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extrinsic evidence in will construction

Defined in 1 dictionary — Case Law

Definitions from Case Law

From 59 U.S. 385 - Wilkins v. Allen · 1855Most cited · 37 citing opinions

That the court may put itself in the place of the testator, by looking into the state of his property, and the circumstances by which he was surrounded when he made the will, is not only true as a general proposition, but without such information it must often happen that the will could not be sensibly construed… Such evidence, however, is only admissible to explain ambiguities arising out of extrinsic circumstances, as to persons provided for, objects of disposition, and the like… But evidence cannot be heard to show a different intention in the testator from that which the will discloses.