Williams v. Whitehurst

Nichols, Justice.

The first question to be decided is whether the will was ambiguous so as to permit the introduction of parol evidence to aid in its construction as is permitted by Code § 113-807. The trial court’s judgment held in part: “In view of Item 3 of the will, the court allowed parol testimony to get to the intention of the testatrix.” Assuming that Item 3 which provided for the distribution of mineral rights (when no mineral rights were owned by the testatrix at the time of her death) to three sisters and niece of the testatrix without naming them constitutes an ambiguity subject to…