(a) If the decedent dies a minor, never having been married, and without issue, all the estate that came to the decedent by succession from either of the decedent’s parents goes in equal shares to the other children of such parent and to the issue of any other of such children who are dead, by right of representation; or if all the children of such parent are dead, and any of them has left issue, to such issue; and if all such issue are in the same degree of kindred to the decedent, they share equally, otherwise they take by right of representation.

(b) If the decedent dies a minor, never having been married, but leaving issue, the decedent’s estate shall be distributed pursuant to the provisions of Section 905 of this Title.

SOURCE: Subsection (a): Probate Code of Guam (1970), § 227. Subsection (b): Guam Law Revision Commission.

COMMENT: Section 227 of the Probate Code of Guam (1970) consisted of subsection (a) of § 915, except that it did not contain the words A…and without issue@ in the first sentence. This appears to have been intended to be an exception to
the general rules of succession, designed to cover a very narrow situation. As such, it was adequate. However, the Commission recognizes the reality that there are in Guam a certain number of unmarried minors with children; if § 227 of the Probate Code of Guam (1970) were merely carried over into the revised Probate Code, such minor decedents’ estates would be distributed without regard for their children. Although the Commission does not condone illegitimacy, illegitimate children nonetheless exist; and to deny them succession to their parents’ estates would per- haps work an additional hardship on them. Such hardship is alleviated by the inclusion of subsection (b).