· 12/29/1956
Beisgen Estate
Citations
- 387 Pa. 425
- 128 A.2d 52
- 1956 Pa. LEXIS 371
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating, “[w]here a patent ambiguity exists on the face of the [w]ill and the language is meaningless or senseless or so uncertain as to be unintelligible as written, parol evidence to explain it is not admissible”
- testator’s intent must be determined from face of the will and extrinsic evidence cannot be used as evidence of testator’s intent independent of the written words employed
- testator’s intent must be determined from face of the will and extrinsic evidence cannot be used as evidence of testator's intent independent of the written words employed
- “The dangers inherent in admitting parol evidence to prove a testator’s intention—namely, opening the door to fraud, changing or defeating the testator’s intention . . . make clear the reason for the exclusion of such evidence”
- while ultimately adopting a more restricted definition, noting that “ ‘personal effects,’ in the early Pennsylvania cases which followed the English cases, were given a broad meaning — a meaning sufficiently broad to include all the testator’s personal estate”
- latent ambiguity can be created by extrinsic or collateral circumstances
Source: CourtListener parenthetical corpus (CC0).
Judges: Stern, Jones, Bell, Chidsey, Musmanno, Arnold
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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