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question is whether he is authorized to continue as petitioner in
this case. The voiding ab initio of the trust returns to Ms.
Elton the trust assets and authority to pursue this proceeding on
her own behalf, and we hold that she is the proper party
petitioner. We also hold that Mr. Siebert is no longer
authorized to prosecute this action and that Ms. Elton should be
substituted as the party petitioner.4 Finally, Mr. Robertson
will be allowed to enter his appearance on behalf of Ms. Elton.
To reflect the foregoing,
An appropriate order will be
issued.
4 Under Rule 63(d), this Court, on motion of a party or on
its own initiative, may order the substitution of the proper
party.
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Last modified: May 25, 2011