Britt v. Upchurch
Supreme Court of North Carolina
574 S.E.2d 462 (N.C. 2002)
Mr. Hartman's will left his "residence at 2615 Cooleemee Street" to his wife for life, then to his daughter Blanche Britt (plaintiff), while the residue of his estate went to his wife; tax records identified only lot 36 as that street address, while adjoining lot 37 was listed as vacant, even though evidence showed Mr. Hartman actually used both lots together as his residence. After Mrs. Hartman died leaving everything to her other daughter, Yvonne Upchurch (defendant), Upchurch tried to sell lot 37, and Britt sued to clear title to it; Upchurch offered an affidavit from the will's drafting attorney stating Mr. Hartman never intended lot 37 to be part of the bequeathed residence, but the trial court excluded the affidavit and granted Britt summary judgment, though the court of appeals reversed, finding the affidavit admissible.
Whether a testator's declaration of testamentary intent, as related through an attorney's affidavit, is admissible extrinsic evidence to resolve a latent ambiguity in a will describing the testator's property.