Wills Trusts & Estates keyed to Dukeminier
Dawson v. Yucus
Stewart devised her interest in her late husband’s farm house to two nephews living on her husband’s side of the family. She wrote, “.. believing as I do that hose farm lands should go back to my late husband’s house, I therefore give, devise and bequeath my one-fifth (1/5) interest in the lands as follows: one-half (1/2) of my interest therein to Stewart Wilson, a nephew, now living in Birmingham, Michigan and One-half (1/2) of my interest to Gene Burtle, a nephew, now living in Mission, Kansas. Burtle and Wilson were close to Stewart . Burtle predeceased Stewart. When the will was offered for probate, the trial court ruled that the gift did not constitute a class gift. It found that because Burtle died before Stewart, a latent ambiguity was created and the court admitted extrinsic evidence showing evidence of Stewart’s intent. The testimony showed that Stewart wanted the proeprty to go to her husband’s side of the house or to Gene Burtle and Stewart Wilson.
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