Court of Appeals of Kentucky, 1869

Hayes v. Rupey

Hayes v. Rupey
Court of Appeals of Kentucky · Decided February 26, 1869 · Robertson
3 Ky. Op. 394; 1869 Ky. LEXIS 449

Hayes v. Rupey

Opinion of the Court

Opinion of the Court by

Judge Robertson:

While the testamentary description of the advancement of money by the testator to his son Samuel O. Hayes, is vexatiously ambiguous as to the amount, we are inclined to concur with the circuit court in its interpretation; and, though the extraneous evidence would lead to a different construction, yet, the ambiguity being patent, that evidence was inadmissable, and cannot be judicially considered.

Wherefore the judgment of the circuit court is affirmed.

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