The Petitioner filed a petition that the petitioner got a request from Miss Orawan Rongkaphan who is the legitimate child of Mistress Lengpai Rongkaphan, the deceased who died intestate or no appointed trustee. The extenuating circumstance in legacy execution caused the petition filed for the order of the court to appoint Miss Orawan Rongkaphan as the trustee of the dead.
The court declared inquisition and no objections.
The investigation officials received the testimony of the petitioner that the deceased was living as husband and wife without legally married and have 3 children who are Miss Orawan
Rongkaphan, Mistress Nopporn Rongkaphan, and Miss Chanporn Rongkaphan, of which current parents and husband of the deceased had previously died according to the copy of house registration, the copy of national identification card, public account of kinship and the copy of death certificate Ror.1, Ror. 2, Ror. 4 to 7, Ror. 9, and Ror. 10. Later, on 29 August 2554 the deceased died of shingles, having her domicile at 70-72-74 Phupakdi Road, Tambon Bangnak, Amphur Muang Narathiwat, Narathiwat according to the copy of death certificate and the copy of house registration Ror.8 and Ror.3. Before death, the deceased was intestate or did not appoint trustee. The estate of the deceased includes land and cash deposit in bank accounts. According to the copy of title deed and the copy of a bank statement Ror. 11 to Ror. 14, the legacy execution was dissented due to Miss Orawan contacted the official in order to transfer the estate and share among heirs, but the official was unable to proceed and notified that it was required to appoint the trustee by court order. The petitioner then petitioned to the court to appoint Miss Orawan as the trustee of the deceased under the consent of all heirs of the deceased. Pursuant to the consent letter Ror. 15, the petitioner is neither insane nor virtual incompetent or bankrupt by court order.
The court considered and agreed that Miss Orawan Rongkaphan was the legitimate child of the deceased. Therefore, she is an heir who is entitled to the estate of the deceased. As legacy execution was dissented and Miss Orawan was not prohibited as the trustee according to Civil and Commercial Code Section 1718. The court deemed to appoint Miss Orawan as the trustee of the estate of the deceased.
The court then appointed Miss Orawan Rongkaphan as the trustee of the deceased; Mistress Lengpai Rongkaphan, having the right and duties under the law.