Banana Moon Trust, J.C. Chisum, Trustee, and Purple Passion Trust, J.C. Chisum, Trustee - Page 6




                                        - 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.  The                  




Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next

Last modified: May 25, 2011