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Home→Tags Ambiguity

Tag Archives: Ambiguity

Extrinsic Evidence Allowed to Resolve Ambiguity in Address of Property Devised

Posted on July 18, 2024 by Daniel EvansJuly 18, 2024

It was reversible error for the Orphans’ Court to fail to consider extrinsic evidence to resolve a latent ambiguity in a will. The decedent had owned five parcels of real property, and had specifically devised one parcel to five of … Continue reading →

Posted in Opinions | Tagged Ambiguity, Extrinsic evidence, Specific Performance

Spouse’s Right of Withdrawal Limited by Amendment

Posted on October 23, 2023 by Daniel EvansOctober 23, 2023

When a trust has given the surviving spouse an unlimited right to withdraw principal and a later amendment gives the spouse the right to withdraw the greater of $5,000 or 5% of the trust principal, the amendment demonstrates the intention … Continue reading →

Posted in Opinions | Tagged Ambiguity, Declaratory Judgment, Trust amendments, Trust interpretation

Interpretation of Shareholders Agreement for Valuation of Company in Account

Executor filed an account valuing two closely held companies by its market value, which means a willing seller to a willing buyer; objectors, two of four residuary beneficiaries, claimed that the shareholder agreement specified a pro rata valuation, meaning dividing … Continue reading →

Posted in Opinions | Tagged Ambiguity, Closely held business, Market value, Parole evidence, Shareholder agreement

Extrinsic Evidence in Will Interpretation

Brother of decedent was bequeathed the “Maujer rifle”, which is a typographical error for Mauser rifle of which the decedent owned 10.  The Court held that the brother was entitled to all 10 Mauser rifles because of the wills ambiguity … Continue reading →

Posted in Opinions | Tagged Ambiguity, Dead man's rule, Hearsay, Will interpretation

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