Darling v. Jones

The petition seeks a judgment declaring the status of the petitioners as creditors of the estate of Henry B. Darling. Such a declaration is ultimately dependent upon the construction and effect to be given to the alleged note. The petitioners contend that its provision for cancellation upon the death of Mary E. Jones, the payee, must be construed so as to refer to her death only if occurring before the death of Henry B. Darling. The petitioners alleged that the defendants’ contention is that the obligation of the note ceased to exist upon the death of Mary E. Jones, regardless of whether her…