WILLS-CONSTRUCTION-USE OF EXTRINSIC EVIDENCE

A suit was brought for construction of a will bequeathing a sum of money "To the Home for the Aged located at 2007 N. Capitol Avenue, Indianapolis, Indiana." A home for the aged was conducted at that address by Altenheim of Indianapolis, while Indianapolis Home for the Aged, Inc. was located at 1731 N. Capitol Avenue. The probate court resolved the contest in favor of Altenheim of Indianapolis, holding the bequest to be unambiguous. On appeal, held, reversed. Upon attempted application the bequest was ambiguous and extrinsic evidence was admissible to interpret the language employed.

One judge dissented on the ground that the will contained no ambiguity. Indianapolis Home for the Aged, Inc., v. Altenheim of Indianapolis, (Ind. 1950) 93 N.E. (2d) 203.