Himmelfarb v. Horwitz

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 contingent on whether they “shall have married or be married to any person not of the Jewish faith or religion.” Defendant Morton Him-melfarb, a person within the class of…