- 4 - signify that they accepted the appointment as trustees. In petitioner’s response, it further argues: the issue concerning Mr. Wilde’s capacity as Trustee falls within the exclusive jurisdiction of the superior court here in the State of Arizona. * * * At this point, this court is without jurisdiction to examine the matter beyond the minute[s] appointing Mr. Wilde as Trustee and determine whether he is the duly authorized Trustee. In absence of evidence to the contrary the appointment of John P. Wilde as a Trustee, in the minute[s] * * * is presumptively valid unless some provision of Arizona Law or a court of competent jurisdiction under the laws of the State of Arizona have found that the appointment to be invalid. The Petitioner need not remind the Court of the consequences of taking any action over which subject matter is completely lacking. On March 15, 2000, respondent replied to petitioner’s response. On June 5, 2000, we held a hearing on respondent’s motion wherein Mr. Wilde appeared on behalf of petitioner.2 At the hearing, Mr. Wilde submitted a document entitled “Trustee Declaration and Certification” (certification) which was prepared by Mr. Chisum, an alleged current trustee of petitioner. The certification purports to describe petitioner’s chain of trustees beginning with Morgan, Kramer and ending with Mr. Wilde and Mr. Chisum. The certification also included an incomplete document purporting to be the trust document of petitioner (purported trust document). 2 At the hearing, the Court informed Mr. Wilde that its allowing him to appear at the hearing as the alleged trustee of petitioner did not mean that the Court agreed that he in fact was a duly appointed and authorized trustee of petitioner.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011