VERA's TRUSTEES FLAGRANT DESPOLIATION OF THE PUBLIC'S LYNN VIETOR NATURE PRESERVE AND ARCHITECTURLLY SIGNIFICANT VIETOR RESIDENCE
In her 1972 `deathbed’ will Vera Perrott
Vietor created the public Lynn Vietor Nature Preserve (in trust) of her
redwood forested 14.3 acre property at Indianola overlooking Humboldt
Bay. The site is topped by Vera’s 1941 residence, designed by Portland
Oregon’s world famous architect and environmentalist John Yeon as
displayed photographically at the New York Museum Of Modern Art in the
1940’s alongside works of Frank Lloyd Wright, and as featured in
the many `house beautiful’ magazines of the day. With her (and Lynn’s)
liquid assets Vera created a Principal Trust, with San Francisco’s
Crocker Bank as Trustee of: 1) the liquid assets and 2) the 14 acre Indianola
property. Vera simultaneously founded a charitable community foundation
to receive the Income (only) off the Principal Trust of the rest of her
assets. Vera’s will was unequivocally clear, that if the Indianola
property (cum public Lynn Vietor Nature Preserve in trust) `and all of
it’ Vera admonished (clearly including the architecturally significant
residence and its landscaping) was not kept `native and unspoiled’,
this would constitute breach and the Trust would be revoked—i.e.
Vera’s money and the 14 acres and residence would revert back to
her five Perrott `watchdog’ nieces and nephews. After 20 years of
more or less following Vera’s wishes, post 1992 egregious breaches
of Vera’s will and Trust occurred leading to the major despoliation
of Vera’s gifts to the public (in trust). Vera’s watchdog
nieces and nephews took the two culprits; `bogus’
To make sense of the 1999-2001 legal squabble between the co-conspirators, the interloper post-1994 `land trustees’ and WFB on one side and Vera Perrott Vietor’s nieces and nephews (and the public owners of the property in trust) on the other—that is to `not miss the forest for the trees’, a chronological review of the unfolding saga (as below) is instructive.
This review is presented in chronological `bullet point’ paragraphs to provide a continuing thread through an extended period and many critical path events so that the big picture can be grasp vs. lost to too many mind boggling details and the deceptive obfuscation and dissembling by the culprits (Trustees), the bogus post-1994 `land trustees’ and conniving WFB to conceal the facts of the travesty from the public.
1) First any interested party must know that Vera Perrott Vietor was of the third generation of the 1865 Perrott pioneer homesteaders in Humboldt County headquartered on a livestock ranch on Table Bluff east of and that included the land that is now the town of Loleta. Vera’s grandfather William Perrott’s will gave redwood property to the State Parks of California (PERROTT GROVE near Weott). For the next Perrott generation the `environmental’ mover and shaker was Vera’s aunt Laura Perrott Mahan, who was one of the co-founders of the Humboldt Womens Save The Redwoods League—a regional copy of and forerunner of today’s still very environmentally active SAVE THE REDWOODS LEAGUE headquartered in San Francisco. Laura’s brave and defiant 1924 act of standing in the fall line of a redwood tree being felled by Pacific Lumber loggers on Dyerville Flat (while she sent lawyer husband J. P Mahan to Eureka to get an injunction) saved for posterity what is now Rockefeller Grove California Redwood State Park. This was big to her niece Vera (a recent graduate of UC Berkeley) as it was to the environmentally concerned public (see the bronze plaque at the site a mile north of Weott). Laura also created a one generation `in family’ education fund for the children of Vera’s brother Henry W. Perrott (which helped educate Vera’s five nieces and nephews, named as her `watchdogs’ in Vera’s 1972 will creating the public Lynn Vietor Nature Preserve and a charitable foundation). This family history constitutes a 100 plus year backdrop that influenced what Vera did in her `death bed’ 1972 will. The part of Vera’s will creating a public nature preserve is a reflection of her family history embedded in her genes. She created the public Lynn Vietor Nature Preserve and an ongoing several generational `in family’ educational trust fund for Perrott descendents. The idea of the charitable community foundation was a new twist, going `one up’ on her two preceding generations of Perrotts. But Vera made it plain in her will, that the charitable foundation and its funding were to be revoked if her TRUSTEE (Crocker) did not keep the 14.3 acre public Lynn Vietor Nature Preserve native and unspoiled. I.e. the charitable `add on’ was definitely an after thought, second priority, probably more for Vera’s husband Lynn and his money. Vera was trying to keep up the family penchant for environmentalism in general and saving redwoods in particular, but as will be seen in the chronology that follows, she and her recipients, the North Coast Public have been foiled by treacherous TRUSTEES, Crocker, WFB and especially the interloper post 1992 bogus `conflict-of-interest-land-trustee’.
