) The allowance provided in Section 2415 of this Title may be granted by the Superior Court before the inventory is filed, in which case it shall continue until modified by the Superior Court. After the inventory is filed the Superior Court may grant such allowance, or may modify any allowance made before the filing of the inventory, upon the petition of any person interested, and a hearing after notice is given in the manner provided in Section 3401 of this Title.

(b) Notwithstanding any other provision of law, no stay shall be had of the payment of any allowance provided in Section 2415 of this Title, or of any installment thereof, pending appeal from an order relating thereto. If the Superior Court of Guam, acting under the provisions of Section 942 of the Code of Civil Procedure, dispenses with or limits the security required of the person who appeals such order, it may in its discretion required that the person in whose favor the allowance provided in Section 2415 of this Title was made provide security such as that required of a personal representative under the provisions of Subchapter B of Chapter 20 of this Title, to the effect that if the order appealed from, or any part thereof, be so modified or reversed that such allowance, or any part thereof, proves to be unwarranted, the same shall, unless deducted from any final or partial distribution ordered in favor of the person in whose favor such allowance was awarded, be repaid and refunded into said estate, and, if not so repaid and refunded within thirty (30) calendar days after the Superior Court shall so order following such modification or reversal, judgment may be entered therefor, on the motion of the personal representative of said estate, in favor of such personal representative and against the person in whose favor such allowance was made and the sureties, if any, on his undertaking or other form of security as provided in this subsection, for such amount, together with interest and costs.

SOURCE: Subsection (a): Probate Code of Guam (1970), § 681. Subsection (b): California Probate Code, § 684 (as amended); Guam Law Revision Commission.

COMMENT: The Probate Code of Guam (1970) contained no provision concerning stays of family allowance upon appeal. The Commission has thus added subsection (b), which is based on a similar provision of California law (although it is somewhat less complex than the California version), to fill that void.

COL120106
15 Guam Code Ann. ESTATES AND PROBATE
CH. 24 SUPPORT OF FAMILY: HOMESTEAD AND
EXEMPT PROPERTY, FAMILY ALLOWANCE
§ 2419. Family Allowance: Where Persons Entitled Have Other
Support.
If any person otherwise eligible for the allowance provided in Section 2415 of this Title has a reasonable maintenance derived from other sources, and there are other persons entitled to such allowance, the allowance shall be granted only to those who have not such maintenance.

SOURCE: California Probate Code, § 682 (as amended).

COMMENT: The equivalent section of the Probate Code of Guam (1970) has been altered in order that it comport with the revised provisions of § 2415. If, for example, a mentally incapacitated adult child of the decedent lives in a public institution and is reasonably provided for by that institution, then the provisions of
§ 2419 allow the court to grant a family allowance only to such other eligible persons — e.g., the surviving spouse, minor children — as might need it.