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Ambiguous Document
Last updated: 06-Oct-2014

Higgins v Dawson [1902] AC 1  at p.10 per Lord Davey, approving a dictum of Rigby LJ in C.A.:

The learned Lord Justice adds in a later passage: "It must be borne in mind that a will is ambiguous by reason only that it is difficult of construction. If it is finally held to bear a particular construction, that must govern its legal meaning, notwithstanding any difficulty that the Court may have felt in arriving judicially at the construction; it is only ambiguous when, after consideration, it is determined judicially that no interpretation can be given to it" - I will add what is apparently the meaning of the Lord Justice - without some explanation of the expressions used in it which are descriptive of the subjects of the bequests or of the persons to whom the bequests are made.

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