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Terms Used In 15 Guam Code Ann. § 1905

  • Oath: A promise to tell the truth.
  • Probate: Proving a will
fore letters are granted to a person appointed to be a special administrator by the Superior Court of Guam, the appointee must provide such security for the faithful performance of his trust as the Superior Court of Guam may direct; and he must take the usual oath, and have the same endorsed upon his letters. Thereupon the Clerk of the Superior Court of Guam shall issue special letters of administration to him.

SOURCE: Probate Code of Guam (1970), § 462; Guam Law Revision
Commission.

COMMENT: Section 462 of the Probate Code of Guam (1970) provided that the person appointed to be special administrator was to give bond. This requirement has been broadened in § 1905; under § 1905 a special administrator must give security for the faithful performance of his trust, much like other personal representatives. It should, however, be noted that the provisions of Subchapter B of Chapter 20, infra (which Subchapter governs security for the faithful performance of executors, administrators with the will annexed and administrators,) do not cover special administrators: it is the Commission’s intention that the court have absolute discretion to provide for any form of security in special administrators’ cases, and it has thus exempted the special administrator situation from the provisions of Subchapter B of Chapter 20 so that the court might have such absolute discretion.