Pudd'nhead Wilson will go out again nest season under the management of C. E. Evans. The play is still regarded as very valuable property, and has not yet been seen in a large territory where it is sure to prove popular. Manager Evans is endeavoring to secure some good character actor for the title role, and though Frank Mayo's magnetic personality is sure to be sorely missed, it is probable that some one can be secured to give more than a mere perfunctory performance of the part. Mr. Evans, it is said, wanted W. H. Thompson for Pudd'nhead, but this actor is already under contract to the Miner-Brooks syndicate for next season. Mr. Evans is said to be negotiating with Odell Williams to play the part.

Pudd'nhead Wilson, the play which the late Frank Mayo adapted from Mark Twain's story, is to be sold at auction on Sept. 1. After Mayo's death, his son, Edwin F. Mayo, informed Charles E. Evans, who owns a half interest in the play, that he was desirous of succeeding his father in the title role. Mr. Evans, on the contrary, wished to send the play out with Odell Williams in the part. Negotiations then came to a stand-still and the company engaged to support Mr. Williams were released. All the original scenery, as well as the right to produce the play will be sold on Sept. 1.

Justice Prior, of the Supreme Court, yesterday afternoon rendered decision in the Pudd'nhead Wilson case. He decided that the manuscript of the play, being the work of the late Frank Mayo, reverts legally to the heirs of the Mayo estate. He ordered, however, that no settlement should be made until Wednesday, when Edwin F. Mayo must purchase from Manager Charles E. Evans the printing, scenery, costumes, and properties of the production.

This decision means that while Edwin Mayo acquires the rights to the play, he must buy Mr. Evans's share of the old partnership of Mayo and Evans.

Lawyer T. F. Atchison appeared for Mr. Mayo. Charles H. Batter represented Mr. Evans.

In last week's MIRROR brief note was made of Justice Pryor's decision in the Mayo Evans case respecting the rights of both parties to the play of Pudd'nhead Wilson. As published, Justice Pryor decided that the manuscript of the play reverted legally to the Mayo estate. The technical basis for this decision will be found in the subjoined copy of Justice Pryor's opinion:

"Upon the terms and intent of the copartnership arrangement it is clear that the play was not to become the property of the partnership. The right conveyed by Mayo to the copartnership was the right to produce the play during the four years of the copartnership existence, and on termination that right would, of course, revert to Mayo. Meanwhile, should Evans exercise his option to dissolve the copartnership, the manuscript--possessed by the copartnership only for the purposes of production--is, by express provision of the agreement, to be returned to Mayo. The copartnership is ended by an event not contemplated by the parties, namely, by the death of Mayo; and in the absence of any provision for that contingency, the question is: Does the property in the play survive the remaining partner, or vest in Mayo's personal representative? As the agreement did not impart the ownership of the play to the copartnership, no right to it could pass to the surviving partner. But the agreement did communicate to the copartnership the right to produce the play during the four years of the copartnership existence; and then the question is: Does that right survive to Evans? Manifestly not.

"By the agreement between the parties Mayo engaged to 'render his services as an actor in the said play.' In his brief the learned counsel for the defendant says: 'It must be noted that Mr. Mayo was a well-known actor, a man of great ability in his profession, and well adapted to perform the peculiar character and leading part in the play, and Mr. Evans was not only induced to go into the enterprise by his approval of the manuscript as a play, but also from his confidence in Mr. Mayo's ability to perform the part.' By the death of Mayo, therefore, the contract between the parties becomes impossible of performance, and in legal effect is dissolved (Lacy v. Getman, 119 N. Y., 109, 115; Greenburg v. Early, 4 Misc. 99, 102; Johnson v. Hartshorne, 52 N. Y., 173, 176). The inevitable conclusion is that the play passes to Mayo's representative. Since, from the nature of the case, irreparable injury will ensue to the plaintiff from the sale or production of the play, an interim injunction is the allowable and appropriate relief (Grill v. Wiswall, 82 Hun, 281) Motion granted, with costs; order to be settled on notice."

Messrs. Atchison and Bower were Mr. Mayo's attorneys; Charles Henry Butler represented Mr. Evans.