In Re Estate of Ruebush

Ernest Simpson filed a claim against the Estate of Fred Ruebush, deceased, based on a promissory note for the face amount of $60,000, dated February 21, 1959. It contained a promise to pay “six months after date,” but at the bottom it is stated, “due at death.” This ambiguity was resolved by parole evidence that the note was intended to be due at death, but the estate was to have six months to arrange for settlement.

The trial judge disallowed the entire claim. On this appeal it is contended that the decision is contrary to the manifest weight of the evidence, and it is our opinion that this…