Subscribing Witnesses to Testify; Other Evidence Permitted

Where Subscribing Witnesses are Unavailable.

(a)At the trial of a contest filed before the hearing of a petition for probate and for the grant of letters testamentary or of letters of administration with the will annexed, as provided in Section 1601 of this Title, all of the subscribing witnesses who are present in Guam, and who are of sound mind as determined by the Superior Court of Guam at such trial, shall be produced and examined in open court; and the death, absence or insanity of any of them must be satisfactorily shown to the Superior Court of Guam.

(b)If none of the subscribing witnesses resides in Guam, and the evidence of none of them can be produced by sworn testimony in open COL10312014 CH. 16 WILL CONTESTS court, the Superior Court of Guam may admit the evidence of other witnesses to prove the due execution of the will; and, as evidence of its execution, the Superior Court of Guam may admit proof of the handwriting of the testator and of any of the subscribing witnesses.