- 6 - Banana Moon Trust and Purple Passion Trust jointly filed a petition in this Court. That petition was signed on behalf of each petitioner by J.C. Chisum as “Trustee”. Respondent’s motion contends in pertinent part: 14. There is absolutely no evidence from which the Court can adduce that Mr. Chisum is the current trustee of either of the petitioner trusts. 15. Petitioners have provided no evidence that the appointment of Mr. Chisum (as trustee) was valid or authorized under the terms of the respective trust indentures * * *. 16. * * * petitioners have failed to demonstrate that Mr. Chisum was legally appointed as trustee of either of the petitioner trusts and therefore, [is] authorized to act on behalf of the petitioner trusts and bring the instant case before this Court. See T.C. Rule 60(c). Petitioners filed a response to respondent’s motion in which they ask the Court to deny that motion. That response asserts in pertinent part: 3. The Respondent’s objection goes to the manage- ment of the trusts, their internal affairs, concerns about their administration, the declaration of rights and the determinations of matters involving the trust- ees. As the Respondent concedes that these are “Ari- zona Trusts” * * *, this issue falls within the exclu- sive jurisdiction of the superior court here in the State of Arizona. See A.R.S. � 14-7201. At this point, this court is without jurisdiction to determine whether * * * Mr. Chisum is the duly authorized Trus- tee. The Petitioners need not remind the Court of the consequences of taking any action over which subject matter is completely lacking. 4. Any objection the Respondent or Respondent’s counsel has in this area must be taken up in the Supe- rior Court here in Arizona, assuming of course the Respondent or Respondent’s counsel has standing. ThePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011