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all respects according to the applicable statutes of the Uniform
Trustees’ Powers Act and The Constitution of the United States.”
Mr. Hogue does not rely on article eighth of the trust
declaration, which, in pertinent part, states: “A Successor-
Trustee may be appointed by a court of competent jurisdiction or
by consensus with the Trust Managers and Beneficiaries if the
First Trustee resigns with 30 days notice.” Indeed, there is no
evidence (and, thus, Mr. Hogue has failed to prove) that he was
appointed trustee by a court of competent jurisdiction or by
consensus of the trust managers (if any) and the beneficiary.
2. “Uniform Trustees’ Powers Act”
On brief, Mr. Hogue provides the following citation and
quotation from the “Uniform Trustees’ Powers Act”:
“Uniform Power Trustee Act, Chapter 479 Of The Revised
Statutes, 1989 amended 1992, c.8, s.37; 1994-95, c.19"
APPOINTMENT OF NEW TRUSTEE
16(1) When a trustee, either original or
substituted and whether appointed by the Court or a
judge or otherwise, is deed [sic], or remains out of
[the] Province for more than twelve months, or desires
to be discharged from all or any of the trusts or
powers reposed in or conferred on him, or refuses, or
is unfit to act therein, or is incapable of acting
therein, then the person or persons nominated for the
purpose of appointing new trustees by the instrument,
if any, creating the trust, or if there is no such
person, or no such person able and willing to act,
then, if the beneficiaries consent thereto in writing,
the surviving or continuing trustees or trustee for the
time being, or the personal representatives of the last
surviving or continuing trustee, may, in writing,
appoint another person or * * * [other persons] to be
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