Mahoney v. Grainger

283 Mass. 189, 186 N.E. 86 (1933)

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Nature of the Case

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Facts

Testatrix executed a will devising the residue of her estate to her 'heirs at law.' In fact, testatrix had an aunt as her sole heir at law at the time of her death. At the trial level, there was evidence that testatrix intended that the residue of her estate be left to some twenty-five cousins, in equal shares. However, the court found that the evidence was not admissible because the language of the will, implying multiple heirs at law, did not create a latent ambiguity given that testatrix actually had only one heir at law. Certain of testatrix's cousins (P) appealed.