Estate of Gehl v. Reingruber

The respondents contend that the use of the word, “children,” by the testatrix constitutes a latent ambiguity and that, therefore, extrinsic evidence is properly permitted to show that the stepchildren, as well as the natural child, of Theresa Gehl were to be included in the term. While we agree with respondents’ ultimate conclusion, we do not agree that there is an ambiguity which calls into play the rules delineating the use of extrinsic evidence. The proper rule was stated in Estate of Gibbs (1961), 14 Wis. 2d 490, 496, 111 N. W. 2d 413:

“Under rules as to construction of a will, unless…