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Flashcards in Ambiguities and Mistakes Deck (2)
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1

Hypo: "I give $5,000 to my nephew, John Paul Jones." At the time T executed thee will he had two nephews, neither of whom was named John Paul Jones. T had never met nor corresponded with either nephew, and no nephew by that name had existed. Who takes the $5,000?

This is a latent ambiguity becuase it is fine on its face but cannot be correctly applied. Therefore, extrinsic evidence will be allowed to determine where the $5,000 should be given.

2

Hypo: "I give $5,000 to my nephew, John Paul Jones." T had a nephew named John Paul Jones, whom he hadn't seen for many years. After T's death, Paul Frederick Jones comes in and says, there has been a terrible mistake. T told me on numerous occassion that he intended to, and that he had, left a legacy for me in the will. The stenographer who typed the will says that she made a mistake and entered the wrong name. Will the evidence be admissible to correct the error?

Most States: No because evidence violates the plain meaning rues. Cannot disturb an unambiguous will with extrinsic evidence.

UPC: yes. A court may reform the terms of a will, even if unambiguous, to conform to the terms of the testators intent if it is proved by clear and convincing evidence that both the accomplishment of the testator's intent and the terms of the will were affected by a mistake of law or fact.