WILLS-INTERPRETATION-REVOKED WILL AS ADMISSIBLE EXTRINSIC EVIDENCE

Authors

Daniel W. Reddin, III, University of Michigan Law SchoolFollow

Abstract

Two nonprofit organizations, Meadville Volunteer Fireman's Relief Association and Paid Firemen's Relief and Pension Association of Meadville, Pennsylvania, claimed a legacy under the will of L. F. Williamson, deceased, "unto the Meadville Firemen's Relief Association, Division No. 43," and at the request of the corporate executor, the court below appointed an auditor to hear testimony to determine which organization was entitled to the legacy. The auditor awarded the legacy to the Volunteer Association after admitting testimony of the attorney who drew the will that wills executed by the testator before the existence of the Paid Association contained a similarly worded bequest. Exceptions to the report were dismissed and the distribution ordered. Upon appeal by the Paid Association to the Superior Court of Pennsylvania, held, affirmed. Where a will contains a latent ambiguity, former wills executed by the testator may be considered to determine his intention. In re Williams Estate, (Pa. Super. 1947) 53 A. (2d) 869 (1947).

Recommended Citation

Daniel W. Reddin, III, WILLS-INTERPRETATION-REVOKED WILL AS ADMISSIBLE EXTRINSIC EVIDENCE, 46 Mich. L. Rev. 583 (1948).
Available at: https://repository.law.umich.edu/mlr/vol46/iss4/22