Tarragon Trust - Page 11




                                       - 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