In construing a will, the court may hear parol evidence of the circumstances surrounding the testator at the time of execution to explain all ambiguities, whether latent or patent.
(Code 1981, §53-4-56, enacted by Ga. L. 1996, p. 504, § 10.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 80 Am. Jur. 2d, Wills, §§ 1114.
C.J.S.- 95 C.J.S., Wills, § 599. 96 C.J.S., Wills, §§ 834, 892, 893.
ALR.
- Devise or bequest to beneficiary designated only as one who shall render specified service or occupy specified position or status, other than mere relationship, 38 A.L.R. 775.
Construction and effect of provisions of will regarding abatement of legacies or devises in event of insufficiency of assets to pay all in full, 101 A.L.R. 704.
Incorporation of extrinsic writings in will by reference, 144 A.L.R. 714; 173 A.L.R. 568.
Designation of legatee or devisee by abbreviation, 153 A.L.R. 486.
Effect of error in mentioning the number who are to take under a devise or legacy to persons described as a class, 173 A.L.R. 1012.
Term "next of kin" used in will, as referring to those who would take in cases of intestacy under distribution statutes, or to nearest blood relatives of designated person or persons, 32 A.L.R.2d 296.
Admissibility of subsequent declarations of settlor to aid interpretation of trust, 51 A.L.R.2d 820.
Person entitled to devise or bequest to "husband," "wife," or "widow,", 75 A.L.R.2d 1413.
Conclusiveness of testator's statement as to amount of debt or advancement to be charged against legacy or devise, 98 A.L.R.2d 273.
Admissibility of extrinsic evidence to clarify location of real property devised in a will, 16 A.L.R.3d 386.
Admissibility of extrinsic evidence to identify stocks, bonds, and other securities disposed of by will, 16 A.L.R.3d 432.
Admissibility of extrinsic evidence to determine whether fee or absolute interest, or only estate for life or years, was given, 21 A.L.R.3d 778.
Effect upon testamentary nature of document of expression therein of intention to make more formal will, further disposition of property, or the like, 46 A.L.R.3d 938.
Effect of gift to be disposed of "As Already Agreed" upon or the like, 85 A.L.R.3d 1181.