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IN RE ESTATE OF RUEBUSH

Gen. No. 64-33.

53 Ill. App.2d 54 (1964)

202 N.E.2d 344

In the Matter of the Estate of Fred Ruebush, Deceased. Ernest Simpson, Appellant, v. Henry Ruebush, as Administrator, etc., Appellee.

Appellate Court of Illinois — Third District.

November 16, 1964.

Attorney(s) appearing for the Case

George K. Meuth, of Cuba, for appellant.

T. Otis Brown, of Bushnell, for appellee.

SCHEINEMAN, J.

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...

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