April 1 - A Question of Royalty

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On April 1, 1911, the publishing firm Dodd, Mead & Company in New York City wrote to Matilda Dunbar in Dayton regarding royalties from the literary works of her son, Paul Laurence Dunbar, who had died more than five years earlier.

We have received a letter from a lawyer, Mr. Howell S. England, requesting that we do not pay royalties to you until a settlement is made between you and Mrs. Alice Dunbar.  We of course have nothing to do with this matter, and as far as we are concerned we shall pay the royalties to Mr. Dunbar's heir.
 

Dodd, Mead & Company to Matilda Dunbar, April 1, 1911.  Paul Laurence Dunbar Papers, Ohio History Connection (Microfilm edition, Roll 2).

Paul and his wife Alice separated permanently in 1902 but never divorced.  After Paul died in 1906, his publisher sent royalty payments to Matilda.  Seeking a share of Paul's royalties for herself, Alice hired a Delaware lawyer, who wrote to her about the outcome of his efforts.

I am in receipt of two letters from Mr. Kuhns in which he says that he has had a very satisfactory interview with your mother-in-law, that the royalties for August, 1910, were $184.47 and for February of the present year, $369.22, or a total of $553.69, that one-third of this or $184.56 belongs to you and will be paid by your mother-in-law regardless as to whether she has sufficient cash on hand to make immediate remittance or not.  I have written Mr. Kuhns congratulating him upon his success and trust to have a check to you at an early date.
 

Howell S. England to Alice Moore Dunbar, April 19, 1911.  Paul Laurence Dunbar Papers, Ohio History Connection (Microfilm edition, Roll 9).

England's letter refers to Ezra M. Kuhns, an influential Dayton attorney who assisted Paul with the preparation of his will in 1903.  In the will, Paul left all of his assets to Matilda and made no specific provision for Alice.

I do further will and bequeath to my said mother Matilda J. Dunbar, to be hers absolutely, all my personal property of whatever kind or description, including moneys, stocks, notes, accounts, contracts for royalties, song rights, together with any sum or sums due or to become due thereon.  The estate herein devised and bequeathed, of course is subject to be diminished by the payment of my debts as hereinbefore provided, and any legal claims of my wife, Alice R. Dunbar, arising at my decease.
 

Last Will and Testament of Paul Laurence Dunbar, August 12, 1903.  Montgomery County Probate Court Will, Volume 33, Pages 43 - 47.  Montgomery County, Ohio, Records Center and Archives.

Lawyers for Matilda and Alice formalized an agreement regarding the division of royalty payments, and in later years Paul's publishing company sent checks to both of them.

I am in receipt of an agreement drawn up by Messrs. Craighead & Kuhns of Dayton, Ohio, signed by Mrs. Matilda Dunbar and to be signed by yourself authorizing Messrs. Dodd, Mead & Co. hereafter to pay all royalties due on the publications of your late husband in the following proportions:  To Mrs. Matilda Dunbar two-thirds and to yourself, one-third.  The signing of this agreement will prevent any future misunderstanding in the matter and you will receive your share of the royalties direct from the Company.
 

Howell S. England to Alice Moore Dunbar, August 25, 1911.  Paul Laurence Dunbar Papers, Ohio History Connection (Microfilm edition, Roll 9).

Dodd, Mead & Company
443 Fourth Avenue, New York, Aug 1 1919

To Estate of Paul Laurence Dunbar
On Sales From Feb. 1, 1919

367.42

Send check to Mrs. Alice Dunbar 122.47
Mrs. Matilda Dunbar 244.95

Royalty statement from Dodd, Mead & Company, August 1, 1919.  Paul Laurence Dunbar Papers, Ohio History Connection (Microfilm edition, Roll 2).