- 13 -
following the Prudent Man Trustee; however, neither Mr. Chisum
nor petitioners provided any documentation evidencing such a
change in the trust’s trustee. Although Mr. Chisum was
purportedly the named trustee, it was Mrs. Lundgren, the 100-
percent beneficiary after Raymond Roemer’s death, who appeared to
make all the decisions regarding the trust and signed documents
on behalf of the trust. This included Mrs. Lundgren’s
authorization to sign checks for Lucky Kirt Trust as she was one
of the names listed on the preprinted checks for the Lucky Kirt
Trust account.
Although Mrs. Lundgren claimed that she signed checks and
other documents pertaining to the trust using the signature stamp
of Mr. Chisum in her role as secretary for Lucky Kirt Trust,
there is no evidence, other than petitioners’ self-serving
testimony, that Mr. Chisum actually controlled the manner in
which she used the signature stamp. Thus, there was no
convincing evidence that Mrs. Lundgren’s authority to use the
signature stamp of Mr. Chisum was restricted in any meaningful
way.
Raymond Roemer was listed as the trustee on the Legg Mason
documents for the Lucky Kirt Trust II account for the years in
issue. Mrs. Lundgren signed a client option agreement for the
Legg Mason account on May 10, 1994, and for the years in issue,
all Legg Mason account statements for the Lucky Kirt Trust II
account were sent to Mrs. Lundgren’s address. Morever, there is
Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 NextLast modified: May 25, 2011