IN THE MATTER OF THE BEATRICE B. DAVIS FAMILY HERITAGE TRUST, AS AMENDED ON ON FEBRUARY 24, 2014.
CAROLINE DAVIS; DUNHAM TRUST COMPANY; STEPHEN K LEHNARDT; TARJA DAVIS; WINFIELD B. DAVIS; ACE DAVIS; AND FHT HOLDINGS, LLC, A NEVADA LIMITED LIABILITY COMPANY, Respondents. CHRISTOPHER D. DAVIS, Appellant, CHRISTOPHER D. DAVIS, Petitioner,
THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE GLORIA STURMAN, DISTRICT JUDGE, Respondents, and CAROLINE DAVIS, Real Party in Interest.
appeal from an order confirming appointment of a trustee and
original petition for a writ of prohibition or mandamus in a
trust matter. Eighth Judicial District Court, Clark County;
Gloria Sturman, Judge.
dismissed; petition denied.
Goodsell & Olsen and Michael A. Olsen and Thomas R.
Grover, Las Vegas, for Christopher D. Davis.
Solomon Dwiggins & Freer, Ltd., and Joshua M. Hood and
Mark A. Solomon, Las Vegas, for Caroline Davis.
Hernandez, Landrum, Garofalo and Charlene N. Renwick, Las
Vegas, for Dunham Trust Company.
Counsel Law Group and Jonathan W. Barlow, Henderson, for
Stephen K. Lehnardt.
Holdings, LLC, in Pro Se.
Davis, Wakayama, Japan, in Pro Se.
Davis, Los Angeles, California, in Pro Se.
Winfield B. Davis, Wakayama, Japan, in Pro Se.
matter, we are asked to interpret several statutes related to
a district court order accepting jurisdiction over a trust
with a situs in Nevada and finding personal jurisdiction over
the investment trust advisor; specifically, (1) whether NRS
155.190(1)(h) grants this court appellate jurisdiction over
all matters in an order instructing or appointing the trustee
or if the statute only grants this court appellate
jurisdiction over the instruction or appointment of the
trustee, and (2) whether NRS 163.5555 provides the district
court with personal jurisdiction over persons accepting an
appointment as an investment trust advisor for a trust with a
situs in Nevada. We conclude (1) NRS 155.190(1)(h) only
grants this court appellate jurisdiction over the portion of
an appealed order instructing or appointing a trustee, and
(2) persons accepting an appointment as an investment trust
advisor for a trust with a situs in Nevada impliedly consent
to personal jurisdiction in Nevada under NRS 163.5555.
Accordingly, we dismiss Christopher Davis' appeal and
deny his writ petition.
AND PROCEDURAL HISTORY
28, 2000, Beatrice Davis, a Missouri resident, established
the Beatrice B. Davis Family Heritage Trust (the FHT), under
Alaska law, with the trust situs in the state of Alaska. The
FHT was initially funded with a $35 ...