California, United States of America
The following excerpt is from Wardlow v. Pozzi, 170 Cal.App.2d 208, 338 P.2d 564 (Cal. App. 1959):
Of course it may well be argued that the very fact of the total failure of the parties to expressly provide for the contingency of death, as in the case of McDonald v. Morley, supra, upon which plaintiff strongly relies, presents a question as to whether the element of survivorship was destroyed by the agreement. But it would also appear that by the very same failure to so provide, considered in light of the other express provisions of the agreement, at least an ambiguity was thereby created which should be resolved by the introduction of extrinsic evidence concerning the true meaning of the parties.
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