Terms Used In 7 Guam Code Ann. § 41101

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Personal property: All property that is not real property.
  • Trustee: A person or institution holding and administering property in trust.
Whenever any resident of the Territory of Guam, who owns or is entitled to the possession of any real or personal property situated therein, is missing, or his whereabouts unknown, for 90 days, and a verified petition is presented to the Superior Court by his wife or any of his family or friends, representing that his whereabouts have been, for such time, and still are unknown, and that his estate requires attention, supervision and care of ownership, the court must order such petition to be filed, and appoint a day for its hearing, not less than 10 days from the date of the order. The clerk of the court must thereupon publish, for at least 10 days prior to the day so appointed, a notice on the public bulletin boards in Agana, stating that such petition will be heard at the courtroom of the court at the time appointed for the hearing. The court may direct further notice of the application to be given in such manner and to such persons as it may deem proper. At the time so fixed for such hearing, or at any subsequent time to which the hearing may be postponed, the court must hear the petition and the evidence offered in support of or in opposition thereto, and, if satisfied that the allegations thereof are true, and that such person remains missing, and his whereabouts unknown, must appoint some suitable person to take charge and possession of such estate, and manage and control it under the direction of the court. In appointing a trustee, the court must prefer the wife of the missing person (if any such there is), or her nominee, and, in the absence of a wife, some person, if such there is who is willing to act, entitled to partici- pate in the distribution of the missing person’s estate, were he dead.
SOURCE: CCP § 1822 (Part III, Title XI of the CCP.)