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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 to
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Last modified: May 25, 2011