Indianapolis Home for the Aged, Inc. v. Altenheim of Indianapolis

DISSENTING OPINION

Wiltrout, J.

— I am unable to agree with the majority that the will involved here contains a latent ambiguity.

The will before us is not ambiguous in respect to whether the Home for the Aged located at 2007 N. Capitol Avenue, Indianapolis, Indiana, that is, the appellee The Altenheim of Indianapolis, is the legatee. Said appellee exactly fits the description in the will, and when applied to it none of the language is false, erroneous, or surplusage.

The will having declared the clear, paramount, and ruling intention of the testator that the home for the aged located at the…