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Terms Used In 21 Guam Code Ann. § 25101

  • Bequest: Property gifted by will.
  • Devise: To gift property by will.
  • 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.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • 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.
  • Personal property: All property that is not real property.
  • Probate: Proving a will
An action may be brought by any person against another who claims an estate or interest in real or personal property, adverse to him, for the purpose of determining such adverse claim, provided however, that whenever in an action to quiet title to, or to

COL 6/21/2023

21 Guam Code Ann. REAL PROPERTY
CH. 25 ACTIONS CONCERNING REAL ESTATE

determine adverse claims to, real or personal property, the validity or interpretation of any gift, devise, bequest, or trust, under any will, or instrument purporting to be a will, whether admitted to probate or not, shall be involved, such will, or instrument purporting to be a will, is admissible in evidence; and all questions concerning the validity of any gift, devise, bequest, or trust therein contained, save such as belong exclusively to the probate jurisdiction, shall be finally determined in such action; provided, that if the said will shall have been admitted to probate and interpreted by a decree of the Superior Court sitting in probate, which decree has become final, such interpretation shall be conclusive as to the proper construction of said will, or any part thereof, so construed, in any action under this section.

SOURCE: CCP § 738. AIsland@ changed to Superior Court by Compiler.

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