Fennel Trust - Page 11




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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