Parol evidence may be admitted to explain a latent ambiguity in a will or codicil. But where the devisor made one will in 1752 and another in 1756, without disposing of his personalty or appointing executors by either, and by a codicil (reciting that by his last will, dated in 1753, he had made no disposition of his personalty) disposed of it, and appointed executors, it was held that there was no latent ambiguity, so as to let in parol evidence to shew that the testator intended by the codicil to confirm. the will of 1756, and not to republish that of 1’752.
Citations:
[1797] EngR 355, (1797) 7 TR 138, (1797) 101 ER 897
Links:
Jurisdiction:
England and Wales
Wills and Probate
Updated: 31 October 2022; Ref: scu.349452