WILLS-CONSTRUCTION-USE OF EXTRINSIC EVIDENCE

An action for a declaratory judgment was brought by William C. Borah, Jr. against the Lincoln Hospital Association and William H. H. Moore. In July 1912, Robert E. Moore made a will bequeathing $10,000 each to his nieces, Gertrude and Julia Byerly. Gertrude had been married but her husband and only child died in 1908. Julia was married and had a son, the plaintiff.

In June 1916, testator visited the nieces and the plaintiff and in December 1916, he added a codicil to his will reducing the bequests to the nieces to life estates with remainder to "the child of Gertrude Byerly." In June 1919, the testator, by codicil, increased the bequests to $15,000 with the same conditions as before. The Lincoln Hospital Association was residuary legatee and W. Moore was successor trustee. The purpose of the action was to determine whether the plaintiff or the residuary legatee was vested with the remainder. The trial court found for the residuary legatee and plaintiff appealed.

Held, plaintiff is entitled to the legacy. Extrinsic evidence can be used to aid in the interpretation of the will. Borah v. Lincoln Hospital Assn., (Neb. 1951) 46 N.W. (2d) 166.