§ 1271. Appearance; trial of issues; order of sale. All persons named in the information may appear and answer, and traverse or deny the facts stated therein at any time before the time for answering expires, and any other person claiming an interest in such estate may appear and be made a defendant, by motion, for that purpose, in open court within the time allowed for answering, and if no such person appears and answers within the time, then judgment must be rendered that the government of Guam is the owner of the property in such information claimed. But if any person appears and denies the title set up by the government of Guam, or traverses any material fact set forth in the information, the issue of fact must be tried as issues of fact are tried in civil actions. If, after the issues are tried, it appears from the facts found or admitted that the government of Guam has good title to the property in the information mentioned, or any part thereof, judgment must be rendered that the government of Guam is the owner and entitled to the possession thereof, and that it recover costs of suit against the defendants who have appeared and answered.

In any judgment rendered escheating property to the government of Guam, on motion of the Attorney General or of the Island Attorney, the court must make an order that such property be sold and shall, if the value thereof is over one hundred dollars ($100.00), appoint a receiver for that purpose. The property shall be sold in the manner prescribed for the sale of property upon execution. The person making the sale shall, within five (5) days thereafter, make a report thereof to the court. Upon the hearing of such report, the court may examine the report and witnesses in relation thereto. If the sum bid was disproportionate to the value, or the proceedings of the sale were unfair or without proper notice, the court shall vacate the sale and direct that another sale be had, of which notice must be given and the sale conducted in all respect as if no previous sale had taken place.

If it appears to the court that the sale was legally made, and fairly conducted, and that the sum bid is not disproportionate to the value of the property sold, the court must make an order confirming the sale and directing the person making the sale, in the name of the government of Guam, to execute the conveyance to the purchaser or purchasers. The person making the sale shall, after deducting the expenses of the sale allowed by the court, pay the proceeds to the Treasurer of Guam. [Enacted 1953.]

§ 1272. Claim to escheated property. Within five (5) years after judgment in any proceeding had under this Title, 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:

The full name, and the place and date of birth of the decedent whose estate, or any part thereof, is claimed.

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.

Whether or not such decedent was ever married, and if so, where, when, and to whom.

How, when, and where such marriage, if any, was dissolved. Whether or not said decedent was ever remarried, and, if so, where, when, and to whom.

The full names, and the dates and places 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 are then surviving, with the degree of relationship of each of such survivors to said decedent.

Whether any of the brothers or sisters of such decedent ever married, and, if so, where, when, and to whom.

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 decedent, and the date and place of death of all deceased nephews and nieces of said decedent.

The post office names of the cities, towns, or other places, each in its appropriate 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 cost 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 (1) year after their respective disabilities cease. [Enacted 1953.]

§ 1273. Unclaimed bank deposits escheat to government of Guam. All amounts of money heretofore or hereafter deposited with any bank authorized to do business in Guam to the credit of depositors who have not made a deposit on said account or withdrawn any part thereof or the interest, and which shall have remained unclaimed for more than twenty (20) years after the date of such deposit, or withdrawal of any part of principal or interest, and where neither the depositor nor any claimant has filed any notice with such bank showing his or her present residence, shall, with the increase and proceeds thereof, escheat to the government of Guam. Whenever the Island Attorney or the Attorney General shall be informed of such deposits, he shall commence an action or actions in the name of the government of Guam, in the court having jurisdiction, in which shall be joined as parties the names of all such depositors. All or any number of depositors may be included in one action. Service of process in such action or actions shall be made by delivery of a copy of the complaint and summons to such bank and by publication. Upon the trial the court must hear all parties who have appeared therein and if it be determined that the moneys so deposited are unclaimed as hereinabove stated, then the court must render judgment in favor of the government of Guam, declaring that said moneys have escheated to the government of Guam. [Enacted 1953.]

§ 1274. Deposit of unclaimed property; escheat to government of Guam. All moneys or other property distributed in the administration of an estate of a decedent and heretofore or hereafter deposited with the Treasurer of Guam or the Director of Administration, to the credit of a distributee, and any money remaining with the Treasurer of Guam on deposit, to the credit of an estate, after final distribution, shall become the property of the government of Guam, if not claimed by the person or persons entitled thereto within five (5) years from the date of such deposit.

Money so deposited with the Treasurer may be recovered by the person or persons entitled thereto, under the conditions

and within the time limit herein prescribed, by filing a petition for an order therefor in the court having jurisdiction. The judge of the court having jurisdiction, if satisfied of the claimant's right, must grant him a certificate to that effect, under its seal; and upon the presentation of the certificate, the auditor must draw his warrant on the Treasurer of Guam for the amount and forward it to the Governor of Guam for approval. [Enacted 1953; reference to "Director of Finance" changed by Editor to "Administration" pursuant to authority of P.L. 9-239, effective August 13, 1968.]

§ 1274a. Unclaimed moneys of missing persons. Whenever any money in litigation in the court having jurisdiction or other money deposited in connection with such litigation is deposited with the Treasurer of Guam, and five (5) years thereafter it is made to appear to the satisfaction of the court or judge, by affidavit or testimony taken in open court, that said money has not been and cannot be paid out because the owner thereof cannot be found, the money devolves and escheats to the government of Guam. [Enacted 1953.]

§ 1276. Application for change of name, made to Island Court; what petition must specify.

§ 1279. Copy of decree filed with Office of Vital Statistics.

§ 1275. Jurisdiction. Application for change of names. must be heard and determined by the Island Court. [Enacted 1953.]

§ 1276. Application for change of name, made to Island Court; what petition must specify. All applications for change of names must be made to the Island Court, by petition, signed by the person whose name is proposed to be changed and if such person is under twenty-one (21) years of age, if a male, and under the age of eighteen (18) years of age, if a female, by one of the parents, if living, or if both be dead, then by the guardian; and if there be no guardian, then by some near relative or friend.

The petition must specify the place of birth and residence of such person, his or her present name, cedula, the name proposed, and the reason for such change of name, and must, if the father of such person be not living, name, as far as known to the petitioner, the near relatives of such person, and their place of residence. [Enacted 1953.]

§ 1277. Order to show cause; publication of order. Upon the filing of the said petition the court shall thereupon make an order reciting the filing of the application, the name of the person by whom it is filed and the name proposed, and directing all persons interested in said matter to appear before the court, at a time and place specified, not less than four (4) nor more than eight (8) weeks from the time of making such order, to show cause why the application for change of name should not be granted. A copy of such order to show cause shall be posted by the clerk of the court in three (3) public places in Agana for four (4) successive weeks and in the district, town, or village where the petitioner lives.

Proof must be made to the satisfaction of the court, of such publication, or posting, at the time of the hearing of the application. [Enacted 1953.]

§ 1278. Hearing of application. Such application must be heard at such time as the court may appoint, and objections may be filed by any person who can, in such objections, show to the court good reason against such change of name. On the hearing, the court may examine on oath any of the petitioners, remonstrants, or other persons, touching the application, and may make an order changing the name, or dismissing the application, as to the court may seem right and proper. [Enacted 1953.]

§ 1279. Copy of decree filed with Office of Vital Statistics. A certified copy of the decree of the court, changing the name of a person, shall within thirty (30) days from the date of such decree, be filed with the Office of Vital Statistics, Department of Public Health and Social Services. [Enacted 1953; amended by P.L. 3-30, effective July 20, 1955; reference to "Medical Services" amended by Editor to "Public Health and Social Services" pursuant to P.L. 9-147, effective February 16, 1968.]