- 17 - 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.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011