Guam § 2417 - Family Allowance: When May be Granted; Continuance;

§ 2417. Family Allowance: When May be Granted; Continuance;

Modification; No Stay on Appeal.

(a) The allowance provided in Section 2415 of this Title may be

granted by the Superior Court before the inventory is filed, in which case

it shall continue until modified by the Superior Court. After the inventory

is filed the Superior Court may grant such allowance, or may modify any

allowance made before the filing of the inventory, upon the petition of

any person interested, and a hearing after notice is given in the manner

provided in Section 3401 of this Title.

(b) Notwithstanding any other provision of law, no stay shall be had

of the payment of any allowance provided in Section 2415 of this Title,

or of any installment thereof, pending appeal from an order relating

thereto. If the Superior Court of Guam, acting under the provisions of

Section 942 of the Code of Civil Procedure, dispenses with or limits the

security required of the person who appeals such order, it may in its

discretion required that the person in whose favor the allowance provided

in Section 2415 of this Title was made provide security such as that

required of a personal representative under the provisions of Subchapter

B of Chapter 20 of this Title, to the effect that if the order appealed from,

or any part thereof, be so modified or reversed that such allowance, or

any part thereof, proves to be unwarranted, the same shall, unless

deducted from any final or partial distribution ordered in favor of the

person in whose favor such allowance was awarded, be repaid and

refunded into said estate, and, if not so repaid and refunded within thirty

(30) calendar days after the Superior Court shall so order following such

modification or reversal, judgment may be entered therefor, on the

motion of the personal representative of said estate, in favor of such

personal representative and against the person in whose favor such

allowance was made and the sureties, if any, on his undertaking or other

form of security as provided in this subsection, for such amount, together

with interest and costs.