Tarragon Trust - Page 4




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          of facts with attached exhibits, which was received by the Court            
          and filed as evidence in respect of the jurisdictional issue                
          presented by respondent’s motion to dismiss.  At the conclusion             
          of the hearing, the Court directed the parties to file memorandum           
          briefs in support of their respective positions.  Although                  
          respondent complied with this order, counsel for petitioner filed           
          with the Court a notice stating that petitioner could not afford            
          the expense of preparing and filing a brief.                                
          Factual Background                                                          
               Paul Jablonski and his brother David Jablonski were                    
          shareholders of D.J. Enterprises, Inc., a company that operated a           
          residential/commercial security business known as Burtel and                
          American Home Security.  In 1994, Paul and David Jablonski                  
          purchased a number of “trust packages” from a company known as              
          Cypress Management in Orem, Utah.                                           
               The record includes a purported trust instrument for a                 
          “business trust organization” identified as S&T Management Trust.           
          This document, which identifies D.J. Enterprises, Inc., as                  
          “settlor/exchanger” and Cypress Management as “trustee”, is dated           
          April 19, 1994, and includes a signature page that was signed by            
          David Jablonski as president of D.J. Enterprises, Inc., and by an           
          individual identified as Zola Sheehan for Cypress Management.4              


               4  The purported trust instrument also states that its                 
          “creator/drafter” is Zola Sheehan as “Trustee In Independent                
                                                             (continued...)           





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