Rosenblum v. Gibbons

SNYDER, Judge.

This is an appeal by plaintiff trustee from a judgment of the trial court awarding attorney’s fees to the counsel for one of the defendant beneficiaries. The original action was for a declaratory judgment to determine which of two trust indentures was valid. The determinative issue is whether the trial court had jurisdiction to award attorney’s fees after the cause had been appealed and the appellate court’s mandate had been issued. This court holds that it did not and reverses the judgment.

The cause was tried to the court which ruled that a trust indenture executed in 1981 was…