Kaiser v. Kaiser

(After stating the foregoing facts.) The petitioner attacks the division made by the court of ordinary, upon the ground that she is entitled to receive one fifth of an alleged surplus which justly belongs to her as income. She complains of a general conspiracy between all the defendants to diminish her interest in the estate of the testator which was intended for and devised to her. She contends that in pursuance of this conspiracy her trustee interposed no objection to the proceeding in the court of ordinary, or to the action proposed in that court by the executors. The acts of fraud, waste,…