Tarragon Trust - Page 10




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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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