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provision in the Fennel trust instrument, or under Virginia law,
providing an exception to the principle that, as cotrustees, Paul
Jablonski and Cypress Management were obliged to act jointly in
filing the petition herein. It necessarily follows that Paul
Jablonski lacked the capacity, acting alone, to commence this
action on Fennel’s behalf. Consequently, we shall grant
respondent’s motion to dismiss.
To reflect the foregoing,
An order will be entered
granting respondent’s motion and
dismissing this case for lack of
jurisdiction.
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Last modified: May 25, 2011