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Terms Used In 15 Guam Code Ann. § 2627

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • 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.
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Oath: A promise to tell the truth.
  • Personal property: All property that is not real property.
  • Probate: Proving a will
on complaint made under oath by a personal representative or other person interested in the estate of a decedent, that any person is suspected of having embezzled, concealed, smuggled, or fraudulently disposed of any property of the decedent, or has in his possession or has knowledge of any deed, conveyance, bond, contract, or other writing, which contains evidence of or tends to disclose the right, title, interest or claim of the decedent to any real or personal property, or any claim or demand, or any lost will, the Superior Court of Guam may cite the suspected person to appear before the Superior Court of Guam, and may examine the suspected person on oath upon the matter of such complaint. If the suspected person is found innocent, his necessary expenses must be allowed him out of the estate.
SOURCE: Probate Code of Guam (1970), § 613.

§ 2629. Enforcement of Examination of Person Suspected of
Embezzlement of Decedent‘s Property.
If the person cited pursuant to the provisions of Section 2627 of this Title refuses to appear and submit to an examination, or to answer such interrogatories as may be put to him, touching the matters of the complaint made pursuant to the provisions of Section 2627 of this Title, the Superior Court of Guam, by warrant for that purpose, may commit such person to the jail, there to remain until he submits to the order of the Superior Court of Guam or is discharged according to law. If, upon such examination, it appears that he has embezzled, concealed, smuggled, or fraudulently disposed of any property of the decedent, or that he has in his possession or knowledge any of the papers or documents mentioned in Section 2627 of this Title, the Superior Court of Guam may make an order requiring him to disclose his knowledge thereof to the personal representative, and may commit him to the jail, there to remain until the order is complied with or he is discharged according to law. All such interrogatories and answers must be in writing, signed by the party examined, and filed in the Superior Court of Guam. In addition to the

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15 Guam Code Ann. ESTATES AND PROBATE
CH. 26 INVENTORY AND APPRAISEMENT

examination of the party, witnesses may be produced and examined on either side.
SOURCE: Probate Code of Guam (1970), § 614.

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