Nicholl, Exr. v. Bergner

This action was commenced in the Probate Court of Lorain county to construe the will of Prances Nicholl, deceased.

The single question in controversy related to .a latent' ambiguity in respect to the identity of one of the beneficiaries. A one-seventh part of the residuary estate was given to one “Edward Bergner.” The evidence disclosed two relatives who could be the natural objects of her bounty — one a brother named Edward G. Bergner, and the other a nephew named Edward C. Bergner. There is no doubt that she meant one or the other, and each claimed the share.

The trial court determined from…