Anderson v. Vadnais
Supreme Court of Iowa
1Opinion of the Court
HARRIS, Justice.
This will construction ease turns on whether extrinsic evidence is admissible to show the testator’s intent. At issue is a bequest “to my nieces and nephews.” If the challenged evidence is admissible it conclusively shows the testator intended to include nieces and nephews by marriage— *480that is, those who were the children of brothers and sisters of the testator’s deceased wife. We think a latent ambiguity exists and that the evidence is admissible to resolve it. Accordingly, we reverse a trial court determination to the contrary.
The testator had one blood niece and one blood…
2Cases cited7 opinions
- In Re Estate of LarsonSupreme Court of Iowa · 1964
- Russell v. JohnstonSupreme Court of Iowa · 1982
- In Re Estate of LepleySupreme Court of Iowa · 1945
- In Re Estate of KielSupreme Court of Iowa · 1984
- Elliott v. HiddlesonSupreme Court of Iowa · 1981
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Matter of Estate of AndersonSupreme Court of Iowa · 1984