{"id":10840,"date":"2024-07-18T11:36:58","date_gmt":"2024-07-18T15:36:58","guid":{"rendered":"https:\/\/resources.evans-legal.com\/?p=10840"},"modified":"2024-07-18T17:07:12","modified_gmt":"2024-07-18T21:07:12","slug":"extrinsic-evidence-allowed-to-resolve-ambiguity-in-address-of-property-devised","status":"publish","type":"post","link":"https:\/\/resources.evans-legal.com\/?p=10840","title":{"rendered":"Extrinsic Evidence Allowed to Resolve Ambiguity in Address of Property Devised"},"content":{"rendered":"\n<p class=\"wp-block-paragraph\">It was reversible error for the Orphans&#8217; 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 his seven children, but the residuary beneficiary had claimed that a gift of &#8220;293-241 Farragut Terrace&#8221; did not include the entire property that the decedent had owned and known as 293-243 Farragut Terrace (now known as Farragut Street) , so the property should be subdivided to create a property to be known as 243 Farragut Street to pass as part of the residue of the estate. The Orphans&#8217; Court failed to consider the scheme of the will and the &#8220;natural intention of the testator,&#8221; because the evidence showed that there was no property with the address &#8220;239-241 Farragut Street&#8221; separate from any property known as &#8220;243 Farragut Street,&#8221; and the &#8220;239-241&#8221; in the will was &#8220;plainly the scrivener&#8217;s error.&#8221; The beneficiary was therefore entitled to sell the entire property consistent with 20 Pa.C.S. \u00a7 301(b), and the purchaser was entitled to specific performance of the agreement of sale. <em>Estate of Walter Edmonds<\/em>, Deceased, <a href=\"https:\/\/www.pacourts.us\/assets\/opinions\/Superior\/out\/J-A08007-24o%20-%20106003813273663288.pdf\" target=\"_blank\" rel=\"noreferrer noopener nofollow\">204 PA Super 147<\/a>, ___ A.3d ___ (7\/16\/2024).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>It was reversible error for the Orphans&#8217; 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 &hellip; <a class=\"more-link\" href=\"https:\/\/resources.evans-legal.com\/?p=10840\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":6,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"pmpro_default_level":"","footnotes":""},"categories":[34],"tags":[446,788,170],"class_list":["post-10840","post","type-post","status-publish","format-standard","hentry","category-opinions","tag-ambiguity","tag-extrinsic-evidence","tag-specific-performance","pmpro-has-access"],"_links":{"self":[{"href":"https:\/\/resources.evans-legal.com\/index.php?rest_route=\/wp\/v2\/posts\/10840","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/resources.evans-legal.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/resources.evans-legal.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/resources.evans-legal.com\/index.php?rest_route=\/wp\/v2\/users\/6"}],"replies":[{"embeddable":true,"href":"https:\/\/resources.evans-legal.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=10840"}],"version-history":[{"count":4,"href":"https:\/\/resources.evans-legal.com\/index.php?rest_route=\/wp\/v2\/posts\/10840\/revisions"}],"predecessor-version":[{"id":10851,"href":"https:\/\/resources.evans-legal.com\/index.php?rest_route=\/wp\/v2\/posts\/10840\/revisions\/10851"}],"wp:attachment":[{"href":"https:\/\/resources.evans-legal.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=10840"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/resources.evans-legal.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=10840"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/resources.evans-legal.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=10840"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}