University of Michigan Law School Scholarship Repository
Abstract
An action for a declaratory judgment was brought by William C. Borah, Jr. against the Lincoln Hospital Association and William H. H. Moore. In July 1912, Robert E. Moore made a will bequeathing 10,000eachtohisnieces,GertrudeandJuliaByerly.Gertrudehadbeenmarriedbutherhusbandandonlychilddiedin1908.Juliawasmarriedandhadason,theplaintiff.InJune1916,testatorvisitedtheniecesandtheplaintiffandinDecember1916,headdedacodiciltohiswillreducingthebequeststotheniecestolifeestateswithremaindertothechildofGertrudeByerly.InJune1919,thetestator,bycodicil,increasedthebequeststo15,000 with the same conditions as before. The Lincoln Hospital Association was residuary legatee and W. Moore was successor trustee. The purpose of the action was to determine whether the plaintiff or the residuary legatee was vested with the remainder. The trial court found for the residuary legatee and plaintiff appealed. Held, plaintiff is entitled to the legacy. Extrinsic evidence can be used to aid in the interpretation of the will. Borah v. Lincoln Hospital Assn., (Neb. 1951) 46 N.W. (2d) 166