Patch v. White

Citations

• 117 U.S. 210
• 6 S. Ct. 617
• 29 L. Ed. 860
• 1886 U.S. LEXIS 1828

Syllabus

<p>A-latent ambiguity in a will, which maybe removed by extrinsic evidence, may arise : (1) Either when it names a person as the object of a gift, or a thing as the subject of it, and there are two persons or things that answer such name or description: or (2), when the will contains a misdescription of the object or subject, as where there is no such person or thing in existence; or, if in existence, the person is not the one intended, or the thing does not belong to the testator.</p> <p>When a careful study of the testator’s language, applied to the circumstances by which he was surrounded, discloses an inadvertency or mistake in a description of persons or things in a will, which can be corrected without adding to the testator’s language, and thus making a different will from that left by, him, the correction should be made.</p> <p>A made a will, in which, after saying “and touching [my] worldly estate,” “ I give, devise and dispose of the same in the following’ manner,” he devised certain specific lots with the buildings thereon, respectively, to each of his near relations, and, amongst others,'to his brother H a lot described . as “lot numbered 6, in square 403, together with the improvements thereon erected.” He then devised to his infant son as follows : “the balance of my real estate, believed to be and to consist in lots numbered six, eight and nine, &c.,” describing a number of lots, but not describing lot No. 3, in square 406, hereafter mentioned : Held, (1) That the testator intended to dispose of all his real estate, and thought he had done so ; (2) That in the devise to H he believed he was giving him one of his own lots ; (3) That evidence might properly be received to show that the testátor did not, and ■ ’ never did, own lot No. 6, in square 403, which had no improvements thereon ; but did own lot No. 3, in square 406, which had a house thereon, occupied by his tenants ; and that this raised a'latent ambiguity ; and that this evidence, taken in conn