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Ambiguity

Ambiguity. 1. Patent Ambiguity. Ambiguous on its face “I leave &^,#@( to Erica Evans.” “I leave my zdcix to Chad Decker.” “I leave _____________ to Ryan Nichols.”. 2. Latent Ambiguity. Makes sense on face but cannot be carried out as written. Hultquist v. Ring – p. 199

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Ambiguity

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  1. Ambiguity

  2. 1. Patent Ambiguity • Ambiguous on its face • “I leave &^,#@( to Erica Evans.” • “I leave my zdcix to Chad Decker.” • “I leave _____________ to Ryan Nichols.”

  3. 2. Latent Ambiguity • Makes sense on face but cannot be carried out as written. • Hultquist v. Ring – p. 199 • In re Estate of Cohorn – p. 202

  4. 3. No Apparent Ambiguity • Meaning is clear but can extrinsic evidence be used to “create” an ambiguity? • Gilkey v. Chambers – p. 204 • San Antonio Area Foundation v. Lang – p. 209

  5. Who decides? • Is will ambiguous? – Court • If unambiguous – Court decides meaning • If ambiguous – Fact finder (jury) decides facts needed to resolve ambiguity

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