Extrinsic evidence of the testator’s intent was sufficient to construe “spouse” to include surviving spouse

In its opinion in In re Trust Created By Agreement Dated December 20, 1961, ex rel. Johnson, 944 A.2d 588 (N.J. 2008), the court affirmed a judgment finding the list of permissible beneficiaries of a discretionary trust which included the testator’s children, their “spouses” and their issue included surviving spouses of deceased children.
   

The court agreed that the term “spouse” was ambiguous and that the probable intent of the testator could be ascertained by the use of extrinsic evidence including the testimony of the scrivener.
   

Although most of the testimony should have been excluded as mere opinion, there was sufficient testimony relating to the testator’s direct statements to sustain the judgment of the lower court when combined with evidence of the testator’s over all estate plan which included several other lifetime trusts.