- 11 - appeared on behalf of petitioners.1 At that hearing, Mr. Chisum argued in pertinent part: The documents for the change of trustee to put me personally in that position predate the petition to the court. We have not yet engaged in discovery. When we engage in discovery, that seems a more appropriate time for the discovery items concerning the trust. I do have concerns in the contract, about the privacy provi- sions of the trust in the contract and when and how I reveal that and that that’s my concern as to why I have not yet submitted copies of the trust or those other documents of the lineage of trustee, so that the trust and correct trustee is myself in my personal capacity and Mr. Wilde in his personal capacity that’s a part of the other motion. And since the Superior Court of the State of Arizona by that same state law has exclusive jurisdic- tion on the validity of the trust and the validity of the trustee as the party, it seems that this is a better process to be handled through the discovery than in a motion to dismiss, and perhaps the motion is just premature. * * * * * * * * * * In the original format of creating the trust there was a company trustee, and in my capacity in that company I have the ability to substitute trustees. In order to clarify and remove question as to who would be the proper party to act and argue for the trust to create and to hold the jurisdiction where I could argue and have Mr. Wilde assist me in that argument, I elect- ed to substitute the trustees before –- well, I substi- tuted myself before the petition was due and then later decided that to have assistance in some of the case that I would also include Mr. Wilde. But I was origi- 1At the hearing the Court informed Mr. Chisum that its allowing him to appear at the hearing as the alleged trustee of each petitioner did not mean that the Court agreed that he in fact was a duly appointed and authorized trustee of each peti- tioner.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011