Admissibility of Extrinsic Evidence Self-Quiz
Doug’s
will left property to “my niece Brooke, living in Florida.”
In reality, Doug had a niece named Sunny living in Florida, and a niece
named Brooke living in Texas. Extrinsic evidence showed that Doug had
a much closer relationship with Sunny than with Brooke.
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Jesse’s
will devised “my former home located at 1215 Tequila Parkway.”
In reality, Jesse’s home was located at 1512 Tequila Parkway. Extrinsic
evidence showed that there was no 1215 Tequila Parkway and Jesse’s
address in other areas of the will, the phone book and mail was 1512 Tequila
Parkway. The court will reject the devise and the property will pass pursuant
to the intestacy statutes
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Jessica’s
will bequeaths “the sum of five hundred dollars ($5,000) to my brother
Herbert.” Under the traditional view, parol evidence would be admissible
to clarify this patent ambiguity.
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