Davis v. Shanks

In this cause, we consider whether a probate court erred by refusing to consider extrinsic evidence to determine the meaning of the term “contents” as used in a will.

Jesse Harris executed a will in December of 1992 leaving to Jesse Davis the house they shared and “all the contents therein; EXCEPT, the curio cabinet and Dresden dolls.” Harris placed stock certificates valued at about $220,000 in Davis’ bag in a closet of the house. In a sealed letter that Davis was to open upon Harris’ death, Harris told Davis where to find the stock certificates and instructed him to take them.

Harris died in…