- 11 - that “no power shall be exercised, nor any action taken, by the Trustees except upon the unanimous consent of all Trustees having authority”. In the absence of any credible evidence that Cypress Management resigned as Tarragon’s trustee, we conclude that Paul Jablonski and Cypress Management were cotrustees of Tarragon at the time that the petition was filed. The record indicates that Paul Jablonski commenced this action without informing, or obtaining the consent of, his cotrustee. Moreover, we are not aware of any provision in the Tarragon trust instrument, or under Virginia law, providing an exception to the principle that, as co-trustees, Paul Jablonski and Cypress Management were obliged to act jointly in filing the petition herein. It necessarily follows that Paul Jablonski lacked the capacity, acting alone, to commence this action on Tarragon’s behalf. Consequently, we shall grant respondent’s motion to dismiss. To reflect the foregoing, An order will be entered granting respondent’s motion and dismissing this case for lack of jurisdiction.Page: Previous 1 2 3 4 5 6 7 8 9 10 11
Last modified: May 25, 2011