Carmen Gogue Anderson v. Joaquin v. E. Manibusan (As Administrator of the Estate of Isabel Rivera Gogue, Deceased), Paul v. Gregory and Isabel Gregory

This appeal involves an interpretation of Guam Probate Code § 581.

Isabel Rivera Gogue had three heirs including Prudencio Rivera Gogue. Prudencio, now deceased, had four heirs including Carmen Gogue Anderson, the appellant, and one Maria Gogue Canda-so. Maria Gogue Candaso was appointed administratrix of the estate of Pruden-cio but failed to qualify.

In a prior action in the District Court of Guam, No. 95-66, Maria Gogue Can-daso, purporting to be the administra-trix of the estate of Prudencio, filed an action to quiet title to certain lots alleged to have been deeded by Isabel Rivera Gogue to Prudencio and alleged to be part of Prudencio’s estate. The defendants were Manibusan, administrator of the estate of Isabel Rivera Gogue and others. The district court held that the deeds were of no effect and that the lots remained in the estate of Isabel Rivera Gogue. On appeal to this court, the judgment was affirmed. Candaso v. Manibusan (1969) 9 Cir., 405 F.2d 623 .

Carmen Gogue Anderson, another heir of Prudencio, brought the action below to set aside the above judgment on the ground that Maria Gogue Candaso had been acting without representative capacity and that her prior suit…