| 词汇 | Legatee5 |
| 释义 | `1`Legatee5 `2` "Legal Lexicon": Where the name has been mistaken in a will or deed, it will be corrected from the instrument, if the intention appear in the description of the legatee or donee or in other parts of the will or deed. For example, if a testator give a bequest to Thomas second son of his brother John, when in fact John had no son named Thomas and his second son was called William; it was held William was entitled. When a bequest is made to a class of individuals, nomin-atim and the name or christian name of one of them is omitted and the name or christian name of another is repeated; if the context of the will sbow that the repetition of the name was error and the name of the person omitted was intended to have been inserted, the mistake will be corrected. As where a testator gave his residuary estate to his six grandchildren, by their christian names. The name of Ann, one of them, was repeated and the name of Elizabeth, another of them, was omitted. The context of the will clearly showed the mistake which had occurred and Elizabeth was admitted to an equal share in the bequest. The Effect Of Mistakes In The Descriptions Of Legatees And The Admission Of Parol Evidence In Those Cases. Where the description of the legatee is erroneous, the error not having been occasioned by any fraud practiced upon the testator, and there is no doubt as to the person who was intended to be described, the mistake will not disappoint the bequest. Hence if a legacy be given to a person by a correct name, but a wrong description or addition, the mistaken description will not vitiate the bequest, but be rejected. Wherever a legacy is given to a person under a particular description and character which he himself has falsely assumed; or, where a testator, induced by the false representations of third persons to regard the legatee in a relationship which claims his bounty, bequeaths him a legacy according with such supposed relationship and no motive for such bounty can be supposed, the law will not, in either case, permit the legatee to avail himself of the description and therefore he cannot demand his legacy. The same principle which has established the admissibility of parol evidence to correct errors in naming legatees, authorizes its allowance to rectify mistakes in the description of them. If neither the will nor extrinsic evidence is sufficient to dispel the ambiguity arising from the attempt to apply the description of the legatee to the person intended by the testator, the legacy must fail from the uncertainty of its object. The Consequences Of Imperfect Descriptions Of Or Reference To Legatees Appearing Upon The Face Of Wills And When Parol Evidence Is Admissible. These cases occur: 1. When a blank is left for the Christian name of the legatee; 2. When the whole name is omitted; 3. When the testator has merely written the initials of the name, and; 4. When legatees have been once accurately described, but in a subsequent reference to one of them, to take an additional bounty, the person intended is doubtful from ambiguity in the terms. When a blank is left for the Christian name of the legatee, evidence is admissible to supply the omission. When the omission consists of the entire name of the legatee, parol evidence cannot be admitted to supply the blank. When a legatee is described by the initials of his name only, parol evidence may be given to prove his identity. When a patent ambiguity arises from an imperfect reference to one of two legatees correctly described in a prior part of the will, parol evidence is admitted to show which of them was intended, so that the additional legacy intended for the one will depend upon the removal of the obscurity by a sound interpretation of the whole will. --b-- |
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