2) Lynn Vietor had ruminated over the years about doing something `charitable’ with his fortune. He considered willing `charitable’ money to his alma mater Stanford University, but with the 1960’s anti-Viet Nam war student riots, etc. he became disenchanted with that avenue. Jim Henderson was Lynn’s Eureka lawyer, and was dealing with the closing of Lynn’s mother’s estate. Lynn made some inquiries of Henderson as to other charitable avenues. Henderson got Crocker Bank in the act as the `prospective’ Trustees of a `new’ concept, the Community Charitable Foundation. Crocker was involved in one or more in the San Francisco Bay Area. This led to the Bank (Crocker) getting onto the scent and the anecdotal story is that Crocker opened a Trust department in Eureka to `get’ the Vietor estate, but once they got it, they closed that North Coast Trust Department and reverted to running the Vietor Trust out of the San Francisco area office. To oversimplify, Lynn wanted to do something `charitable’, Vera and Lynn both wanted to do something `environmental’ setting the stage for what was to transpire.
3) The 14 acre Indianola Property-Vera and Lynn lived in Eureka on `F’ Street. They decided they wanted to build a home in the country, with some `native and unspoiled’ property, to create their own private `nature preserve’. They had spent a couple of years in the late 1930’s searching out suitable bay view building sites from Table Bluff (where the Perrott ranch where Vera was raised was located) at the south end of Humboldt Bay to Arcata at the north end of the bay. About 1940, Lynn was in Portland Oregon on business (he supplied the timber industry with mechanical engineering needs from his Eureka bay-front Acme Foundry and Boiler Works). Lynn became aware of the `stir’ over Portland builder-architect John Yeon’s work (timber magnet Watzek’s house). Lynn visited the Watzec house in the Portland hills overlooking the Columbia River. Lynn was elated with his fortuitous discovery and decided he and Vera’s architect was to be John Yeon. But John Yeon was busy as a rising star in the Portland area, and was not too interested in traveling down to the boondocks in Eureka. But Yeon finally relented somewhat on Lynn’s insistence, and said, okay, you line up for me your three favorite building sites, and I will come have a look. If and only if I am turned on by one of them will I get involved. John Yeon fell in love with the Indianola knob hill, 90% covered with redwoods, bay view, its seclusion and Mother Nature tranquility and became enthusiastic about making something spectacular out of it. Which he did, finishing it in 1941. It was featured in most to the `home beautiful’ magazines of the day, and in the early 1940’s this and three of Yeon’s other works were displayed photographically in an exposition at the New York Museum Of Modern Art alongside the works of Frank Lloyd Wright. What has this got to do with anything? Vera knew she and Lynn had created a treasure with their private nature preserve and wildlife sanctuary topped by the `architecturally significant’ John Yeon residence and `blend-into-nature’ landscaping and wanted all of it be protected for the enjoyment of the public and posterity. All background for why in her will Vera showed a clear willingness to revoke her creation of the charitable community foundation and the Charitable Principal Trust if her designated Trustee did not keep the Indianola property `native and unspoiled’, even adding a `picnic table’ was breach of her will and Trust.
