Terms Used In 7 Guam Code Ann. § 50212

  • 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
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
Assignees shall be allowed all necessary expenses in the care, management, and settlement of the estate, and shall be entitled to charge and receive for their services commissions upon all sums of money coming to their hands and accounted for by them, as follows: For the first one thousand dollars ($1,000.00), at the rate of seven percent (7%); for all above that sum and not exceeding ten thousand dollars ($10,000.00), at the rate of five percent (5%); and for all above that sum, at the rate of four percent (4%); provided, however, that if the person acting as assignee was receiver of the property of the estate pending the election of an assignee, any compensation allowed him as such receiver shall be deducted from the compensation to which he otherwise would be entitled as such assignee; and provided further, that if there should be two or more assignees the court shall order an equitable division of the compensation herein provided, and if for any reason an assignee’s term is completed before the final settlement of the estate and a successor is appointed, the court shall not allow to any such assignee prior to the settlement of the estate an amount exceeding four percent (4%) of the sums of money coming into his hands. Upon the final settlement of the estate an equitable distribution of the compensation of the assignee shall be made.
SOURCE: CCP § 1331.