ambiguity on the factum

An ambiguity, not upon the construction, as whether a particular clause shall have a particular effect, but an ambiguity as to the foundation of the instrument, or a particular part of it, for example, whether a testator meant a particular clause to be part of the instrument, or whether it was introduced with his knowledge, or, again, whether a codicil was meant to republish a former or a subsequent will, or whether the residuary clause, or any other passage, was accidentally omitted. 57 Am J1st Wills § 873.

Ballentine's law dictionary. . 1998.

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