Johnston v. Griest

The instrument upon which the appellant’s complaint is founded reads thus:

*504“January 1st, 1876.

“ This will certify that I do give to Charles E. Johnston $ 100, the money to be paid as soon as my financial condition will allow; and if Í do not live to pay it, I wish it paid out of my estate.” (Signed) “ Edward F. Griest.”

The questions presented are these:. First. Is the instrument a promise to pay money, or is it a promise to make a gift ?

Second. Is it so ambiguous as to make its construction depend upon extrinsic facts ?

Of these in their order.. If the words “ I do give ” are not qualified by…