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tion date of the outgoing Trustee, or thirty days after
receipt of the resignation, whichever occurs first.
B. Removal. Upon complaint for proper cause
by any agent or person appointed by the Trust, the
Protector shall appoint a Committee of Arbitrators
(hereinafter referred to as the Committee), to investi-
gate the complaint.
* * * * * * *
2. The Committee shall have the power,
upon meeting, investigation, and a two-thirds (2/3)
majority vote, to remove the Trustee for the following
specific reasons constituting proper cause: a) insol-
vency, b) negligence, c) incompetence, or d) failure to
perform fiduciary duties under the terms of the
Contract.
* * * * * * *
C. Incapacitation. In the event the Trustee
is unavailable to participate in the process of his
removal or the selection of a Successor Trustee, the
Protector shall have the authority to execute an affi-
davit, under oath, setting forth the unavailability of
the Trustee. * * *
D. Court Appointment. In the event it
becomes necessary to litigate the removal of a Trustee
and/or appointment of a Successor Trustee, the Trust,
by and through its Beneficiaries, may apply to a court
of competent jurisdiction for the appointment of a
Successor Trustee.
Discussion
Rule 60 provides in pertinent part:
(c) Capacity: * * * The capacity of a fiduciary
or other representative to litigate in the Court shall
be determined in accordance with the law of the juris-
diction from which such person's authority is derived.
The governing trust documents pertaining to Banana Moon
Trust, the purported TMP of Jeff Burger Productions, suggest that
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Last modified: May 25, 2011