Universal Trust 06-15-90 - Page 17

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                    or if it is, how and why petitioner’s domicile and governing law                                                                                       
                    were changed from Nevada to Delaware to California.                                                                                                    
                              We resolve this problem by assuming for argument’s sake                                                                                      
                    that, if Mr. Chisum was petitioner’s trustee as he claims, he had                                                                                      
                    authority to institute litigation on behalf of petitioner under                                                                                        
                    relevant State law.13                                                                                                                                  
                              Mr. Chisum claims he is the latest in a long line (or chain)                                                                                 
                    of entities who have served as petitioner’s trustee.  According                                                                                        
                    to Mr. Chisum, the following entities (or persons) served as                                                                                           
                    petitioner’s trustee, from petitioner’s formation in 1990 until                                                                                        
                    the time of the hearing:                                                                                                                               
                              Period                                                            Claimed Trustee                                                            
                              June 15, 1990, to Oct. 1,                                   Four WS TT01                                                                     
                              Oct. 1, 1991, to May 19,                                    Hamilton Florida                                                                 
                              May 19, 1993, to sometime                                   Hamilton Arizona                                                                 
                              in 1997                                                                                                                                      
                              Sometime in 1997 to time                                    Mr. Chisum (personally)                                                          
                              of hearing                                                                                                                                   
                              As shown in the foregoing table, Mr. Chisum claims that he                                                                                   
                    has served as petitioner’s trustee since 1997.  Accordingly, he                                                                                        

                              13 See, e.g., Ariz. Rev. Stat. Ann. sec. 14-7233.C.25 (West                                                                                  
                    1995) (trustee may commence litigation on behalf of trust); Cal.                                                                                       
                    Probate Code sec. 16249(a) (West Supp. 2000) (same); Nev. Rev.                                                                                         
                    Stat. Ann. secs. 163.260, 163.375 (Michie 1993) (trustee may                                                                                           
                    commence litigation on behalf of trust if trust instrument so                                                                                          
                    provides); Del. Ch. R. 17(a) (trustee of express trust may sue);                                                                                       
                    Del. Super. Ct. Civ. R. 17(a) (same).                                                                                                                  

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