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HIMMELFARB v. HORWITZ

No. 86-206.

536 A.2d 86 (1987)

Morton HIMMELFARB, Appellant, v. Jean H. HORWITZ, et al., Appellees.

District of Columbia Court of Appeals.

Decided December 9, 1987.

Attorney(s) appearing for the Case

Harry L. Ryan, Jr., Washington, D.C., for appellant Morton Himmelfarb. James L. Rider, Washington, D.C., entered an appearance for Ada Naiman, et al., Trustees.

Michael F. Curtin, Washington, D.C., guardian ad litem.

Before ROGERS and STEADMAN, Associate Judges, and NEBEKER, Associate Judge, Retired.

NEBEKER, Associate Judge, Retired:

This is an appeal from an order of the trial court denying summarily the plaintiffs' and defendant Morton Himmelfarb's dual motions for a final declaratory judgment. The plaintiffs, in their capacity as trustees of the trust at issue here, had sought a declaratory judgment invalidating a provision of the trust which made the beneficiaries' entitlement to a share of trust income or corpus...

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