Plain Meaning and Ambiguities

Question 1

ambiguous terms

Answer 1

extrinsic evidence of facts and circumstances becomes admissible to assist the court in interpreting the will

Question 2

what kind of evidence is included for this: [4]

Answer 2

the state of the testator’s property, the testator’s relations with specific people, the testator’s opinion, and the testator’s habits of thought and of language

just about every type of relevant evidence other than statements by a testator as to his testamentary intentions

Question 3

statements of testamentary intent

Answer 3

admissible to solve an equivocation (along with other extrinsic evidence)

Question 4

what is an equivocation?

Answer 4

the terms of the will apply to two or more people, or two or more things

Question 5

Mistake of Fact or Law

Answer 5

with CandC that both the decedent’s intent and the terms of the will were affected by a mistake of fact or law, a court may reform the terms of the decedent’s will, even if unambiguous

Question 6

repugnancy doctrine

Answer 6

a life estate coupled with absolute power to consume, assign, or dispose of property makes interest a fee simple