Court rejects latent/patent distinction

In University ofSouthern Indiana v. Baker, 843 N.E.2d 528 (Ind. 2006), the Supreme Court of Indiana rejectedthe distinction between latent and patent ambiguities. The decedent’s willpoured over to her trust, in which she gave all of her automobiles,furnishings, “and other personal property” to her brother, a gift of $10,000 toa friend, and the residue of the trust proper to charity. The probate court foundand the intermediate appellate courts affirmed that the language gave all ofthe decedent’s tangible and intangible personal property to her brother. TheSupreme Court reversed based on extrinsic evidence, saying the distinctionbetween latent and patent ambiguities “no longer serves any useful purpose” andthat all relevant extrinsic evidence may be considered when resolving anambiguity.