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Terms Used In 15 Guam Code Ann. § 615

  • Devise: To gift property by will.
  • Intestate: Dying without leaving a will.
  • Probate: Proving a will
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Testator: A male person who leaves a will at death.
e term Aheirs,@ or other words of inheritance, are not requisite to devise a fee, and a devise of real property passes all of the estate of the testator, unless otherwise limited.

SOURCE: Probate Code of Guam (1970), § 107.

§ 617. Effect of Disposition to “”Heirs,”” etc.; Distinction Between
Words of Donation and Words of Limitation.

A testamentary disposition to Aheirs,@ Arelations,@ Arepresentatives,@ Alegal representatives,@ Apersonal representatives,@ Afamily,@ Anearest of kin@ or Anext of kin@ of any person, without other words of qualification,
and when the terms are used as words of donation and not of limitation, vests the property in those who would be entitled to succeed to the property of the testator and in the same shares, as if the testator had died intestate. Such terms are used as words of donation, and not of limitation, when the property is given to the person so designated directly, and not as a qualification of an estate given to the ancestor of such person.

SOURCE: Probate Code of Guam (1970), § 108.

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