Guam § 13113 - Conveyance in Trust Not Naming Beneficiary.

§ 13113. Conveyance in Trust Not Naming Beneficiary.

Whenever a conveyance of real estate, or any interest therein, has been

or hereafter is made to a person or persons in trust, or (a) where such person

is designated trustee or as trustee, or (b) where such persons are designated

trustees or as trustees, and regardless of whether a joint tenancy or right of

survivorship as between such persons is expressed or not, then, if no

beneficiary be indicated or named in said conveyance, it shall be presumed

that the grantee or grantees, as the case may be, holds or hold, the title to the

estate, or interest therein, absolutely in his or their own individual right and

free from any trust, and a conveyance executed by such grantee or grantees,

whether purporting to be the act of such grantee or grantees in his or their

individual right, or in his or their capacity as trustee or trustees, shall prima

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facie convey such title or interest to his or their grantee or grantees. As to

such conveyance last mentioned, such presumption shall be and become

conclusive as to such undisclosed beneficiary, and the original grantor or

trustor and any one claiming under them in favor of a purchaser or

encumbrancer in good faith and for a valuable consideration upon the filing

of such conveyance last mentioned for record in the Department of Land

Management; provided, however, that as to such conveyance so filed for

record prior to the taking effect of this Code, such presumption shall not

become conclusive except in favor of a purchaser or encumbrancer in good

faith and for a valuable consideration until one year after the taking effect of

this Code when it shall become conclusive without any qualification

whatsoever and no action to avoid or impugn any such conveyance last

mentioned shall be commenced after the time when such presumption

becomes conclusive as hereinbefore provided: and provided further, that

nothing herein contained shall be construed as depriving such original

grantor or trustor or undisclosed beneficiary, or any one claiming under

them, from commencing and maintaining actions other than actions

affecting the land the subject of such conveyances.