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address records were prepared and updated in accordance with
respondent’s procedures and were based solely on correspondence
submitted by each petitioner which alleged that D & E Sword Co.
was the trustee for each petitioner.
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 Jimmy C. Chisum, “as Agent for D. & E. Sword Trustee
Co., the 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. Mr. Chisum is not
the trustee, but rather claims to be an “agent” for the
trustee.
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Last modified: May 25, 2011