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other documentary evidence establishing the existence of Four WS
TT01, describing Four WS TT01, or showing who owned or had
authority to act on behalf of Four WS TT01. Moreover, although
Mr. Chisum signed the original indenture’s signature page, he did
not do so on behalf of Four WS TT01; he signed only as a
“Witness”.9 Indeed, no one signed the original indenture on
behalf of Four WS TT01; the name of that entity is merely
typewritten on the signature page.
Mr. Chisum claims that Four WS TT01 resigned as petitioner’s
trustee on October 1, 1991, and was replaced on that date by
“Hamilton & Baxter, L.C.” of Florida (Hamilton Florida). Mr.
Chisum also claims that Hamilton Florida in turn resigned its
trusteeship on May 19, 1993, and was replaced by “Hamilton &
Baxter, L.C.” of Arizona (Hamilton Arizona) as successor trustee.
The record contains copies of documents dated October 1,
1991, that purport to evidence Hamilton Florida’s acceptance of
its appointment as successor trustee. It also contains a copy of
a document dated May 19, 1993, that purports to evidence Hamilton
Florida’s resignation and consent to the appointment of Hamilton
Arizona as successor trustee. However, these documents were
9 The record does contain copies of some “minutes” for
petitioner, executed on the same date as the original indenture,
which Mr. Chisum signed over the title “Managing Agent” of Four
WS TT01.
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Last modified: May 25, 2011