Sunshine Residential Trust, Robert Hogue, Trustee - Page 9




                                        - 9 -                                         
          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             






Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next

Last modified: May 25, 2011