Guam § 1713 - Executor Who Removes From Guam: Service of Process or

§ 1713. Executor Who Removes From Guam: Service of Process or

Notice of Motion; Proof of Service.

(a) Service of process or a notice of motion upon an executor who

has removed from and resides without Guam, in any action or proceeding

against such executor with respect to the estate or founded upon or

arising out of such executor's acts or omissions as such executor, shall be

made by delivering to and leaving with such executor's attorney for the

service of process (as provided in Section 1709 of this Title) two copies

of the summons and complaint or notice of motion, and a copy of the

statement filed by such executor under the provisions of Section 1711 of

this Title, or, if no such statement has been filed, a copy of the letters

testamentary granted to such executor, together with a written statement

signed by the party to the action seeking such service, setting forth an

address to which such process shall be sent.

(b) Following receipt of the documents referred to in subsection (a)

of this Section, such executor's attorney for the service of process (as

provided in Section 1709 of this Title) shall forthwith send, by registered

mail, one copy of said summons and complaint or notice of motion to

such executor at the address as shown in such statement delivered to such

executor's attorney for the service of process.

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ADMINISTRATORS WITH THE WILL ANNEXED

(c) Personal service of such process or notice of motion upon such

executor, wherever found without Guam, shall be the equivalent of

service as provided hereinabove.

(d) Proof of service of process or of a notice of motion upon an

executor who has removed from and resides without Guam shall, in the

event of service by registered mail, be made by certificate of such

executor's attorney for the service of process (as provided in Section

1709 of this title), showing such mailing, and filed with the Superior

Court of Guam. In the event of personal service without Guam, such

compliance may be proved by the return of any duly constituted public

officer, qualified to serve like process or notice of motion of and in the

jurisdiction where such executor is found, showing such service to have

been made. Such return shall be appended to the original summons or

notice of motion, which shall be filed as set forth hereinabove in this

subsection.