Neiderhauser v. Busenberg

The will of Bertha Witwer is ambiguous on its face in one respect. She designates her cousin Samuel Neiderhauser as one of her residuary legatees without specifying which one of two cousins bearing the same name she meant. Extrinsic evidence may be used to identify the person intended where the description of the beneficiary is ambiguous. Will of McIlhattan, 198 Wis. 518, 224 N. W. 713; Will of Doerfler, 225 Wis. 418, 273 N. W. 460; 2 Page, Wills (2d ed.), p. 2375, sec. 1418.

The trial court found that Samuel Neiderhauser of Danville, Ohio, was the intended beneficiary. The rule is well…