Estate of Root

Citations

• 187 Pa. 118
• 40 A. 818
• 1898 Pa. LEXIS 778

Syllabus

<p>Will — Ambiguity—Similarity of names — Legacy.</p> <p>Testator gave a legacy as follows: “ Unto my nephew, William Root.” Testator had a blood nephew, William Root, son of a brother; there was also a William Root, a nephew of his wife, but not of kin to the testator. Each claimed the legacy. Held, (1) that there was no such ambiguity on the face of the will as to call for parol testimony to make clear the intention of the testator; (2) that the nephew by blood was entitled to the legacy.</p>