Property. A devise or bequest of all the testator's real or personal property, in express terms, or in any other terms denoting the testator's intent to dispose of all his real or personal property, passes all the real or personal property which the testator was entitled to dispose of by will at the time of death, including property embraced in a power to devise. SOURCE: Probate Code of Guam (1970), § 125.
COL120106
COMMENT: Section 125 of the Probate Code of Guam (1970) was the same as § 125 of the California Probate Code prior to its amendment in 1970. The California statute now reads as follows: @Except as provided by Sections 1386.1 and 1386.2 of the Civil Code relating to powers of appointment, a devise or bequest of all the testator's real or personal property, in express terms, or in any other terms denoting his intent to dispose of all his real or personal property, passes all the real or personal property which he was entitled to dispose of by will at the time of his death.@ As Guam has no statutes similar to §§ 1386.1 and 1386.2 of the California Civil Code, there is no reason for altering prior § 125. Should Guam adopt statutes similar to the California statutes dealing with powers of appointment, however, § 631 should be amended to comport with those statutes.