§ 23. Mutual will. A conjoint or mutual will is valid, but it may be revoked by any of the testators in like manner as any other will. [Enacted 1953.]

§ 24. Conditional will. A will, the validity of which is made conditional by its own terms, shall be granted or denied probate, or denied effect after probate, in conformity with the condition. [Enacted 1953.]

§ 25. Effect of codicil. The execution of a codicil referring to a previous will has the effect to republish the will as modified by the codicil. [Enacted 1953.]

§ 26. Validity of foreign will. No will made out of Guam is valid as a will in Guam unless executed according to the provisions of this Code, except that a will valid under the laws of a state or country in which the testator is domiciled at the time of his death is valid in Guam so far as the same relates to personal property. [Enacted 1953.]

§ 27. Who may take by will. A testamentary disposition may be made to the government of Guam, to natural persons capable by law of taking the property, to unincorporated religious, benevolent, or fraternal societies or associations or lodges or branches thereof, and to corporations formed for religious, scientific, literary, or solely educational or hospital or sanatorium purposes, or to maintain public libraries, museums, or art galleries, or for similar public purposes. No other corporation can take under a will, unless expressly authorized by law. [Enacted 1953.]

§ 28. Vesting of testamentary dispositions. Testamentary dispositions, including devises and bequests to a person on attaining majority, are presumed to vest at the testator's death. [Enacted 1953.]

§ 29. Plural devisee. A devise or legacy given to more than one person vests in them as owners in common, unless the will otherwise provides. [Enacted 1953.]

§ 42. Exemption of certain donees from restrictions. § 43. Exemption of certain donors from restrictions.

§ 40. Charitable dispositions subject to Code. All dispositions by will, whether made in or out of Guam, are subject to the provisions of this Code limiting charitable bequests and devises. [Enacted 1953.]

§ 41. Restrictions. No estate, real or personal, may be bequeathed or devised to any charitable or benevolent society or corporation, or to any person or persons in trust for charitable uses, unless done by will duly executed at least sixty (60) days before the death of the testator. If so made at least sixty (60) days before death, such devises and legacies shall be valid, but they may not collectively exceed one-third (3) of the estate of a testator who leaves legal heirs, and if they do, a pro-rata deduction from such devises and legacies shall be made so as to reduce the aggregate thereof to one-third (3) of the estate. All dispositions of property made contrary hèreto shall be void, and go to the residuary legatees or devisees or heirs, according to law. [Enacted 1953.]

§ 42. Exemption of certain donees from restrictions. Bequests and devises to or for the use or benefit of the government of Guam or any institution belonging to the government of Guam are excepted from the restrictions of this Article. [Enacted 1953.]

§ 43. Exemption of certain donors from restrictions. Nothing in this Article contained shall apply to bequests or devises made by will executed at least six (6) months prior to the death of a testator who leaves no spouse, child, grandchild, or parent, or when all of such heirs, by a writing executed at least six (6) months prior to his death, shall have waived the restriction. [Enacted 1953.]

§ 50. Witnessed wills. Every will, other than a nuncupative will, must be in writing and every will, other than a holographic will and a nuncupative will, must be executed and attested as follows:

1. It must be subscribed at the end thereof by the testator himself, or some person in his presence and by his direction must subscribe his name thereto. A person who subscribes the testator's name, by his direction, should write his own name as a witness to the will, but a failure to do so will not affect the validity of the will.

2. The subscription must be made, or the testator must acknowledge it to have been made by him or by his authority, in the presence of the attesting witnesses, present at the same time.

3. The testator, at the time of subscribing or acknowledging the instrument, must declare to the attesting witnesses that it is his will.

4. There must be at least two (2) attesting witnesses, each of whom must sign the instrument as a witness, at the end of the will, at the testator's request and in his presence. The witnesses should give their places of residence, but a failure to do so will not affect the validity of the will. [Enacted 1953.]

§ 51. Devise to subscribing witness. All beneficial devises, bequests, and legacies to a subscribing witness are void unless there are two (2) other and disinterested subscribing witnesses to the will, except that if such interested witness would be entitled to any share of the estate of the testator in case the will were not established, he shall take such proportion of the devise or bequest made to him in the will as does not

exceed the share of the estate which would be distributed to him if the will were not established. [Enacted 1953.]

§ 52. Creditors as witnesses. A mere charge on the estate of the testator for the payment of debts does not prevent his creditors from being competent witnesses to his will. [Enacted 1953.]

§ 53. Holographic will. A holographic will is one that is entirely written, dated, and signed by the hand of the testator himself. It is subject to no other form, and need not be witnessed. No address, date, or other matter written, printed, or stamped upon the document, which is not incorporated in the provisions which are in the handwriting of the decedent, shall be considered as any part of the will. [Enacted 1953.]

§ 54. Nuncupative will. A nuncupative will is not required to be in writing. It may be made by one who, at the time, is in actual military service in the field, or doing duty on shipboard at sea, and in either case in actual contemplation, fear, or peril of death, or by one who, at the time, is in expectation of immediate death from an injury received the same day. It must be proved by two (2) witnesses who were present at the making thereof, one of whom was asked by the testator, at the time, to bear witness that such was his will, or to that effect. [Enacted 1953.]

§ 55. Property disposable by nuncupative will. A nuncupative will may dispose of personal property only, and the estate bequeathed must not exceed one thousand dollars ($1,000.00) in value. [Enacted 1953.]

§ 56. May be written and executed in any language. A will may be written and executed in any language. [Enacted 1953.]

§ 57. Will deposited with the Clerk of the Island Court. The Clerk of the Island Court is authorized to receive and deposit in his office any will delivered to him for that purpose, and give a written receipt therefor to the depositor. He shall enclose each such will in an individual sealed envelope so that it cannot be read, and endorse on said envelope the name of the testator, his residence, the date of the deposit, and the name of the person, if any, to whom the testator desires the will delivered at his death, and such envelope shall not be opened until the

delivery of said will as provided in this Chapter. [Added by P.L. 6-15, effective June 23, 1961.]

§ 58. Deposited will, how disposed of. A will deposited under the provisions of § 57 shall be delivered only:

(1) During his lifetime, to the testator in person, or upon his written order, duly approved by the oath of a subscribing witness;

(2) After the death of the testator, to the person, if any, named in the endorsement on the envelope of the will; or, if there is no such endorsement, then to the Chief Judge of the Island Court. [Added by P.L. 6-15, effective June 23, 1961.]

§ 59. Duty of Judge on receipt of deposited will. The Chief Judge of the Island Court to whom a will is delivered as specified under item (2) of § 58 shall forthwith publicly open and examine the will and file the same in the office of the Clerk of the Island Court there to remain until duly proved, or until jurisdiction is lawfully established in some other court as the proper venue for probate. [Added by P.L. 6-15, effective June 23, 1961.]

§ 77. Property passing by will; contracts of testator.

§ 78. Encumbrances by testator.

§ 79. Revocation of codicils.

§ 70. By marriage as to the spouse. If a person marries after making a will, and the spouse survives the maker, the will is revoked as to the spouse, unless provision has been made for the spouse by marriage contract, or unless the spouse is provided for in the will, or in such way mentioned therein as to show an intention not to make such provision; and no other evidence to rebut the presumption of revocation can be received. [Enacted 1953.]