Also known as: ambiguous terms · ambiguity · latent ambiguity · patent ambiguity
Written by attorneys · grounded in primary & secondary sources — see below
An uncertainty in meaning that is revealed by the text of a donative document or by extrinsic evidence other than direct evidence of intention contradicting the plain meaning of the text. The uncertainty may be patent on the face of the document or latent when applied to external facts. Resolution proceeds by reference to the donor's intention established by a preponderance of the evidence or by applicable rules of construction.
Adrian Aguilar's will devised Blackacre to his niece, but the property description matched no parcel he owned. Extrinsic evidence showed the description closely fit Whiteacre, which he did own and intended to pass. The court construed the will to devise Whiteacre rather than allow the gift to fail.
Amelia Amari's will left Lot 5 in the Riverside subdivision to her son. She owned no Lot 5 in that subdivision but did own Lot 5 in the adjacent Oakwood subdivision. Extrinsic evidence established she meant the Oakwood parcel. The court reformed the description to pass the intended lot.
Select any source to read its text and confirm it supports the definition.
Anthony Arnold's trust named his nephew Anthony Arnold Jr. as remainder beneficiary. Extrinsic evidence showed he meant his grandnephew of the same name who lived nearby. The court construed the text according to the donor's proven intention.
Aisha Ahmed's will left her estate to my children. A rule of construction favored equal shares among all living children. Evidence failed to show a different intention, so the court applied the rule and divided the estate equally.
Audrey Ashton's will left her art collection to my heirs. One constructional preference favored the closest blood relatives while another favored those named in prior estate plans. The court applied the more persuasive preference in light of the overall dispositive scheme.
Astra Aerospace and Alliance Holdings signed a supply agreement using the term delivery schedule without specifying timing. The parties attached different meanings to the phrase. No contract formed because there was no meeting of the minds on the material term.
The text is construed in accordance with the donor's intention established by a preponderance of the evidence from the document and extrinsic sources other than direct contradictory statements of intent.
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A latent ambiguity appears only when the text is applied to external facts, such as a will describing property the testator does not own, while a patent ambiguity is evident on the face of the document itself.
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The rule controls unless evidence establishes that the donor had a different intention, in which case the donor's proven intention governs instead.
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The most persuasive preference in the circumstances prevails unless evidence shows the donor had a different intention.
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…valuable assets "for the purpose of . . . influencing" the nomination or election of candidates for federal office. It is the ambiguity of this phrase that poses constitutional problems. Due process requires that a criminal statute provide adequate notice to a person of ordinary intelligence that his contemplated conduct…