Guam § 1605 - Subscribing Witnesses to Testify; Other Evidence Permitted

§ 1605. Subscribing Witnesses to Testify; Other Evidence Permitted

Where Subscribing Witnesses are Unavailable.

(a) At the trial of a contest filed before the hearing of a petition for

probate and for the grant of letters testamentary or of letters of

administration with the will annexed, as provided in Section 1601 of this

Title, all of the subscribing witnesses who are present in Guam, and who

are of sound mind as determined by the Superior Court of Guam at such

trial, shall be produced and examined in open court; and the death,

absence or insanity of any of them must be satisfactorily shown to the

Superior Court of Guam.

(b) If none of the subscribing witnesses resides in Guam, and the

evidence of none of them can be produced by sworn testimony in open

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court, the Superior Court of Guam may admit the evidence of other

witnesses to prove the due execution of the will; and, as evidence of its

execution, the Superior Court of Guam may admit proof of the

handwriting of the testator and of any of the subscribing witnesses.