MEYER v. SCHWARTZ

No. 80CA1271.

638 P.2d 821 (1981)

Edith Schwartz MEYER, Plaintiff-Appellant, v. Pearl SCHWARTZ, as Personal Representative of the Estate of Martyn Schwartz, Deceased, and Sherwin R. Schwartz and Morton B. Schwartz, as Co-Trustees of the Pearl Schwartz Marital Trust and Martyn Schwartz Family Trust, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

Rehearing Denied October 8, 1981.

Certiorari Denied December 21, 1981.


Attorney(s) appearing for the Case

Bader & Cox, Gerald L. Bader, Jr., Charles A. Miller, Denver, for plaintiff-appellant.

Fishman & Geman, P. C., Donald T. Trinen, Denver, for defendants-appellees.


STERNBERG, Judge.

In this intra-family dispute, Edith Schwartz Meyer appeals from summary judgment granted in favor of the estate of Martyn Schwartz, her brother. She contends that she was entitled to a trial on the merits of her claims of breach of fiduciary duty and fraudulent concealment. We affirm.

Edith and Martyn were beneficiaries of a family trust which provided that on the death of the income beneficiary...

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