Estate of Weiss

In the settlement of the final account of the administrator of the Estate of Henry William Weiss, deceased, objection was made by the heirs to the claim of Mary Heymann based on an alleged promissory note of deceased, which had been regularly presented for allowance, and allowed by the administrator and the judge of the superior court for the amount of five thousand dollars, and duly filed. The trial court by its order settling said account decided that the same was a valid claim against the deceased for the full amount of five thousand dollars, with interest from its date of allowance and filing, October 16, 1912, and directed payment thereof. We have here an appeal by the heirs from such "order.

It was claimed that the note, which admittedly is a genuine instrument, entirely in the handwriting of deceased, was a note for two thousand dollars only, rather than five thousand dollars, the contention being that a word therein claimed by claimant, to be a “five” is in reality a “two.” As read by the lower court, the note is as follows:

The heirs claim that the word before “Thousand,” read as a “Five” by the lower court, is in reality a “Two,” and that the evidence was insufficient…