Chambers v. Kane

Carole A. Chambers (plaintiff) brought an action in the Court of Chancery against her brother, Richard L. Kane (defendant), individually and as a successor trustee of a residuary trust created under the will of John W. Kane, the deceased father of both parties. Thereafter, Sally H. Kane, the mother of the parties, intervened in the lawsuit.

For present purposes, the critical issues are alleged in the second count of the complaint. Briefly, plaintiff seeks an accounting from her brother and a surcharge against him for loss and diminution of their mother’s assets which, she says, resulted from…