Guam § 35105 - Claim to escheated property.

§ 35105. Claim to escheated property.

Within five years after judgment in any proceeding had under this

Chapter, a person not a party or privy to such proceeding may file a petition

in the court having jurisdiction, showing his claim or right to the property,

or the proceeds thereof. Said petition shall be verified and, among other

things, must state:

1. The full name, and the place and date of birth of the decedent

whose estate, or any party thereof, is claimed;

2. The full name of such decedent's father and the maiden name

of his mother, the places and dates of their respective births, the place

and date of their marriage, the full names of all children, the issue of

such marriage, with the date of birth of each, and the place and date of

death of all children of such marriage who have died unmarried and

without issue;

3. Whether or not such decedent was ever married, and if so,

when, where and to whom;

4. How, when, and where such marriage, if any, was dissolved;

5. Whether or not said decedent was ever remarried, and, if so,

where, when, and to whom;

6. The full names, and the places and dates of birth of all lineal

descendants, if any, of said decedent; the dates and places of death of

any thereof who died prior to the filing of such petition; and the places

of residence of all who were then surviving, with the degree of

relationship of each of such survivors to said decedent;

7. Whether any of the brothers or sisters of such decedent ever

married, and if so, where, when and to whom;

8. The full names, and the places and dates~ of birth of all

children, the issue of the marriage of any such brother or sister of the

decedent, and the date and place of death of all deceased nephews and

nieces of said decedent;

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9. The post office names of the cities, towns, or other places,

each in its separate connection, wherein are preserved the records of

the births, marriages, and deaths hereinbefore enumerated, and, if

known, the title of the public official or other person having custody of

such records.

If for any reason the petitioner is unable to set forth any of the matters

or things hereinabove, required, he shall clearly state such reason in his

petition.

If it is determined that such petitioner is entitled to the property, the

court shall, under seal of the court, certify the facts to the Governor of

Guam with recommendations as to the amount of damages that the plaintiff

should be allowed, but without interest or costs to the Government of

Guam, and requesting a warrant for that amount be drawn on the treasurer.

All persons who fail to appear and file their petitions within the time limit

are forever barred, saving however, to infants, and persons of unsound mind

the right to appear and file their petitions within the time limit or within one

year after their respective disabilities cease.