latent ambiguity

latent ambiguity
An ambiguity in a writing which does not appear until the writing is applied to the circumstances. Putnam v Bond, 100 Mass 58, 60. An uncertainty in an instrument which does not appear on the face, but which is shown to exist for the first time by matter outside the writing. Equivocality of expression, or obscurity of intention, arising not from the words of the instrument themselves, but from the ambiguous or obscure state of extrinsic circumstances to which the words of the instrument pertain, and which is susceptible of explanation by a mere development of extraneous facts without altering or adding to the written language or requiring more to be understood thereby than will fairly comport with the ordinary or legal sense of the words used in the instrument. 30 Am J2d Ev § 1073. In a will:–an ambiguity which is not discoverable from reading the will, but which appears upon consideration of the extrinsic circumstances, for example, a bequest to "my cousin John," it appearing that the testator has two or more cousins "John." 57 Am J1st Wills § 1042.

Ballentine's law dictionary. . 1998.

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  • latent ambiguity — latent am·bi·gu·i·ty / ˌam bə gyü ə tē/ n: an uncertainty which does not appear on the face of a legal instrument (as a contract or will) but which arises from a consideration of extrinsic facts or evidence compare patent ambiguity Merriam… …   Law dictionary

  • latent ambiguity — n. Law uncertainty existing where language employed in an instrument is clear and appears to have but one meaning, yet outside evidence makes it capable of more than one meaning: see PATENT AMBIGUITY …   English World dictionary

  • latent ambiguity — A defect which does not appear on the face of language used or an instrument being considered. It arises when language is clear and intelligible and suggests but a single meaning, but some extrinsic fact or some extraneous evidence creates a… …   Black's law dictionary

  • latent ambiguity — A defect which does not appear on the face of language used or an instrument being considered. It arises when language is clear and intelligible and suggests but a single meaning, but some extrinsic fact or some extraneous evidence creates a… …   Black's law dictionary

  • latent ambiguity — noun : an uncertainty which does not appear upon the face of a legal instrument but arises from evidence aliunde : an uncertainty not involved in words themselves but arising from outside matters opposed to patent ambiguity * * * Law. uncertainty …   Useful english dictionary

  • latent ambiguity — Law. uncertainty that arises when a seemingly clear written instrument is matched against an extrinsic fact, as when a description of something being sold fits two different items. [1840 50] * * * …   Universalium

  • ambiguity — I noun abstruseness, ambiguitas, bafflement, bewilderment, confounded meaning, confused meaning, confusion, disconcertion, doubtful meaning, doubtfulness, dubiety, dubiousness, duplexity in meaning, equivocalness, equivocation, incertitude,… …   Law dictionary

  • Ambiguity (law) — Ambiguity, in law, is of two kinds, patent and latent. Patent ambiguity is that ambiguity which is apparent on the face of an instrument to any one perusing it, even if he be unacquainted with the circumstances of the parties. In the case of a… …   Wikipedia

  • latent — la·tent / lāt ənt/ adj: existing in hidden or dormant form but usu. capable of being brought to light compare patent Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • ambiguity — /aembsgyuwatiy/ Doubtfulness; doubleness of meaning. Duplicity, indistinctness, or uncertainty of meaning of an expression used in a written instrument. Want of clearness or definiteness; difficult to comprehend or distinguish; of doubtful import …   Black's law dictionary

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