...ambiguity at all; but if the truth be that I have the manors both of South S. and North S., this ambiguity is matter in fact, and therefore it shall be holpen by averment, whether of them was that the party intended should pass. " So, if I set forth my land by quantity, then it shall be...

...ambiguity at all. But if the truth be, that I have the manors both of South S. and North S., this ambiguity is matter in fact ; and therefore it shall be holpen by averment, whether of them it was that the party intended should pass,' " In Wigmore on Evidence, § 2472, it is said : "Declarations of intention,...

...ambiguity at all; but if the truth be that I have the manors both of south S and north S., this ambiguity is matter in fact; and, therefore, it shall be holpen by averment, whether of them was that the party intended should pass."81 Many courts today agree with Professor Thayer that "Bacon's...

...if the truth be, th at I have the manors both of South S. and North S., this ambiguity is matter of fact; and, therefore, it shall be holpen by averment, whether of them it was that the party intended should pass."—1 Gr. Ev. § 297. In such case, the court does not receive the testimony...

...at all ; but if the truth be that I have the manors both of South S. and jSTorth S., this ambiguity is matter in fact, and therefore it shall be holpen by averment, whether of them was that the party intended should pass. Id. 92. Broom's Max. 260. 1 Powell on Devises, 477. 2 Kent's...