- Ts died in 1960
- Ts each made the same bequest to Robert J. Krause
- However, they had intended to leave it to Robert W. Krause
- Wills was probated
- TC awarded both bequests to Robert W
Whether the will can be corrected
- The traditional rule is that, even in the case of a demonstrable mistake, wills must not be reformed and extrinsic evidence is not admissible unless there is an ambiguity.
- Where details of identification are involved, courts should receive evidence tending
The Holding / Disposition
- Court acknowledges traditional rule and notes that there was no ambiguity.
- However, since details of identification are highly susceptible to mistake, courts should receive evidence tending to show that a mistake has been made and disregard he details