15 Guam Code Ann. § 2911
Terms Used In 15 Guam Code Ann. § 2911
- Decedent: A deceased person.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Personal property: All property that is not real property.
- Probate: Proving a will
COL120106
15 Guam Code Ann. ESTATES AND PROBATE
CH. 29 ADVANCEMENTS, ADEMPTION, PARTITION BEFORE DISTRIBUTION
tion, to a partition, allotment or other division thereof, any one or more of them, or the personal representative, at the request of any one or more of them, may petition the Superior Court to make such partition, allotment or division of the property as will be equitable and will avoid the distribution of undivided interests.
SOURCE: Probate Code of Guam (1970), § 1100.
COMMENT: Sections 2911 – 2929, inclusive, have been largely taken from §§ 1100 – 1106 of the Probate Code of Guam (1970). The only change made by the
Commission has been a slight alteration of the wording of § 2913, following the California model; see Comment to § 2913. The other changes to §§ 2911 – 2923, inclusive, have been made merely to indicate that the provisions of those Sections cover a different subject-matter area than the provisions of §§ 2901 – 2909, inclusive. Under the Probate Code of Guam (1970) this was not a problem, because the provisions concerning partition before distribution occupied their own chapter. The Commission has conflated these provisions with the provisions concerning advancements and ademptions into a single Chapter for the sake of convenience and efficiency; however, it is not the Commission’s intention to alter the substantive provisions of either subject-matter area to any greater extent than might be gleaned from the texts of the Sections in Chapter 29, or from the Comments thereto.