In Re Fortwin Trust

Two issues are presented on this appeal:

1. Did the trial court err in finding that the undefined word “issue” as used in art. 8 of the “Fortwin Trust” was unambiguous ?

2. If the word “issue” is ambiguous as used in the “Fortwin Trust,” may the extrinsic evidence offered by appellant be introduced?

Ambiguity of the word ‘‘‘issue.”

Both parties to this appeal are in substantial agreement as to the appropriate rules of construction to be applied, and it would be well to review them at the very outset. It is clear that the principles of construction which are applicable to wills and testamentary…