Coulam v. Doull
Utah Supreme Court
Appeal from a judgment of tbe district court of tbe third district, and from an order refusing a new trial. Tbe opinion states tbe facts. It is tbe general rule tbat tbe intent of a testator must be found on tbe face of tbe will, and tbat extrinsic evidence is inadmissible to sbow it, tbe only exceptions being where such evidence is needed to remove a latent ambiguity or to rebut a resulting trust: 1 Jarman on Wills, pp. 708-710 and note; 1 Rerlfield on Wills, 539; 1 Greenl.
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Appeal from a judgment of tbe district court of tbe third district, and from an order refusing a new trial. Tbe opinion states tbe facts. It is tbe general rule tbat tbe intent of a testator must be found on tbe face of tbe will, and tbat extrinsic evidence is inadmissible to sbow it, tbe only exceptions being where such evidence is needed to remove a latent ambiguity or to rebut a resulting trust: 1 Jarman on Wills, pp. 708-710 and note; 1 Rerlfield on Wills, 539; 1 Greenl. Ev. sec. 290; 1 John Ch. 231, Mann v. MannHawkins on Wills, p, 9; 7 Mete, (Mass.) 188 Tucker v. Seaman’s Aid Soc.; 22…
1Opinion of the Court
POWERS, J.:
The appellants brought action in the court below to recover an undivided interest in real estate. Parties plaintiff and defendant claim from a common source of title, viz., one John Coulam, who died testate in 1877. His will reads as follows:
“I, John Coulam, being of sound mind and memory, do make and publish this my last will and testament in manner and form following: I give and bequeath unto my beloved wife, Ann Coulam, all my personal property and real estate, to-wit: the sum of one thousand and twenty-five ($1,025) dollars, held in trust by Wells, Fargo & Co., and now due me…
2Cases cited10 opinions
- Cathcart v. RobinsonSupreme Court of the United States · 1831
- Mann v. MannNew York Court of Chancery · 1814
- Payne v. PayneCalifornia Supreme Court · 1861
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- In re Estate of GarraudCalifornia Supreme Court · 1868
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3Cited by11 opinions
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- In Re Newell's Estate &8212 Newell v. BradleyUtah Supreme Court · 1931
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