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case on behalf of such person. See Rule 23(a)(1). A case
timely brought shall not be dismissed on the ground that it
is not properly brought on behalf of a party until a
reasonable time has been allowed after objection for
ratification by such party of the bringing of the case; and
such ratification shall have the same effect as if the case
had been properly brought by such party. * * *
At the hearing, the Court granted Mr. Jacobs an additional
30 days to provide documentation to refute respondent’s position.
Mr. Jacobs provided documentation, but it did not refute
respondent’s position.
The memorandum refers to the trust indenture whereby Mr. and
Mrs. Schwemmer as “Creators” created a trust called Sweetbush.
What is critical in this case is that Mr. Jacobs did not submit a
copy of the trust indenture. Without this trust indenture, and
related documents, we do not know who the relevant trustees are,
nor the powers of the trustees or others named in that
instrument. If a trustee resigns, we do not know if or how a
successor trustee is appointed. We cannot ascertain whether any
of the purported documents presented by Mr. Jacobs were properly
executed by the requisite number of persons so as to appoint Mr.
Jacobs as trustee. The undesignated, unsigned, undated, and
incomplete documents provided by Mr. Jacobs are given no weight.
The other documents, without more, are incoherent.
Although we gave Mr. Jacobs the opportunity, he did not
establish a paper trail authorizing him to act as Sweetbush’s
trustee. On the record before us, we find that Mr. Jacobs has
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Last modified: May 25, 2011