-1948; Estate of Max L. Daniel, Deceased, Probate No. 24-1956; 21 C.J.S. Courts §§ 303(a) and (b) ; 15 C.J. § 428, p. 1017, note 7, and numerous authorities cited therein. Also, see probate jurisdiction of District [441]*441Court, St. Thomas Code (1921), Title III, chapter 71, section 1, page 255 (15 V.I.C. §§ 161, 801).

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3 V.I. 440, 1957 U.S. Dist. LEXIS 2312, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-joseph-vid-1957.