WESTENHAVER, District Judge.
Plaintiff in error, also plaintiff below, sued at law upon a written instrument reading as follows:
"Received this day $10,000 (ten thousand dollars) from Kate T. Woolsey, trustee, to be invested in syndicate shrs. of the `Old Kentucky mine' situated in Placer Co., Cal., of which E. L. Ford is now president. In case of my death, this money is...
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