Hand Estate

Opinion by

Mr. Justice Bell,

Cromwell Hand’s heirs filed a claim for “excess royalties” at the audit of the fourth and final account *618of the trustee1 of the will of Dr. David Bishop Hand, Avho was Cromwell’s father. Dr. Hand’s testamentary (residuary) trust has terminated and the principal is presently distributable to the remaindermen. The lower Court allowed the claim.

The question involved narroAVS down to this: Are the heirs of CromAvell Hand entitled to “excess royalties” under the contract made between Denver Chemical Company and the trustee of the will of Dr. Hand?

Dr. Hand died April 1,…