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be determined in accordance with the law of the jurisdiction from
which such person's authority is derived.” However, Robert Hogue
failed to provide the Court with documentary evidence necessary
to support his contention that he is vested with authority to
institute this action on behalf of Sunshine Residential under the
law of any relevant jurisdiction.
As previously discussed, Sunshine Residential presented the
Court with a purported trust instrument, dated August 15, 1996.
The preamble of the purported trust instrument identifies a
Jeffery Williams and a Douglas Carpa as “trustees”. Further,
paragraph Ninth of the purported trust instrument explicitly
requires the trustees to execute the purported trust instrument
accepting their appointment on behalf of American Financial
Services as trustees for Sunshine Residential. However, only
Jeffery Williams executed the purported trust instrument
accepting his appointment on behalf of American Financial
Services as a trustee for Sunshine Residential. In contrast,
Douglas Carpa did not execute the purported trust instrument
accepting his appointment on behalf of American Financial
Services as a trustee for Sunshine Residential. Therefore,
Douglas Carpa is not a trustee for Sunshine Residential.
Accordingly, Douglas Carpa’s purported appointment, in his
capacity as the “Resigning Trustee for American Common Trust”, of
Robert Hogue as successor trustee for Sunshine Residential must
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Last modified: May 25, 2011