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experience of mankind, to assist the court in finding the
testator's intent." Fidelity Union Trust Co. v. Robert, 67 N.J.
Super. 564, 574, 171 A.2d 348, 354 (1961).
3. Application of New Jersey Law
We shall be mindful of the New Jersey Supreme Court's
language in Engle v. Siegel, supra, and start with the will to
ascertain decedent's intent. Decedent herself drafted the
language whose interpretation is questioned. Her will stated:
"I give, devise and bequeath all of my stock * * * to my
daughter", which clearly states an intent to make a bequest of
decedent's stock; the present tense is used. The second part of
the sentence, "with the understanding that she will pay to my
son" indicates action that must be taken in the future, after the
daughter had inherited the stock; the future tense is used.
However, the exact meaning of the expression "with the
understanding" is sufficiently ambiguous that it is appropriate
to examine extrinsic evidence. Wilson v. Flowers, 58 N.J. 250,
263, 277 A.2d 199, 207 (1971).
At the time the codicil was drafted, decedent wanted two
things: (1) For her daughter to own all of the agency stock, and
(2) for her daughter to pay for one-half of decedent's stock.5
Our will construction problem is caused by her daughter's failure
5 The daughter's obligation to make payments under the
agreement was forgiven by decedent on her deathbed, after the
codicil had been drafted.
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