Latent

Latent

In the Past

That which is concealed; or which does not appear; for example, if a testator bequeaths to his cousin Peter his white horse; and at the time of making his will and at his death he had two cousins named Peter and he owned two white horses, the ambiguity in this case would be latent, both as respects the legatee and the thing bequeathed. Vide Bac. Max. Reg. 23 and article Ambiguity. A latent ambiguity can only be made to appear by parol evidence and may be explained by the same kind of proof. 5 Co. 69. [1]

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Notes and References

1. Partialy, this information about latent is based on the Bouvier's Law Dictionary, 1848 edition. There is a list of terms of the Bouvier's Law Dictionary, including latent.

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