Schowalter v. Schowalter

The first appeal is reported in 217 Ala. 418, 116 So. 116.

In that decision it was indicated that Dr. Sehowalter’s will may be. properly construed by the courts as to the ambiguity or doubtful import of the terms employed, “remainder of my Estate”; and that parol evidence may be employed to enable the courts to assume the position of the testator, in order that the intent, of testator as expressed in the will be declared. First National Bank v. Sheehan, 220 Ala. 524, 126 So. 409.

It is recognized by the courts that while parol evidence is permissible in the matter of an ambiguity, to explain…