Universal Trust 06-15-90 - Page 20

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                    naming him trustee was lost when respondent was copying it; we                                                                                         
                    find this difficult to believe.  Moreover, the “memorial writing”                                                                                      
                    concerning Mr. Chisum’s appointment, which Mr. Chisum prepared                                                                                         
                    during the hearing, is inconsistent with the rest of the record.                                                                                       
                    The memorialization refers to Hamilton Arizona as “Hamilton &                                                                                          
                    Baxter, LLC”, and was signed by Mr. Chisum and Donna Chisum as                                                                                         
                    the “members” of that LLC.  However, the articles of organization                                                                                      
                    of Hamilton Arizona state that the organization’s name is                                                                                              
                    “Hamilton & Baxter, L.C.” (emphasis added), not LLC; the articles                                                                                      
                    also state that the organization’s “Members and Management” were                                                                                       
                    Mr. Chisum and “Represent-Tour, L.C.”, not Mr. Chisum and Donna                                                                                        
                              As another example of the problems with the proof proffered                                                                                  
                    by Mr. Chisum, the record contains copies of documents which                                                                                           
                    purport to evidence Hamilton Florida’s acceptance of its                                                                                               
                    appointment as trustee and its later resignation in favor of                                                                                           
                    Hamilton Arizona as successor trustee.  However, these documents                                                                                       
                    were purportedly signed by Mr. L.R. Mayer.  Mr. Mayer did not                                                                                          
                    appear at the hearing or otherwise authenticate the documents.                                                                                         
                              In short, the record that Mr. Chisum has created contains so                                                                                 
                    many infirmities that the Court has not been persuaded, if the                                                                                         
                    documents in that record created a fiduciary relationship with a                                                                                       
                    trustee, that Mr. Chisum has (or ever had) authority to act on                                                                                         
                    behalf of the trustee, or that Mr. Chisum ever became the                                                                                              

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Last modified: May 25, 2011