Ambiguity

^ The eflfeot of words that have either no definite sense or a double sense.^ Ambiguity or duplicity are predlcable' only of language as to which it is needful to make a choice of readings; while "indistinctness," "obscurity," and " uncei'tainty " incliide these, and also cases of language devoid of sense or which does not present any meaning with clearness or precision. The case of a blank left for a name should be deemed an uncertainty." Patent amtaigmty. Such ambiguity as appears upon the face of the writing itself.

Latent ambiguity

Where a writing is perfect and intelligible upon its face, but, from some circumstance admitted in proof, sou, J., quoting Campbell, C. J., in Doe v. Catomore, 71 E. C, L. 746 (ISai).

I Neft V. Homer, 63 Pa. 330-^1 (1869), cases.

— See also Batchelder v. White, 80 Va. 108 (1885), cases; Fuller v. Grfeen, 64 Wis. 165 (1885), cases; State v. Churchill, 48 Ark. 437-40 (1880), cases; 3 Daniel, Neg. Inst. K 1373-75, cases; 30 Alb. Law J. 245-49 (1884), cases; Bishop, Contr. §§ 745-76, cases. ^ L. alt&r, other. = [3 Bl. Com. 373, 111. *L. ambiguus, doubtful. ' [Ellmaker v. Bllmaker, 4 Watts, 90 (1835), Gibson, la doubt arises as to the applicability ■of the language to a particular person or thing.i Am Mguitas patens is that which appears to be ambiguous upon the instrument. Am- Mguitas tatens is that which seems certain and without ambiguity for anything that appears upon the instrument, but there is some collateral matter out of the deed that breeds the ambiguity. ^ A " latent ambiguity " is where you show that words apply equally to two different things or subject-matters. 3 Evidence is then admissible to show which thing or subject was intended.^ Difficulty in applying the descriptive portion of a deed to the external object usually arises from a latent ambiguity, which, having its origin in, is to be solved by, parol evidence.* ' A "patent ambiguity" means an inherent ambiguity which cannot be removed either by the ordinary i-ules of legal construction or by the application of extrinsic and explanatory evidence, showing that impressions p Hma /acie unintelligible are yet capable of conveying a certain, definite meaning.^ The court has to do with cases of patent ambiguity; the jury with a case of latent ambiguity. When the intention cannot be ascertained the defect is incurable. Ambiguitas verborum latens verificatione supple-. twr; nam guod ex facto oritur ambiguum verificatione facti tollitur. A latent ambiguity of words is supplied by evidence;

— for whatever arises ambiguous from a fact [extrinsic] may be removed by evidence of the fact.' Quotles in verbis nulla est ambiguitas, ibi nulla expositio contra verba flenda est. As long as in the words there is no ambiguity, then no interpretation contrary to the words is to be made.' A cardinal canon of interpretation, both of deeds and of statutes. The words, the context, an^ the subjeotmatter, are to be considered equally with the effect and consequences or the spirit and reason. If not before them." 1 Stokeley v. Gordon, 8 Md. 505-9 (1855)..2 [Lord Bacon, Max. Eeg. 28 (26), Law Tracts, 99-100. Approved, Lathrop v. Blake, 23 N. H. 60 (1851); Lycoming Mut. Ins. Co. V. Sailer, 67 Pa. 112 (1870); Deery V. Cray, 10 Wall. 270 (1869); Hawkins v. Garland, 76 Va. 152 (1882). ' See 1 Greeul. Ev. §§ 297-300; 1 Whart Ev. §§ 966-57, 961, 1008. » Smith V. Jeff ryes, 15 M. & W. •662 (1846), Alderson, B.; Webster v. Paul, 10 Ohio St. 534 (1860); 40 Ark. 241.' *Eeed v. Proprietors of Locks, 8 How. 290 (1850)- Moran v. Pi-ather, 23 Wall, 601 (1874). 6 Brown v. Guioe, 46 Miss. 302 (1872), Peyton, C. J. « Bacon, Max. 23; Broom, Max. 608; 2 Kent, 557; 13 Pet. 97; 100 Mass. 60; 8 Johns. 90; 67 Pa. 112. ' Broom, Max. 617; 2 Bl. C(jm. 379; 8 Mass. 201. A latent ambiguity in a will, which may be removed by extrinsic evidence, may arise: (1) When the will names a pereon as the object ot a gift, or a thing as the subject of it, and there are two pei*sons or things that answer such name or description;

— or (3) 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 peraon is not the one intended, or the thing does not belong to the testator. 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 a person or thing which can be corrected without adding to his language — thus making a different will, — the correction should be made.i One Gilmer, after making bequests to two Presbyterian churches in Illinois, and other bequests, left the rest of his estate " to be divided equally between the board of foreign missions and the board of home missions." Held, that there was a latent ambiguity respecting the object of the residuary gift, but that the ambiguity could be removed by extrinsic evidence; that the evidence introduced, taken in connection with the bequests to the Presbyterian churches, showed that the testator meant the Board of Foreign Missions and the Board of Home Missions of the Presbyterian Church of the United States ot America, of which he was a member and an of Soer, and not any board of missions controlled by the Baptist, Methodist, Episcopalian, or other denomination.' AMBUIiATOB.T.3 1. Moving about from one place to another; not held in any one place; not stationary. The court of common pleas while it followed the king's household was said to be ambulatory. 3. Not fixed in legal character; not yet settled past alteration; revocable. In this category is a sheriff's return until filed; and a will, to the last moment of testamentary rationality. Voluntas testatoris est ambulatoria usque ad mortem. The will of a testator is ambulatory (alterable, revocable) up to his death.*