3 Watts 385 | Pa. | 1834
The opinion of the Court was delivered by
There may possibly be a speck of error in the twelve exceptions to evidence, but my eye is not sufficiently microscopic to discern it. Nothing could raise a doubt of the competency of any part of the proof, were it not that evidence was allowed of acts done and expressions used by the testator before and after
In relation to the charge, it may be proper to inquire how much of the matter put to the court was irrelevant, or exclusively for the determination of the jury. The ascertainment of intention from the will itself, falls within the province of the court; and where the sense is incomplete, the deficiency cannot be supplied by extrinsic evidence: ajlatent ambiguity occurs, and the bequest is vpid. But a discrepance, or an accordance, between, the whole or particular parts of the description, may be shown by evidence dehors, to create, or to destroy an ambiguity which is said to be latent, because it is concealed by the will, and disclosed but by extrinsic circumstances. A legatee is designated by name; or by description according to his condition or
Judgment affirmed.