Photo Art Marketing Trust, John P. Wilde, Co-Trustee - Page 4

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               Arizona under the name of, or in reference to, an                      
               individual named John P. Wilde.                                        
                    12.  There is absolutely no evidence from which                   
               the Court can adduce that there has been a legal as-                   
               signment of John P. Wilde as the Co-Trustee of either                  
               of the petitioner trusts.                                              
                    13.  Petitioners have provided no evidence that                   
               Mr. Wilde’s appointment as Co-Trustee is valid or                      
               authorized under the terms of the trust indentures                     
               (assuming they exist).                                                 
                    14.  At a minimum, petitioners should be required                 
               to provide complete copies of the original trust docu-                 
               ment(s) wherein the initial trustee is appointed.                      
               Petitioners should also provide any and all documents                  
               in the chain of appointments of subsequent trustees.                   
               If the initial trustees or any successor trustees                      
               thereafter were, in fact, an entity called D & E Sword                 
               Company, petitioners should be required to produce                     
               credible evidence establishing legal existence and                     
               validity of that entity.                                               
                    15.  Without the evidence described above in                      
               paragraph 14., petitioners have failed to demonstrate                  
               that John P. Wilde was legally appointed as Co-Trustee                 
               authorized to act on behalf of the 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.  Petitioners’ response to           
          respondent’s motion 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. Wilde [is] the duly authorized                       
               Trustee.  The Petitioners need not remind the Court of                 

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Last modified: May 25, 2011