Distribution of Former Separate Property of Decedent's

Previously Deceased Spouse.

(a)If the decedent leaves neither spouse nor issue, and the decedent's estate or any portion thereof was the separate property of a previously deceased spouse of the decedent, and came to the decedent from such previously deceased spouse by gift, descent, devise or bequest, or became vested in the decedent on the death of such previously deceased spouse by right of survivorship in a homestead or in a joint tenancy between such previously deceased spouse and the decedent, such property goes in equal shares to the children of the deceased spouse and to their descendants by right of representation, and if none, then to the parents of such previously deceased spouse, in equal shares, or if either is dead to the survivor, or if both are dead, in equal shares to the brothers COL120106 CH. 9 SUCCESSION TO SEPARATE PROPERTY and sisters of the deceased spouse and to their descendants by right of representation.

(b)If the decedent leaves neither spouse nor issue, that portion of the decedent's estate created by gift, descent, devise or bequest from the separate property of the decedent's parent or grandparent shall go to the parent or grandparent who made such gift, devise or bequest or from whom the property descended, or if such parent or grandparent is dead, such property shall go in equal shares to the heirs of such deceased parent or grandparent.

(c)If any of the property subject to the provisions of subsections

(a)or

(b)of this Section would otherwise escheat to the territory of Guam because there is no relative, including next of kin, of one of the spouses to succeed to such portion of the estate, such property shall be distributed in accordance with the provisions of Section 1309 of this Title.