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The notice issued to petitioner Photo Art Marketing Trust
was addressed as follows:
PHOTO ART MARKETING TRUST
SWORD D & E CO-TTES
P.O. BOX 4047
SEDONA, AZ 86340-4047 473
The notice issued to Photo Art Publishing Trust was addressed as
follows:
PHOTO ART PUBLISHING TRUST
D & E SWORD TRUSTEE CO TTEE
P.O. BOX 4047
SEDONA, AZ 86340-4047 473
Photo Art Marketing Trust and Photo Art Publishing Trust
jointly filed a petition in this Court. That petition was signed
on behalf of Photo Art Marketing Trust and Photo Art Publishing
Trust by John P. Wilde (Mr. Wilde), as “co-Trustee of Photo Art
Marketing Trust and Photo Art Publishing Trust”.
Respondent’s motion contends in pertinent part:
7. Arizona law provides that the trustee has the
capacity to institute court proceedings on behalf of
the trust. A.R.S. � 14-7233 C. 25. However, Mr. Wilde
has not demonstrated with credible evidence that he is
a Co-Trustee of the [petitioner] trusts with capacity
to bring the instant action.
* * * * * * *
11. Moreover, respondent’s counsel contacted the
Arizona Corporation Commission to determine the exis-
tence/validity of the entity called D & E Sword Com-
pany. The Corporation Commission informed respondent’s
counsel that it had no record of any entity by that
name ever existing in the State of Arizona. Further,
the Corporation Commission informed respondent’s coun-
sel that it had no record of any entity incorporated in
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Last modified: May 25, 2011