Question: Testator dies leaving a valid will which stated in part: I leave $10,000 to my 6th grade teacher. When the will is submitted for probate,
Testator dies leaving a valid will which stated in part: "I leave $10,000 to my 6th grade teacher." When the will is submitted for probate, evidence is proffered that Testator's family moved during his 6th grade year, causing Testator to change school mid-year. As a result, Testator had two 6th grade teachers. The proffered evidence also sought to establish that Testator intended that Mrs. Smith, the second of his 6th grade teachers, was to be the recipient of the $10,000. In a jurisdiction following the traditional view, would such evidence be admissible? Question 8 options: a) No, because this is a patent ambiguity. b) No, because extrinsic evidence cannot be used to both establish the existence of the ambiguity and to resolve the ambiguity. c) Yes, because this is a latent ambiguity. d) Yes, because under the traditional view extrinsic evidence was always admissible to deal with ambiguities
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