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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.
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Last modified: May 25, 2011