This section contains the nature of the case and procedural background.

A testator gave instructions to his attorney to draft a will with a residual beneficiary. That attorney screwed up and failed to name the residual beneficiary as he was instructed. The two prior wills drafted by the same attorney for the testator named a personal friend Richard Knupp (P) as the residual beneficiary. The attorney submitted an affidavit admitting that he had mistakenly failed to designate the residual beneficiary as he had been instructed. The trial judge found the will was ambiguous on its face and heard extrinsic evidence. However, the judge came to his senses and excluded that evidence. This appeal resulted.

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