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[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.
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