Mizener's Estate

Citations

• 262 Pa. 62
• 105 A. 46
• 1918 Pa. LEXIS 588

Syllabus

<p>Wills — Construction—Latent ambiguity — Parol evidence — Legacies — Portions of property of unequal value — Bonds—Bight of selection in legatee.</p> <p>1. The general rule is that a legacy of a portion of property of unequal value or of a portion of a larger quantity implies the right of selection in the legatee, in the absence of a provision in the will showing an intent to the contrary.</p> <p>2. Evidence is only admitted dehors a will, from necessity, to explain that which would be otherwise without operation; where a subject exists which satisfies the terms of the will, and to which they are perfectly applicable, there is no latent ambiguity. '</p> <p>3. Where a testator left to his daughter thirty thousand dollars par value of bonds, the guardian of such daughter is entitled to select, from the bonds in the estate, bonds of the par value of thirty thousand dollars, and the executor cannot properly limit the guardian’s selection to bonds of the actual value of thirty thousand dollars, and where the executor has disposed of bonds so selected, he may bé required to pay to the guardian their value.</p> <p>4. In such case, parol evidence is not admissible to explain the intention of the testator, the language being free from ambiguity.</p>