Kuser v. Herbst

Meeting some diversity of opinion concerning their fiduciary rights and duties, the complainants, as trustees, desire a judicial interpretation of the Fourth article of the will of Susie Dryden Kuser, deceased.

The following portion of the article is pertinent:

"I give, devise and bequeath to my daughter, Cynthia Dryden Kuser, (sometimes known as Cynthia G.D. Kuser), absolutely, (but subject to such mortgages or other encumbrances as shall be thereon at the time of my death) my property known as `Faircourt' in Bernardsville, County of Somerset and State of New Jersey, which includes all the…