- 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