Residential Management Services Trust - Page 16




                                       - 16 -                                         
               [a] trustee or trustees in the place of the trustee                    
               dead, remaining out of the Province, desiring to be                    
               discharged, refusing, or being unfit, or being                         
               incapable as aforesaid.                                                
               The citation and quotation provided by Mr. Hogue do not                
          correspond to any provision of the Uniform Trustees’ Powers Act,            
          7C U.L.A. 396 (2000).  The only apparently relevant provision of            
          the Uniform Trustees’ Powers Act is section 4:  “The trustee                
          shall not transfer his office to another or delegate the entire             
          administration of the trust to a cotrustee or another.”   Unif.             
          Trustees’ Powers Act sec. 4, 7C U.L.A. 425 (2000).  That                    
          provision does not help Mr. Hogue.  As best we can tell, Mr.                
          Hogue has quoted a provision of the Revised Statutes of Nova                
          Scotia (Canada).  See http://www.gov.ns.ca/legi/legc/statutes/              
          trustee1.htm.  Mr. Hogue has failed to establish any nexus                  
          between the trust and Nova Scotia, and we fail to see the                   
          relevance of the quoted provision.                                          
                    3.  Failure To Establish Authority                                
               Mr. Hogue’s claim of authority to represent the trust rests            
          on his claim that he was validly appointed successor trustee to             
          Mr. Carpa.3  He has, however, failed to prove that the claimed              


               3  Although it does not figure into our analysis, the record           
          does not faultlessly support Mr. Hogue’s implicit claim that                
          Mr. Carpa, the initial trustee, remained sole trustee until his             
          claimed appointment of Mr. Hogue as his successor.  Our findings            
          indicate that, in the interim, another individual, James G.                 
          Gaynor, represented himself as trustee.                                     






Page:  Previous  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  Next

Last modified: May 25, 2011