Hironymous

This action was brought to obtain a decree adjudging void a certain promissory note executed by the plaintiff and still outstanding, as authorized in such a case by section 3412 of the Civil Code, which reads as follows: “A written instrument, in respect to which there is a reasonable apprehension that if left outstanding it may cause serious injury to a person against whom it is void or voidable, may, upon his application, be so adjudged, and ordered to be delivered up or canceled.”

The ward of the defendant guardian is the daughter of a son of the deceased husband of the plaintiff by a former wife. In the month of December, 1904, the plaintiff made and executed her promissory note, in favor of certain trus tees, in trust for the said minor, for the sum of $1,000, payable on or before five years after date, with interest at the rate of six per cent per annum from date until paid and payable annually. Attached to said note was a writing disclosing the following conditions to which said trust was subject:

The foregoing was subscribed to by the trustees, named as defendants herein, but was not signed by the trustor.

On the twenty-eighth day of October, 1913, no part of the…