- 8 - determine whether subsequent appointments of successor trustees are legal and/or valid. 6. Moreover, respondent’s counsel contacted the Arizona Corporation Commission to determine the exis- tence/validity of the entity petitioners refer to as D & E Sword Company. 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 counsel that it had no record of any entity incorporated in Arizona under the name of, or in reference to, an individual named Jimmy C. Chisum. 7. In response to respondent’s Motion to Dismiss for Lack of Jurisdiction, petitioners provided to this Court copies of documents alleging that D & E Sword Company was removed as trustee and that both Mr. Chisum and Mr. Wilde have been appointed successor trustees. 8. There is absolutely no evidence from which the Court can adduce that the documents referred to in paragraph 7., above, create a legal assignment of Jimmy C. Chisum and John P. Wilde as successor trustees. The documents petitioners submitted appear to be self- serving and created solely in response to respondent’s original Motion to Dismiss for Lack of Jurisdiction. 9. Petitioners have provided no evidence that said assignments are valid or authorized under the terms of the trust indenture (assuming one exists). 10. 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 regarding the chain of appointments of subsequent trustee appointments. If the initial trustee 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. 11. Without the evidence described above in paragraph 10., petitioners have failed to demonstrate that either Jimmy C. Chisum or John P. Wilde were legally appointed as subsequent trustees authorized toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011