2.4.Voor zover relevant, luidt het testament als volgt:
2. BEQUESTS
A. I bequeath, not free of duties and costs, to be transferred within twelve months after my death, subject to the hereinafter under 2.B. described right of usufruct:
a. my undivided share in a parcel of land situated at [adres] in Sint Maarten, further described in certificate of admeasurement number […/….], on which certain buildings are constructed and will be divided in ten rights of apartments (units), to which units the arabic numbers 1 throug 10 will be given, as further depicted on a sketch consisting of three pages, which will be attached to the original of this last will; and
b. the exclusive right of use of a certain unit, which respective bequeathed unit will be specified hereinafter;
to wit:
1. to: [eiser1], born in Sint Maarten on February [number], nineteen hundred and seventy-[number]: an one/tenth undivided part and portion in the sub 2.A.a. property; and the exclusive right of use of unit number 1;
2. to: [name], born in Sint Maarten, on October [number], nineteen hundred and eighty-[number]: an one/tenth undivided part and portion in the sub 2.A.a. described property; and the exclusive right of use of unit number 2;
3. to: [eiser2]., born in Sint Maarten on September [number], nineteen hundred and eighty-[number] at present residing in [state], [country].:
an one/tenth undivided part and portion in the sub 2.A.a. described property; and the exclusive right of use of unit number 3;
4. to: [name], born in [state], [country], on January [number], nineteen hundred and eighty-[number], residing at [adres], Sint Maarten: a three/tenth undivided part and portion in the sub 2.A.a. described property; and the exclusive right of use of units numbers 4, 6 and 7;
such under the hereinafter mentioned conditions:
i.
i) in case [name] die before or simultaneously with me or within thirty (30) days after me, I declare that his father [gedaagde2],
born in [state], [country], on November [number], nineteen hundred and fifty-[number] will acquire said three/tenth (3/10) undivided part and portion
in the property described under sub 2.A.a., and said exclusive right of use of units numbers 4, 6 and 7;
ii) of administration, as specified hereinafter under 3.;
5. to: [name], born in Sint Maarten on November twenty-[number], nineteen hundred and ninety-[number], [adres]: an one/tenth undivided part and portion in the sub 2.A.a. described property; and the exclusive right of use of unit number 5;
6. to: [name], born in Sint Maarten on August twenty-[number], nineteen hundred and seventy-[number], residing at [adres], Sint Maarten:
an one/tenth undivided part and portion in the sub 2.A.a. described property; and the exclusive right of use of unit number 8;
7. to: [eiser2], born in [state], [country] on May [number], nineteen hundred and fifty-[number], [adres]: an one/tenth undivided part and portion in the sub 2.A.a. described property; and the exclusive right of use of unit number 9;
8. to: [gedaagde2], born in [state], [country], on November [number], nineteen hundred and fifty-[number], residing at [adres]: an one/tenth undivided part and portion in the sub 2.A.a. described property; and the exclusive right of use of unit number 10;
(…)
4. SOLE HEIRS
Under the burden of aforementioned bequests, I appoint as sole heirs of my estate:
1. for one per cent (1%): my aforementioned spouse, Mr. [naam]; and
2. for ninety-nine per cent (99%):
- [eiser1] aforementioned;
- [gedaagde2], aforementioned;
- [eiser2] Concepcion, aforementioned; and
- [name], aforementioned; and
- [gedaagde1], born in [state], [country], on July [number], nineteen hundred and fifty-[number];
jointly and for equal part and portion.
5. APPOINTMENT ADMINISTRATOR/EXECUTOR
In the interest of my aforementioned heirs, I institute an administration for the settlement of my estate ("afwikkelingsbewind") and appoint as administrator with the powers of a fully authorized executor ("met afwikkelingsbevoegdheid") to fully wind up my estate and to take care of my funeral: my aforementioned daughter: [gedaagde1].
Only in case that my aforementioned daughter [gedaagde1] is no longer able or willing to accept those appointments, I appoint as administrator with the powers of a fully authorized executor ("met afwikkelingsbevoegdheid") and with full authority to fully wind up the estate: my son [eiser1], aforementioned; and as his successor [gedaagde2], aforementioned;
Duties
The executor has the duty to arrange my funeral and to administer all assets of the inheritance and to use them to pay any debts of the inheritance.
Representation
The executor represents the heirs and can in this quality also act as another party with regard to herself/himself.
No power to dispose of property
During the period in which the executor administers the inheritance, the heirs cannot dispose of the property of the inheritance without the consent of the executor or an authorization of the court
Right to convert assets to cash
The executor has the right to convert the assets she/he administers into cash, insofar this is necessary to pay the debts of the inheritance. The executor does not require permission of the heirs to convert an asset into cash.
Remuneration
The executor is not granted a compensation for her/his efforts. In case of unforeseen circumstances, the court can make alternative compensation arrangements if so requested by the executor or one of the heirs. Expenses made by the executor are borne by my heirs, based on their respective shares.
Inventory
The executor shall without undue delay draw up an inventory which includes a preliminary valuation of the debts of the inheritance.
Estate notary
The executor is authorized to appoint a civil law notary to handle the division of my inheritance.
Obligation to provide information
The executor is under the obligation to supply the heirs with all information they request regarding the execution of her/his duties.