will 560x170

Ask a will, trust or estate question, get an answer ASAP!
Thousands of highly rated, verified estate & trust lawyers.
Click here to chat with a lawyer about your rights.

Terms Used In 15 Guam Code Ann. § 3425

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Probate: Proving a will
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
motion for a new trial in probate proceedings can be made only in cases of contests of wills, either before or after probate, in proceedings to determine heirship and interests in estates, and in those cases where the issues of fact, of which a new trial is sought, were of such character as to entitle the parties to have them tried by the Superior Court of Guam whether or not they were so tried.
SOURCE: Probate Code of Guam (1970), § 1231.

§ 3427. Costs: Discretion to Order Payment by Parties or From
Estate.
When not otherwise prescribed by this Title, either the Superior Court of Guam or the court on appeal may, in its discretion, order costs to be paid by any party to the proceedings, or out of the assets of the estate, as justice may require.

SOURCE: Probate Code of Guam (1970), § 1233; Guam Law Revision
Commission.

§ 3429. Applicability of Title 7, Guam Code Annotated (Civil
Procedure).
Except as otherwise provided in this Title, the provisions of Title 7
Guam Code Annotated commencing with Chapter 11 and the Guam Rules of Civil Procedure are applicable to and constitute the rules of practice in the proceedings mentioned in this Title with regard to trials, new trials, appeals, records on appeal, and all other matters of procedure.

SOURCE: Probate Code of Guam (1970), § 1233.

COMMENT: (1993) The original Title 15 referred to Part II of the Code of Civil Procedure. The Code of Civil Procedure has been codified as Title 7 of the Guam Code Annotated and, pursuant to its terms, the Guam Rules of Civil Procedure have been adopted, replacing much of the Code dealing with procedure. Therefore, the

COL061308
15 Guam Code Ann. ESTATES AND PROBATE
CH. 34 NOTICES, ORDERS, PROCEDURE, APPEALS, FORMS

Compiler has changed the reference to the former Code of Civil Procedure to refer to the same law as was in existence at the time this section was first adopted.

  Previous section
Next section  
 Chapter 34 Contents