A testamentary disposition to a class includes every person answering to the description at the testator‘s death; but when the possession is postponed to a future period, it includes also all persons coming within the description before the time to which possession is postponed, unless in either case the contrary manifestly appears by the will to have been the intention of the testator. A child conceived before but born after a testator’s death, or any other period when a disposition to a class vests in right or in possession, takes, if answering to the description of the class.

SOURCE: Probate Code of Guam (1970), § 123; Guam Law Revision
Commission.

COMMENT: Section 123 of the Probate Code of Guam (1970) did not contain the words, A…unless in either case the contrary manifestly appears by the will to have been the intention of the testator.@ They have been was added to ensure that the
court will interpret a will according to the testator’s intention, to the greatest extent practicable.