Puailoa v. Fanene

7 Am. Samoa 3d 228
CourtHigh Court of American Samoa
DecidedMay 1, 2003
DocketMT No. 05-01
StatusPublished

This text of 7 Am. Samoa 3d 228 (Puailoa v. Fanene) is published on Counsel Stack Legal Research, covering High Court of American Samoa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Puailoa v. Fanene, 7 Am. Samoa 3d 228 (amsamoa 2003).

Opinion

[229]*229OPINION AND ORDER

Claimant Tepatasi M. Puailoa (“Tepatasi”) filed with the Territorial Registrar his succession claim to the Puailoa matai title and, in accordance with the statute made and provided for in these cases, the Territorial Registrar publicly posted the claim between December 29, 2000 and February 28, 2001. In due course, Tuitogamaatoe P. Fanene (“Tuitogamaatoe”), La'au Seui (“La'au”), Ma'ae Taei (“Ma'ae”), Archie Soliai (“Archie”), and Avea Va'afusuaga (“Avea”) filed their respective succession claims. The resulting dispute, certified “irreconcilable” by the Secretary of Samoan Affairs on May 29, 2001, was eventually referred to the Land and Titles Division in accordance with A.S.C.A. § 1.0409. The matter came on for trial January 27, 28, and 29, 2003, with all parties appearing with counsel. At the conclusion of the evidence, and upon the filing of written final arguments, the matter was taken under advisement.

As in all matai title succession disputes, the Court is mandated to follow the four criteria set out in A.S.C.A. § 1.0409(c): (1) best hereditary right; (2) clan support; (3) forcefulness, character and personality, and knowledge of Samoan customs; and (4) value to family, village, and country.

1. Best Hereditary Right

This Court has resorted to one of two formulas to calculate the statutory and customary requirement of “hereditary right:” direct descent from the original titleholder and direct descent from the nearest titleholder. See In re Matai Title "Mulitauaopele", 17 A.S.R.2d 75 (Land & Titles Div. 1990). While the former may be appropriately used where family history is largely harmonious, In re Matai Title "Misaalefua”, 1 A.S.R.3d 23, 25 (App. Div. 1997), the vast majority of cases have employed the latter, In re Matai Title "Leiato ”, 3 A.S.R.2d 133, 134 (App. Div. 1986). Here, each party has submitted his/her respective family tree. But these have proven rather difficult to reconcile, even showing inconsistencies in detail among closely related candidates. In circumstances such as here, where family history and genealogical understanding is contentious, the traditional formula for evaluating hereditary right, the shortest descent path to the nearest titleholder, is the overwhelmingly favored yardstick among matai succession candidates. The matter before us proved to be no exception, with the candidates readily resorting to the traditional rule.

Tepatasi, Tuitogamaatoe, Avea, & Ma 'ae

Tepatasi and Tuitogamaatoe, brother and sister, each claim 50% entitlement since the nearest titleholder in their ancestral line was [230]*230Puailoa Tavete, their late father. The pedigree of candidates Avea and Ma'ae show their respective degree of right as 6.25%. The hereditary claims of these four candidates are undisputed.3

La 'au

La'au also claims 6.25% entitlement tracing his pedigree along the same descent lines as have Tepatasi, Tuitogamaatoe, Avea, and Ma'ae. The latter, however, strongly oppose La'au’s claim. La'au’s genealogical claim is that Puailoa Faletutulu had another son in addition to Puailoa Vaiuli, and that being Filipo, La'au’s great-grandfather. In support of his hereditary claim, La'au cites to recent instances where his father, orator Seui La'au, acted as family spokesman for certain Puailoa family affairs during the administration of Puailoa Tavete. Moreover, La'au points to a past succession contest, that came before the High Court as Pua'ae'o v. Sapunu, No. 10-1935 (the “1935 succession case”), in which his paternal grandmother, Fa'alogoifo, was a signatory supporter of one the candidates named Sipunu.

The weight of the evidence suggests, however, that Faletutulu had only one son, Vaiuli, who was himself without issue. The evidence indisputably shows that Faletutulu had two sisters, or nieces according to Avea’s gafa (genealogy), named Aioleolo and Taoa. Taoa’s line ended with Puailoa Nouata, who also passed on without issue, while Aioleolo’s children gave rise to the most recent titleholders Pua'aelo and Tavete, as well as candidates Tepatasi, Tuitogamaatoe, Avea and Ma'ae.

Notwithstanding La'au’s contentions, a person’s participation in a Samoan family fa 'alavelave does not ipso facto translate conclusively into evidence of family membership through hereditary connection. The authorities have long ago recognized that under Samoan custom, all persons who live in a Samoan family are considered family members, although not necessarily blood members. Vaotuua Family v. Puletele, 3 A.S.R. 145, 147 (Trial Div. 1955). Likewise, those married into a Samoan family are regarded as family members even though they are not blood members. Asuega v. Mauga, 3 A.S.R 70, 73 (Trial Div. 1953). [231]*231However, since the enactment of A.S.C.A. § 1.0409(c), blood connection has become a pre-requisite to matai succession eligibility.

In this matter, La'au’s father, orator Seui, referred to Sipunu on the witness stand as his mother’s “brother.” Sipunu, however, acknowledged in his pleadings that he was an “adopted” family member. The 1935 succession case’s genealogical charts,4 while pointing out that Puailoa Vaiuli and Sipunu were first cousins once removed, also pointed out that Vaiuli and Sipunu’s kinship connection arose outside the Puailoa family tree. This is also the version of family history as given to Avea by her ancestors; that is, La'au’s grandmother Fa'alogoifo was kin to Faletutulu’s wife, not Faletutulu. Finally, we note that the 1935 succession case did not go to trial; significantly, it was settled out of court after Sipunu had withdrawn his unsupported claim to the title in favor of Pua'aelo, an undisputed blood heir.

All in all, we find La'au’s hereditary connection claim to be, at best, doubtful.

Archie

Archie claims his degree of hereditary right as 1/128 or .008%. He singularly traces his heritage to a Puailoa Leo'o, said to be the original titleholder. The evidence here shows that the Puailoa family’s modem history began with the admission of Puailoa into the Nu'uuli village council, and thus recited in the village fa'alupega (salutation or honorifi.cs) and included in the village constitution, following a marriage alliance with a daughter of High Chief Soliai. Archie’s pedigree, however, does not pursue this acknowledged and well known Soliai connection, which brought the Puailoa to the Nu'uuli village council, but rather reaches out into the realm of myth and legend, to the tabled original titleholder known simply as “Leo'o.” The connection is tenuous.

Moreover, Archie’s position on family history with regards to the listing of prior titleholders, is, like that of a number other candidates in this matter, restricted to, or coincides with, the record of the 1935 succession case. The 1935 succession case has listed between Leo'o and Ta'aseu, the following as Puailoa titleholders: Saumalegalu, Tevita, and Tagipuia. This history varies markedly with the history given in the case Alo Taisi v. Puailoa, HC No. 4-1908, where the Puailoa at the time lists, under oath, the following as preceding Ta'aseu: Pulumalesama, Taligalu, Tavili, Faifa, and Taligataleoo. (Trial tr. at 75). This seeming confusion adds another dimension to Archie’s pedigree; and that is, its reliability in terms of detailing accurately all generations in his line assuming direct

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7 Am. Samoa 3d 228, Counsel Stack Legal Research, https://law.counselstack.com/opinion/puailoa-v-fanene-amsamoa-2003.