Gifford v. Dyer

2 R.I. 99

• Court: Supreme Court of Rhode Island
• Decided: March 6, 1852
• Status: Published

Opinion

Greene, C. J.,

delivered the opinion of the Court. It is very apparent in the present case, that the testatrix would have made the same will, had she known her son was living. She did not intend to give him anything, if living.

But if this were not apparent and she had made the will under a mistake as to the supposed death of her son, this could not be shewn dehors the will. The mistake must appear on the face of the will, and it must also appear what would have been the will of the testatrix but for the mistake. Thus, where the testator revokes a legacy, upon the mistaken supposition that the legatee is dead, and this appears on the face of the instrument of revocation, such revocation was held void. Campbell v. French, (3 Vesey 321.)