Photo Art Marketing Trust, Jimmy C. Chisum, Trustee - Page 11




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          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.                                                                     





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Last modified: May 25, 2011