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Terms Used In 15 Guam Code Ann. § 1621

  • Decedent: A deceased person.
  • Probate: Proving a will
ilure to contest a will under the provisions of this Chapter does not preclude the subsequent probate of another will of the same decedent.
SOURCE: Probate Code of Guam (1970), § 385.

COMMENT: The premise underlying § 1621 is that the offer of another will to probate is not a contest of a will previously admitted, and thus should not come under the provisions of Chapter 16. Section 385 of the California Probate Code (which is identical to § 385 of the Probate Code of Guam (1970), on which § 1621 is based) was added to the California Probate Code in 1931, apparently to codify the decision made in In re Moore’s Estate (1919), 182 P. 285, 180 C. 570. The Moore decision is encapsulated as follows in the following comment by Perry Evans, at 19 C.L.R. 602, 607 (1931): “”When a will has been admitted to probate and the time to contest the same has passed, may another document be offered for probate and established as the true will? It was so held in Estate of Moore [citations], and it is so stated in this new section.””

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