Photo Art Marketing Trust, Jimmy C. Chisum, Trustee - Page 8




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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