Kaiser v. Kaiser

1. The exception is to the refusal of the judge to grant an injunction and receiver, and to require the defendant, sued as trustee, to give bond. If the case be treated as one against a person who is not a trustee because the purported trust is invalid, the plaintiff does not show that he is entitled to any of the extraordinary relief sought.

2. The same result follows if it be adjudged that the trust is a valid, executory trust, and if the plaintiff be not precluded from so insisting; the defendant averring his willingness and intention to resign as trustee, he having tendered to the…