Residential Management Services Trust - Page 17




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          appointment was valid under the law of any jurisdiction.  The               
          cover page of the trust declaration states that the trust                   
          document is created under common law right of contract in                   
          Washington, D.C., and the trust declaration states that                     
          Washington, D.C., is the location of Contract Administrators                
          Trust, the settlor.  The trust declaration was recorded in                  
          Maricopa County, Arizona, and the trust was administrated and               
          operated in California.  Mr. Hogue has not specified the                    
          jurisdiction from which he believes his authority derives.  We              
          have examined the relevant laws of the District of Columbia,                
          Arizona, and California, and, in the absence of his appointment             
          pursuant to the terms of the trust declaration or by a court, we            
          fail to see any basis under the laws of those jurisdictions for             
          his claim that he succeeded Mr. Carpa as trustee of the trust.              
          Since Mr. Hogue has failed to convince us that he was appointed             
          pursuant to the terms of the trust declaration, and there is no             
          evidence that he was appointed by a court, Mr. Hogue has failed             
          to prove that he succeeded Mr. Carpa as trustee and, thus, has              
          the capacity to litigate in this court on behalf of the trust.              
               E.  Conclusion                                                         
               Respondent’s motion to dismiss for lack of jurisdiction with           
          respect to the trust on the ground that no proper person has                
          petitioned the Court on behalf of the trust will be granted.                








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