In Re Estate Of Cole

621 N.W.2d 816 (2001)

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Nature of the Case

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Facts

Cole executed a will on July 1, 1999, and died testate on July 8, 1999. Cole's will stated a bequest to the appellant in 'the sum of two hundred thousand dollars ($ 25,000).' The personal representative petitioned the court for a construction of the will to find that appellant's bequest was for $25,000. The personal representative moved for summary judgment, basing the motion principally upon the affidavit and file notes of the scrivener, attorney Robert C. Black, III. Black's affidavit explains that he used his computer to 'copy and paste' another paragraph of the will bequeathing 'two hundred thousand dollars ($ 200,000.00)' to another individual and changed the name to Veta Vining. Black then changed the numerals to $ 25,000, the amount chosen by his client, but failed to change the words indicating the amount to 'twenty-five thousand dollars.' Referring to historic precedents for admitting direct evidence of intention for latent but not patent ambiguities, the court concluded that the distinction serves no useful purpose. The court rules for Respondent and Appellant appealed.