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the name of the trust and its fiduciary,19 and the petition was
signed by Joe Alfred Izen, Jr., as attorney for the trust.
On July 9, 2003, Mr. Norton resigned as trustee by means of
a written, notarized notice of resignation addressed to the
beneficiaries and the board of trustees. On July 18, 2003, Mary
L. Vincent, the “appointed fiduciary” for the Pago Trust,
appointed Kathryn Elizabeth Adams as the new trustee.
On October 20, 2003, respondent filed a written motion to
dismiss the petition filed by Pago Trust for lack of
jurisdiction. On the same day, a hearing on the motion was held
in San Francisco, California, and counsel for the parties
presented oral argument. After concluding that the motion
presented a factual issue that required the presentation of
evidence at trial, we reserved ruling on the motion and stated
that we would rule on the motion in this opinion.
III. McKenzie Trust
A. Formation
In 1993, petitioner asked William Hartmann to serve as
creator of the McKenzie Trust and Charles Boatright to act as its
trustee. Mr. Hartmann is Mrs. Gouveia’s stepfather. Mr.
Boatright and petitioner attended the same church and eventually
became friends. Mr. Boatright had no prior experience operating
a trust. Petitioner introduced Mr. Hartmann and Mr. Boatright to
19See supra note 7.
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