First Security Trust Co. v. Mitchell

This suit is brought by a trustee for the benefit of Virginia Mitchell, a minor adopted daughter of the defendant Benjamin A. Mitchell and of his former wife Minnie I. Mitchell. Its principal object is to obtain for the minor one third of the defendant Mitchell’s share in the past and future royalties derived from a certain patent which is owned jointly by the defendant Mitchell and by one Kyle.

In 1921 Mr. and Mrs. Mitchell were divorced. Under date of April 1, 1922, they entered into an agreement in writing with each other. By the first paragraph of this agreement Benjamin A. Mitchell…