Estate of Anderson, Matter of

• Decision Date: 19 December 1984
• Docket Number: No. 83-1641,83-1641
• Citation: 359 N.W.2d 479
• Parties: In the Matter of the ESTATE OF Lloyd P. ANDERSON, Deceased. Donald Rae ANDERSON and Marie Leonard, Appellees, v. Beverly Joan VADNAIS, Dan L. Sedlock, Elizabeth Sedlock, Gretchen Marie Sedlock, Sharman Haywood, Betty Brown Peavey, Theresa Lee, Steve Sedlock, Albert Junior Sedlock, Robert Joseph Sedlock, Reva Sego, Francine Esick, Mary Jennings, George E. Rebol, John Edward Sedlock, Kenneth J. Sedlock, Joey Lee Sedlock, Jeffrey Michael Sedlock, and Jordan David Sedlock, Appellants.
• Court: Iowa Supreme Court

Page 479

359 N.W.2d 479

In the Matter of the ESTATE OF Lloyd P. ANDERSON, Deceased.

Donald Rae ANDERSON and Marie Leonard, Appellees, v. Beverly Joan VADNAIS, Dan L. Sedlock, Elizabeth Sedlock, Gretchen Marie Sedlock, Sharman Haywood, Betty Brown Peavey, Theresa Lee, Steve Sedlock, Albert Junior Sedlock, Robert Joseph Sedlock, Reva Sego, Francine Esick, Mary Jennings, George E. Rebol, John Edward Sedlock, Kenneth J. Sedlock, Joey Lee Sedlock, Jeffrey Michael Sedlock, and Jordan David Sedlock, Appellants.

No. 83-1641.

Supreme Court of Iowa.

Dec. 19, 1984.

Dennis W. Emanuel of Webber, Gaumer & Emanuel, Ottumwa, for appellants.

Samuel O. Erhardt and Samuel K. Erhardt, Ottumwa, for appellees.

Considered by HARRIS, P.J., and McGIVERIN, LARSON, SCHULTZ, and WOLLE, JJ.

HARRIS, Justice.

This will construction case turns on whether extrinsic evidence is admissible to show the testator's intent. At issue is a bequest "to my nieces and nephews." If the challenged evidence is admissible it conclusively shows the testator intended to include nieces and nephews by marriage-- that is, those who were the children of brothers and sisters of the testator's deceased wife. We think a latent ambiguity exists and that the evidence is admissible to resolve it. Accordingly, we reverse a trial court determination to the contrary.

The testator had one blood niece and one blood nephew. His deceased wife had nineteen blood nieces and nephews. According to the challenged evidence the testator told his lawyer he wanted his estate to go to his twenty-one nieces and nephews, two on his side of the family and nineteen to whom he was related through his deceased wife. The testator at first sought to specify the twenty-one beneficiaries by name. He was, however, unable to supply all the names and addresses. The residual clause, when drawn, merely specified that the property pass "to my nieces and nephews, who survive me, share and share alike."

The challenged extrinsic evidence went further. It showed that, although there was certainly no estrangement, the testator was only casually associated with the niece and nephew with whom he was related by blood. The testator had not seen either of them for at least ten years prior to his death. He did not have the address of the blood nephew and did not even know whether the blood niece was alive.

On the other hand the testator had a close and affectionate association with various of the nieces and nephews with whom he was related through his wife. These relationships continued after the death of the testator's wife, some five years prior to his own.

The blood nephew and niece brought this declaratory judgment action, asking that the bequest be construed to exclude the nineteen nieces and nephews whose relationship with the testator was not by blood.

The trial court found the bequest to be unambiguous and held that, according to its common legal definition, the term "nieces and nephews" referred only to those related by blood. Hence none of the extrinsic evidence was admitted to show the testator's intent to the contrary. As a result the trial court held that the blood niece and blood nephew were the sole beneficiaries under the will. This appeal followed.

I.

A declaratory judgment to construe or interpret a decedent's will is tried in equity and our review is de novo.

Russell v. Johnston, 327 N.W.2d 226, 228 (Iowa 1982). In a de novo review, of course, we make findings of fact anew. In so doing, we give weight to the fact findings of the trial court but we are not bound by them. Iowa R.App.P. 14(f)(7).

There is no quarrel about the fundamental precepts which apply in will interpretation cases:

It is well settled law (1) the testator's intent is the polestar and must prevail; (2) his intent must be gathered from a consideration of (a) all the language contained in the four corners of his will, (b) his scheme of distribution, (c) the circumstances surrounding him at the time he made his will and (d) the existing facts; and (3) technical rules or canons of construction should be resorted to only if the language of the will is ambiguous or conflicting or the testator's intent is for any reason uncertain.

In re Estate of Larson, 256 Iowa 1392, 1395, 131 N.W.2d 503, 504-05 (1964).

Neither is there any challenge to the trial court's determination that there is no patent ambiguity in the bequest and that the term "nieces and nephews" commonly refers only to those related by blood. See Shalkhauser v. Beach, 14 Ohio Misc. 1, 233 N.E.2d 527, 530 (1968); see also 80 Am.Jur.2d Wills § 1198 (1975); 95 C.J.S. Wills § 667 (1957).

II. What is disputed is the trial court's failure to find a latent ambiguity. The appellants contend a latent ambiguity surfaced when the language of the bequest did not square with the actual number of blood nieces and nephews. That is, the bequest, as to both genders, was plural whereas in point of fact there was but one blood niece and but one blood nephew.

The trial court dismissed this anomaly on the basis of In re Weber's Estate, 155 Pa.Super. 403, 38 A.2d 362, 363 (1944). It...