McKenzie v. Cutter

1. Was the “contract to make a will” ambiguous? The first question to be determined ott this appeal is whether the “contract to make a will” is ambiguous. The general rule on whether a contract is to be considered ambiguous is well stated in 12 Am. Jur., Contracts, p. 752, sec. 229:

“It has been said that it is only where the language of a contract is ambiguous and uncertain and susceptible of more than one construction, that a court may, under the well-established rules of construction, interfere to reach a proper construction and make certain that which in itself is uncertain. Where the…