Senger v. Senger's Ex'or

Citations

• 81 Va. 687
• 1886 Va. LEXIS 133

Syllabus

<p>1. Wills—Construction—Parol evidence—True enquiry.—Wills are explainable by the light of surrounding circumstances. But a party seeking to maintain a devise, must show it by the will itself, and no defects in the language used can be supplied by parol proof. The true enquiry is not what the testator meant to express, but what the words used do express. Burke v. Lee, 76 Va. 386.</p> <p>2. Idem—Latent ambiguity—Parol evidence.-—The only exception to the rule excluding -parol testimony as to the testator’s intentions, is in cases of latent ambiguity ; which is where, for anything appearing on the face of the will, the intention is certain, but there is some collateral matter de hors the will, that causes ambiguity; and extraneous evidence is admissible both to show the existence of the latent ambiguity and to remove it and disclose the testator’s meaning. Hawkins v. Garland, 76 Va. 149.</p> <p>3. Idem-—Meaning—Declarations.—Testator’s declarations that he intended to make, or had made, a particular bequest, are not admissible evidence to show the meaning of his will, except in cases of latent ambiguity. Wooten v. Redd, 12 Gratt. 196.</p> <p>4. Idem—Case at bar.—In his will testator said: “ It is my will that all my estate be equally divided between the children of my deceased son, J., and the children of my daughter, E., taking in consideration what I have already given them.” And he adds: “ As I have given to my daughter, E., §2,000 in land, it is my will that said sum be charged as that much advanced to her children out of my estate. And as I have given to her son, D., §600, and to A. and S., •the children of my son, J., §1,722.50 each, as down payment on land I sold them, it is my will that these sums be taken as advancements and charged as legacies out of my estate. It is my will that no interest be charged upon advancements already made, or upon legacies made in future. It is my will that, as fast as moneys come into my executor’s hands, he pay out legacies to