- 20 -- 20 - 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 Chisum. 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 thePage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011