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Corp., 348 S.E.2d 223, 226 (Va. 1986) (the trustee of an
antecedent deed of trust is a necessary party in a suit to
enforce a mechanic’s lien).
We begin by observing that the petition filed in this case
does not comply with Rule 60. In particular, Paul Jablonski
signed the petition as managing director, and the caption that he
placed on the petition identified the "Petitioner" as "TARRAGON
TRUST". However, neither the caption nor the body of the
petition identified petitioner's trustee(s).
The record presented by petitioner to support its contention
that Paul Jablonski was vested with the authority to institute
this action on its behalf is inadequate. Considering the lack of
formality observed in the execution of the Tarragon trust
instrument and related documents, we have serious doubts that the
trust was validly formed. Nevertheless, assuming arguendo that
it was, petitioner failed to prove that Paul Jablonski possessed
the capacity to commence this action unilaterally.
When a private trust is administered by two or more
trustees, the general rule is that unanimity among the trustees
is required for actions taken on behalf of the trust, except when
this requirement is modified by the terms of the trust instrument
or by statute. Scott, The Law of Trusts, sec. 194, at 161 (4th
ed. 1988), and cases cited therein. Consistent with this
principle, the Tarragon trust instrument states in pertinent part
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