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Terms Used In 15 Guam Code Ann. § 2567

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • 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.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Probate: Proving a will
  • Statute: A law passed by a legislature.
  • Testator: A male person who leaves a will at death.
en a testator devises land subject to a mortgage or other lien, other property specifically devised or bequeathed shall not be sold for the purpose of exonerating the encumbered property, unless a contrary intention can be gathered from the terms of the will, read in the light of the circumstances surrounding its execution. A mere direction that all the testator’s debts be paid is not sufficient evidence of such contrary intention.

SOURCE: Probate Code of Guam (1970), § 736.

§ 2569. Statute of Frauds; Personal Representative’s Promise to
Answer in Damages or Pay Debts of Decedent.
No personal representative is chargeable upon any special promise to answer in damages or to pay the debts of the decedent out of the personal representative’s own estate, unless the agreement for that

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15 Guam Code Ann. ESTATES AND PROBATE
CH. 25 PRESENTATION AND PAYMENT OF CLAIMS AGAINST THE ESTATE

purpose, or some memorandum or note thereof, is in writing signed by such personal representative, or by some other person by such personal representative thereunto specifically authorized in writing.

SOURCE: Probate Code of Guam (1970), § 737.

COMMENT: In the Probate Code of Guam (1970), the last word but five in § 737 is Athereunder.@ In § 737 of the California Probate Code, that word is Athereunto.@ The Commission is of the opinion that Athereunto@ is correct, and that the use of Athereunder@ in the Probate Code of Guam (1970) was an inadvertent mistake.

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