Estate of Dye

In Estate of Dye (2001) 92 Cal.App.4th 966, the will provided that the estate be given to his wife as her " 'sole and separate property.' " An adopted-in son claimed the phrase "sole and separate property" was ambiguous thereby requiring the introduction of extrinsic evidence. The son attempted to introduce evidence to show that his adopted-out brothers should not receive anything under the will. The Court of Appeal held that the phrase was not a latent ambiguity. The court rejected the son's contention finding that he was seeking to inject new language and ideas into the will. (Id. at p. 979.)