DOCUMENT TITLE: Declaration of Church of Spiritual Technology (CST)
SUBJECT: Declaration endorsing Norman F. Starkey as Special Administrator of the probate estate of L. Ron Hubbard
PARTIES: Daniel J. Przybylski, Vice President of CST; Meade Emory and Sherman Lenske, drafters of the "Declaration"; Sherman Lenske, Stephen Lenske, and Lawrence E. Heller, Special Directors of CST at the time of the Declaration; Norman F. Starkey, proposed "Special Administrator" of the Estate, also Executor of the Estate and Trustee of Author's Family Trust-A and Author's Family Trust-B
BACKGROUND AND NOTES
This is a Declaration of a Daniel J. Przybylski, purporting to be Vice President of the corporation known as "Church of Spiritual Technology" (CST). The Declaration is dated 4 February 1986.
Przybylski misrepresents CST as a "the 'Church'". CST is not a church; it is a corporation. Ref. U.S. Claims Court No. 581-88T, Judge Bruggink:
"CST is not a church...CST represents that it is a religious corporation organized to accomplish the activities of a church. Despite its name, CST is not itself a church... ."
There is a blank space in this document after the phrase "Author's Family Trust" where the letter "B" almost certainly should stand, as in "Author's Family Trust-B." A hyphen is visible, as though it should be followed by the "B," and the exact space exists where a "B" could, and seemingly should, be. It looks as though the "B" has been intentionally whited-out. Given the general confusion that has been generated just by the naming conventions and sequence of the "Author's Family Trust" agreements, it appears that the doctoring of the document was intentional to create even more confusion.
Here is the complete outline of the trust agreements:
1. AUTHOR'S FAMILY TRUST (no letter designation): 10 May 1982
Later amended and restated (and replaced) by AUTHOR'S FAMILY TRUST-B
2. AUTHOR'S FAMILY TRUST-A: 21 January 1986
Companion to, and included by reference in, AUTHOR'S FAMILY TRUST-B
3. AUTHOR'S FAMILY TRUST-B
(also referred to as "AMENDED TRUST AGREEMENT"): 21 January 1986
"Amends and restates" (replacing) the original 10 May 1982 AUTHOR'S
FAMILY TRUST (no letter designation)
There is no question that this Declaration can only be referring to AUTHOR'S FAMILY TRUST-B, of which CST became the primary beneficiary. And it is the assets of AUTHOR'S FAMILY TRUST-B that are later ordered by IRS, in the Closing Agreement, to be transferred to CST. Therefore we have indicated a "B" in brackets [ ] where the blank space is after the hyphen in the available copy of the document.
Here is the Declaration:
DECLARATION OF CHURCH OF SPIRITUAL TECHNOLOGY
I, Daniel J. Przybylski, declare the following to be true and correct:
1. I am the vice President and a Director of Church of Spiritual
Technology (the "Church").
2. The Church is a California non-profit religious corporation.
3. The Church is the principal beneficiary under the provisions
of that certain trust created by instrument [?dated 23?] January, 1986
and named the "Author's Family Trust - [B?]" (the "Trust").
4. The Trust is the principal beneficiary under the Will of L.
Ron Hubbard, filed in the Superior Court of the State of California in
San Luis Obispo County.
5. The sole trustee of the Trust is Norman F. Starkey, who is
also named in said will as the executor of the probate estate of L.
6. As the principal beneficiary of the Trust, which is in turn
the principal beneficiary under said will, the Church urges said Court
and any other court having jurisdiction:
(a) to appoint said Norman F. Starkey as Special
Administrator of said probate estate, if there shall
be any delay in the probate of said will or the
appointment of the executor of said probate estate, and
(b) that, because said will waives bond, and pursuant to
the provisions of Probate Code [Section mark] 462, no bond be
required of Norman F. Starkey as such Special Administrator,
7. The execution and delivery of this Declaration are authorized
and directed by unanimous action of the Board of Directors of the
Church duly taken in accordance with its Articles of Incorporation and
I declare under penalty of perjury the above is true and correct.
Executed this 4th day of February, 1986, at Los Angeles,
DANIEL J. PRZYBYLSKI