Appeals, Nos. 174, 175, 176 and 177, Jan. T., 1955, from decree of Orphans' Court of Lackawanna County, 1923, No. 391, in re Estate of David Bishop Hand, Dec'd. Decree affirmed; reargument refused April 9,
Philip Price, with him James W. Scanlon, Minturn T. Wright, III and Barnes, Dechert, Price, Myers & Rhoads, for appellants.
C. H. Welles, III, with him Esdras F. Howell and Welles & Mackie, for appellee.
Before Stern, C.j., Stearne, Bell, Musmanno and Arnold, JJ.
OPINION BY MR. JUSTICE BELL
David Bishop Hand died in 1923 leaving a widow, a son Cromwell and a daughter Mrs. Dean. Dr. Hand's widow died in 1950 and his son on March 16, 1953. A. Third Partial Account of the trustee under the will of Dr. Hand was filed because of the death of testator's son. The Court below awarded to the Estate of testator's son, F. Cromwell Hand, one-half of the royalties in excess of $18,000 a year which were received under decedent's contract with Smith, Kline & French
Company. Mrs. Dean and her three children opposed the claim and filed this appeal.
The disputes in this family have been both unfortunate and interminable. This is the fifth time the estate has been before this Court. It will therefore be sufficient, we believe, to briefly summarize the facts.
Dr. Hand practiced medicine in Scranton for many years and invented a number of proprietary medicines. In 1889 he entered into a contract with Smith and Kline Company, now known as Smith, Kline & French Company, under the terms of which the Company agreed to pay him certain royalties. Between 1899 and 1910 Dr. Hand and the Company made five contracts. On February 19, 1920 these contracts were modified and the royalty rates payable to Dr. Hand were increased. Dr. Hand executed and delivered to his son who had been in his employ the following paper: