Morris's Estate

Citations

• 76 Pa. Super. 50
• 1921 Pa. Super. LEXIS 83

Syllabus

<p>Wills — Latent ambiguity — Farol evidence — Construction.</p> <p>Tbe professional services of an attending' physician are not similar to those of a domestic servant, and there is no presumption that such services have been paid for at regular stated intervals.</p> <p>Where a beneficiary in a will is not designated with precision, parol evidence is generally admissible to show who was intended, as where be is designated by an assumed name or a nickname, or where tbe designation of tbe beneficiary is applicable either in whole or in part to two or more persons. So also in case of a latent ambiguity, parol evidence is admissible to explain who tbe testator meant by a particular expression of relationship.</p> <p>Where tbe will of a testatrix devised a bequest to “Annie Mason Pennock” and no sucb person existed, and tbe fund was claimed by one Annie Mason, a domestic, and by Anna F. Pennock and Anna S. Pennock, grandnieces of tbe testatrix, parol evidence was properly resorted to, to ascertain tbe person meant by tbe testatrix.</p>