Estate of McDonald

The issue which confronts the court on this appeal is whether the county court, in construing the phrase “my children,” is constrained to stay within the four corners of the will because the phrase is clear and unambiguous, or whether it may deem the phrase ambiguous, in view of the adoption by Bethe of testator’s two children by testator’s first marriage, and consider extrinsic evidence to ascertain testator’s intent.

We start with the general principle that extrinsic evidence is usually not admissible to explain the word “children” appearing in a will. 57 Am. Jur., Wills, p. 692, sec. 1071.…