Estate of Nunes

The basic problem presented on this appeal is whether the seventh paragraph of the will of Joseph F. Nunes so clearly describes the respondent as recipient of the bequest therein provided.as to preclude the introduction of extrinsic evidence that would tend to show that, in fact, the decedent intended to leave the bequest to appellant. The trial court determined, as a matter of law, that respondent was the only person precisely described in the will, excluded the proffered extrinsic evidence to show a contrary intent, and instructed the jury to bring in a verdict for respondent. From the…