15 Guam Code Ann. § 1519
Terms Used In 15 Guam Code Ann. § 1519
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probate: Proving a will
- Testator: A male person who leaves a will at death.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
3401 of this Title, the Superior Court of Guam may admit a witnessed
will to probate and grant letters testamentary or letters of administration with the will annexed upon the evidence of one of the subscribing witnesses only, if the evidence shows that the will was executed in all particulars as required by law.
(b) If no one appears at the hearing to contest the probate, the evidence of subscribing witnesses may be received as follows:
(1) By the sworn testimony of one or more subscribing witnesses in open court;
(2) By the affidavit of one or more subscribing witnesses, to each of which there is attached a photographic copy of the will; or
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(3) By the deposition of one or more subscribing witnesses, taken elsewhere than in Guam; provided, that each such subscribing witness shall be presented upon his examination with a photographic copy of the will, and may be asked the same questions with respect to it and the handwriting of himself, the testator, and the other subscribing witnesses, as would be relevant and competent if the original will were present.
(c) Notwithstanding the provisions of subsection (a) of this Section, if no one appears at the hearing to contest the probate, and if the Superior Court of Guam is satisfied that the evidence of no subscribing witness can be procured after reasonable search or inquiry, and upon proof that due notice of the hearing has been given pursuant to the provisions of Sections 1517 and 3401 of this Title, the Superior Court of Guam may, if the will on its face conforms to all requirements of law, admit the will to probate and grant letters testamentary or letters of administration with the will annexed as follows:
(1) Upon proof of the handwriting of the testator and any one of the subscribing witnesses; or
(2) Upon proof of the handwriting of the testator and receipt in evidence either of a writing at the end of the document offered as a will bearing the purported signatures of all subscribing witnesses, or an affidavit of a person with personal knowledge of the circum- stances of execution, which writing or affidavit recites facts showing the due execution of the will.
(d) If the subscribing witnesses are competent at the time of attesting the execution, their subsequent incompetency, from whatever cause, will not prevent the probate of the will and the grant of letters testamentary or of letters of administration with the will annexed, if the will is otherwise satisfactorily proved under the provisions of this Section.
SOURCE: California Probate Code, § 329 (as amended).
‘ 1521. Proof of Will by Copy When Will is Outside Guam.
If the will of a person who at the time of death was a resident of Guam is detained beyond the jurisdiction of Guam, in a court of any State or United States territory, and cannot be produced for probate in Guam, a photographic copy of the will duly authenticated may be admit- ted to probate in Guam in lieu of, and have the same force and effect as,
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the original will. The same proof shall be required as would be required if the original will were produced.
SOURCE: Probate Code of Guam (1970), § 330.
COMMENT: See Comment to § 1509, supra, concerning the deletion from § 330 of the Probate Code of Guam (1970) references to wills made in foreign countries.