Ambiguities and Mistakes Flashcards
T gave $5k to John Paul Jones, his nephew. However, T has two nephews, neither are named John Paul. One is Paul Frederick and the other is James Peter. T has never met nor corresponded with either nephew. Who takes the $5k?
No one.
T gave $5k to John Paul Jones, his nephew. Paul Frederick Jones, another nephew, comes forward and says that his uncle meant to leave the $5k for him. The stenographer acknowledges that this is true: the name on the Will is a typo. Is this admissible? Why or why not?
No. You cannot disturb the plain meaning of an unambiguous will with extrinsic evidence.
T gave $5k to John Paul Jones, his nephew. However, T has two nephews, neither are named John Paul. One is Paul Frederick and the other is James Peter.
Paul Frederick offers evidence that the gift was intended for him. Admissible? Why or why not?
Yes.
Extrinsic evidence is admissible to clean up a LATENT ambiguity.
