Estate of Scheffler

*425CuRRiE, J.

{dissenting). The trial court determined that the Fifth clause of testatrix’s will was not ambiguous, and, therefore, extraneous testimony of the lawyer scrivener who drew the will was not admissible to explain testatrix’s intent as to the amount bequeathed to each of the six children of Edwin Schuette, deceased. In reaching such result it applied the rule of construction favoring a per capita distribution over that of per stirpes. The majority opinion approves such holding, that the will contained no ambiguity, and comments that the counsel on both sides so conceded.

However, it is…