Guam § 1519 - Proof of Witnessed Will in Uncontested Proceedings.

§ 1519. Proof of Witnessed Will in Uncontested Proceedings.

(a) If no one appears to contest the probate at the hearing provided

in Section 1515 of this Title, and upon proof that due notice of the

hearing has been given pursuant to the provisions of Sections 1517 and

3401 of this Title, the Superior Court of Guam may admit a witnessed

will to probate and grant letters testamentary or letters of administration

with the will annexed upon the evidence of one of the subscribing

witnesses only, if the evidence shows that the will was executed in all

particulars as required by law.

(b) If no one appears at the hearing to contest the probate, the

evidence of subscribing witnesses may be received as follows:

(1) By the sworn testimony of one or more subscribing

witnesses in open court;

(2) By the affidavit of one or more subscribing witnesses, to

each of which there is attached a photographic copy of the will; or

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(3) By the deposition of one or more subscribing witnesses,

taken elsewhere than in Guam; provided, that each such subscribing

witness shall be presented upon his examination with a

photographic copy of the will, and may be asked the same questions

with respect to it and the handwriting of himself, the testator, and

the other subscribing witnesses, as would be relevant and competent

if the original will were present.

(c) Notwithstanding the provisions of subsection (a) of this Section,

if no one appears at the hearing to contest the probate, and if the Superior

Court of Guam is satisfied that the evidence of no subscribing witness

can be procured after reasonable search or inquiry, and upon proof that

due notice of the hearing has been given pursuant to the provisions of

Sections 1517 and 3401 of this Title, the Superior Court of Guam may, if

the will on its face conforms to all requirements of law, admit the will to

probate and grant letters testamentary or letters of administration with the

will annexed as follows:

(1) Upon proof of the handwriting of the testator and any one

of the subscribing witnesses; or

(2) Upon proof of the handwriting of the testator and receipt in

evidence either of a writing at the end of the document offered as a

will bearing the purported signatures of all subscribing witnesses, or

an affidavit of a person with personal knowledge of the circum-

stances of execution, which writing or affidavit recites facts

showing the due execution of the will.

(d) If the subscribing witnesses are competent at the time of

attesting the execution, their subsequent incompetency, from whatever

cause, will not prevent the probate of the will and the grant of letters

testamentary or of letters of administration with the will annexed, if the

will is otherwise satisfactorily proved under the provisions of this

Section.