Legal Opinion

Best v. Hammond

Supreme Court of Pennsylvania

Decided October 31, 1867PublishedCited by 17 opinions

Error to the Court of Common Pleas of Franklin county. This was an action of ejectment, commenced June 21st 1865, by Nicholas Best, against Daniel Hammond for 28 acres of land. Both parties claimed under the following clauses in the will of Innis Dougal:— “ I give and bequeath to Nicholas Best that part of my farm in Amberson’s Valley beginning at a chestnut-oak corner, north west near Wolfe’s field, thence running in a straight line to the mountain.

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Error to the Court of Common Pleas of Franklin county. This was an action of ejectment, commenced June 21st 1865, by Nicholas Best, against Daniel Hammond for 28 acres of land. Both parties claimed under the following clauses in the will of Innis Dougal:— “ I give and bequeath to Nicholas Best that part of my farm in Amberson’s Valley beginning at a chestnut-oak corner, north west near Wolfe’s field, thence running in a straight line to the mountain. Also, I bequeath to Nicholas Best, the lot above the orchard, making the old lane the line in a straight direction to Wilson’s corner (a…

1Opinion of the Court

The opinion of the court was delivered, October 31st 1867, by

Thompson, J.

— It does not seem to be necessary, in order to a satisfactory determination of the errors assigned in this case, to define in what cases, or how far oral testimony, or testimony dehors a will, may be given to establish the meaning of the testator. The general rule, undoubtedly is, that parol evidence is admissible only to explain latent ambiguities in a will, or to apply its provisions to the subject or person intended, where the description is defective, uncertain, or too general to be understood: 3 Watts 241; 8 Harris…

2Cited by17 opinions

  1. Beisgen EstateSupreme Court of Pennsylvania · 1956
  2. Snyder's EstateSupreme Court of Pennsylvania · 1907
  3. Mizener's EstateSupreme Court of Pennsylvania · 1918
  4. City of Blackwell v. City of NewkirkSupreme Court of Oklahoma · 1912
  5. Arnold's EstateSupreme Court of Pennsylvania · 1913

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