Legal Opinion

In Re Baum's Estate

Utah Supreme Court

Decided March 6, 1956No. 8422PublishedCited by 3 opinions

1Opinion of the Court

CROCKETT, Justice.

John W. Baum died May 8, 1954, leaving as survivors six adult children. His will was admitted to probate without objection. It left substantial bequests to four of his children, but as to two of his sons, George and Oliver, left only $1 each. They petitioned the court to construe the will on the ground that it was ambiguous and sought to introduce extrinsic evidence of the testator’s intent. The trial court held that there was no ambiguity, refused the proffered evidence and dismissed their petition. They appeal from that action.

The contention as to ambiguity arises from a…

2Cases cited4 opinions

  1. McAlister v. ButterfieldIndiana Supreme Court · 1869
  2. In Re Bryan's EstateUtah Supreme Court · 1933
  3. In Re Beal's Estate. Beal v. HansenUtah Supreme Court · 1950
  4. Ellerbeck v. HawsUtah Supreme Court · 1953

3Cited by3 opinions

  1. Matter of Estate of LewisUtah Supreme Court · 1987
  2. Matter of Estate of GardnerUtah Supreme Court · 1980
  3. Rentmeister v. DesilvaUtah Supreme Court · 1976

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