Distribution Where Decedent Leaves Surviving Spouse and

Issue. (a) If the decedent leaves a surviving spouse and only one child, or a surviving spouse and the lawful issue of only one deceased child, the decedent's separate estate goes one-half (2) to such surviving spouse and one-half (2) to such child or issue. (b) In any of the following circumstances, the decedent's separate estate goes one-third (1/3) to the decedent's surviving spouse and the remainder in equal shares to the decedent's children and to the lawful issue of any deceased child, which issue shall take their portions by right of representation: (1) If the decedent leaves a surviving spouse and more than one living child; (2) If the decedent leaves a surviving spouse, one living child, and the lawful issue of one or more deceased children; (3) If the decedent leaves a surviving spouse, more than one living child, and the lawful issue of one or more deceased children. (c) If there is no child of the decedent living at the decedent's death, the remainder of the decedent's separate estate goes to all of the decedent's lineal descendants; if all such descendants are in the same degree of kindred to the decedent they share equally, otherwise they take by right of representation. SOURCE: Probate Code of Guam (1970), § 221; Guam Law Revision Commission. COMMENT: Section 221 of the Probate Code of Guam (1970), on which § 903 is based, was rather unclear as to its operation. Moreover, it appears to have left one situation unaccounted for: that in which an intestate decedent leaves a surviving spouse and more than one living child, plus the lawful issue of one or more deceased children. The Commission has thus redrafted the Section to cover that situation, and to improve the Section's clarity.