Guam § 24416 - Court May Confirm, etc., the Report; Judgment Binding on

§ 24416. Court May Confirm, etc., the Report; Judgment Binding on

Whom.

The court may confirm, change, modify, or set aside the report, and, if

necessary, appoint new referees. Upon the report being confirmed, judgment

must be rendered that such partition be effectual forever, which judgment is

binding and conclusive:

1. On all persons named as parties to the action, and their legal

representatives, who have at the time any interest in the property

divided, or any part thereof, as owners in fee or as tenants for life or for

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years, or as entitled to the reversion, remainder, or the inheritance of

such property, or any part thereof, after the determination of a particular

estate therein, and who by any contingency may be entitled to a

beneficial interest in the property, or who have an interest in any

undivided share thereof as tenants for years or for life;

2. On all persons not in being at the time said judgment is entered,

who have any interest in the property divided, or any part thereof, as

entitled to the reversion, remainder, or the inheritance of such property,

or any part thereof, after the determination of a particular estate therein,

and who by any contingency may be entitled to a beneficial interest in

the property, provided, that in case sale has been made under the

provisions of this Chapter, the judgment shall provide for keeping intact

the share of the proceeds of said sale to which said party or parties not

in being at the time are or may be entitled until such time as such party

or parties may take possession thereof;

3. On all persons interested in the property, who may be unknown,

to whom notice has been given of the action for partition by

publication;

4. On all other persons claiming from such parties or persons, or

any of them.

And no judgment is invalidated by reason of the death of any party

before final judgment or decree; but such judgment or decree is as

conclusive against the heirs, legal representatives, or assigns of such

decedent as if it had been entered before his death. If during the pendency of

the action, and before final judgment therein, any of the co-tenants have con-

veyed to another person his interest, or any part of his interest, such

conveyance, whatever its form, shall be deemed to have passed to the

grantee any lands which, after its execution, may have been set aside to the

grantor in severalty, or such proportionate interest in such lands as the

interest so conveyed bears to the whole interest of the grantor.