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respondent’s motion and to attach a copy of the trust instrument
showing Mr. Wilde’s capacity to act on behalf of petitioner or to
otherwise advise the Court of Mr. Wilde’s capacity to represent
petitioner in these proceedings.
On February 22, 2000, petitioner filed a response to
respondent’s motion (petitioner’s response). In petitioner’s
response, petitioner argues that Mr. Wilde is its trustee and
thus the proper party to bring this action. In support of its
contention, petitioner attached a document entitled “Minute–-
Morgan Kramer & Strauss L.L.C.” (the minutes). The minutes
provide, in relevant part:
A special meeting of the members has been called
for the purpose of amending the purpose and operation
of the L.L.C.
* * * * * * *
It is hereby resolved that it is in the best
interest of all parties concerned to replace the
trustee on all trusts where the LLC is named. To this
end and in fulfilling the requirements for succession
John P. Wilde and Jimmy Chisum have been selected as
successors.
By agreement the appointment of Wilde and Chisum
and the withdrawal of Stern and Stein are simultaneous
and signatures hereto signify a full and total change
in trusteeship, responsibility, custody and ownership
of corpus, papers, and all legal affairs. [Emphasis
added.]
Cliff Jennewin and Richard Scarborough signed the minutes on
behalf of Morgan, Kramer & Strauss L.L.C. (Morgan, Kramer). Mr.
Wilde and Jimmy Chisum (Mr. Chisum) also signed the minutes to
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Last modified: May 25, 2011