Alviar v. Gonzalez

I respectfully dissent. In construing a will, the intention of the testator is to be determined from the will itself by engaging in certain legal presumptions. If, after those presumptions have been applied, the will remains ambiguous, then extrinsic evidence is admissible in order to determine the testator’s intentions. The majority finds from the language a clear intent that the survivor take a life estate only, so as not to require the application of the presumptions the law provides as aids in will construction.

I, however, find the will to be unclear as to whether a life estate or fee…