Adams

This is an action in declaratory relief. The pleadings consist of the complaint answer, cross-complaint, and the answer to the cross-complaint. The court decided for the defendant and the plaintiffs appeal.

The parties to the action are brothers and sisters.

As appellants’ brief recites, “In 1929 the father, Holmes Heyward Dyer, invented and in 1931 patented a certain device which he then called, and which he manufactured and sold during his lifétime under the commercial name of ‘Oil Weigh Meter.’ After his death in 1943 the invention and commercial business were, by decree of distribution in his estate, distributed to Jessie P. Dyer, the mother of the parties to this litigation. She thereupon carried on the business of manufacturing, selling and distributing the said ‘Oil Weigh Meter, ’ and continued to do so until her death in 1946. By will she left all of her property to her six children, share and share alike. During the administration of the mother’s estate the business was carried on by her executor. Her estate was about to be distributed when all of the children, her heirs, entered into the contract which.is the subject of this action and appeal. .It will be noted that…