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The Objection also states that Robert Hogue has authority to
represent the trust in this matter.
Attached to the Objection are copies of two purported trust
instruments. The first purported trust instrument is dated
January 1, 1994, and it identifies E.E. Salera D.C. as the
“creator”3 of Acme Equipment Trust. This instrument states that
the trust shall have at least two trustees, and it identifies a
Michael Welch and a Carol Ruthenberg as the trustees. The
“creator” of the trust purports to “select and appoint” Michael
Welch as “the trustee”; Michael Welch then purports to “select
and appoint” Carol Ruthenberg as “the trustee”, a power that
Welch does not appear to have under the instrument. In addition,
although the instrument refers to Schedules “A” through “D” that
“are made a part hereof”, no such schedules are attached to, or
otherwise a part of, the instrument.
The second purported trust instrument is dated January 13,
1997, and it identifies a Carol Ruthenberg (also identified as
Carol Ruthenburg) as the “creator” (or “sovereign creator”) of
Acme Equipment Trust and Robert Hogue as “legal trustee” (or
“sovereign trustee”). The instrument also states that there need
not be more than one trustee. Although the instrument refers to
3 E.E. Salera, also known as Edmond E. Salera, has a case
pending before the Court assigned docket No. 3051-02. It appears
that the letters “D.C.” following his name in the purported trust
instrument are an abbreviation for doctor of chiropractic.
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Last modified: May 25, 2011