4) Lynn goes in to a Eureka hospital in April 1972. At that time his
will gives everything to Vera, he had never resolved his desire to make
a charitable grant. Vera’s will reciprocated and supposedly gave
everything to Lynn, but there is a question if Vera’s `then’
(redundant on Lynn’s death) will in fact gave her half of the Perrott
timber to Lynn rather than back to the Perrotts as she had promised—which
was the reason for her brother Henry W. Perrott’s later contest
against Vera’s estate, to get Vera’s part of the Perrott family
timber back. Lynn died in the hospital. Vera is suddenly in testate (without
a valid will). Vera knows she doesn’t have long to live (she’s
dead in two months). She checks out of the hospital with two objectives,
a) to produce a valid will to create the Nature Preserve of their Indianola
property, and 2) to die and join Lynn.
5) Vera’s New Will May 1972--Vera was astute and sagacious. She grew up on the family ranch, got her feet well planted on the ground before she got her head in the clouds. She graduated from Cal Berkeley to teach school in Humboldt County. She was well read and versed on the world. But Vera was somewhat cloistered. Vera didn’t like too much contact with the `boob’ public, and she especially despised having to deal with bankers, accountants, lawyers, salesmen, social climbers, blow-hards and pompous sorts, and the uninvited `gawkers’ that came barging up her hill to see her famous house. Lynn had always dealt with all the required business, legal and financial affairs. Vera was in mourning, and near death herself. She was in a quandary as to what to do. Eventually she had to bite the bullet, and do a will. She finally relented and let Lynn’s lawyer Jim Henderson in her house. According to Vera’s neighbor and bosom friend Dolly Coffelt’s signed statement, the circling vulture banker White representing Crocker Bank was there. They talked to Vera pushing the Community Charitable Foundation concept and took down Vera’s input about creating the public Lynn Vietor Nature Preserve (talk about a deathbed will). Like fearing Vera would die before they (Crocker) `got the estate’, Henderson was back the next day May 3, 1972 with the will that Vera signed. Vera’s will can be seen as a tacit quid pro quo on her part. She wanted to create the public Lynn Vietor Nature Preserve of the 14 acres and her residence and have it guarded. Crocker wanted control of her money from now on (Principal was proscribed to the charitable foundation). So Vera made her `deal with the devil’. Vera required Crocker to serve as the trustee of the public Lynn Vietor Nature Preserve she was creating as her concession to allowing Crocker to be trustee of a Principal Trust (income to benefit the charitable foundation) of all her other assets. Vera’s clause creating her five Perrott nieces and nephews as watchdogs (and alternate reversionary beneficiaries under breach of will and Trust) which clearly stated that if the property was not kept `native and unspoiled’ this would constituted breach of her will and Trust, making it unequivocally clear what Vera’s intent was. Yes, Lynn was to have his charity, but never at the expense of the public’s Nature Preserve and the architecturally significant John Yeon home and landscaping, the 14.3 acre property that Vera and Lynn had created and nurtured as a sanctuary for Mother Nature over some 30 plus years. There was an oversimplification in the concept. In retrospect Vera would have been better to do her charitable deal with the Bank but not mixed it with the Nature Preserve. I.e. Vera might have appointed a better qualified independent land Trustee, Humboldt State, California State Parks, etc. But Vera’s rushed `death bed’ will did not allow for this refinement. So Vera’s will allowed the charitable foundation to `use’ her residence, and obligated the San Francisco bankers to be a Nature Preserve Trustee. These flaws eventually gave the Frankenstein Monster to be, the post-1992 metamorphous of the charitable foundation (or a Mr Hyde version of that entity) a foot in the door within the `foot-traffic-only’ public Lynn Vietor Nature Preserve which the bogus post-1992 version of the charity exploited to destroy the property. The post-1992 charitable foundation eventually rather than moving offsite to expand, cooked the books to remain on site, expand (funded by invaded Trust Principal), and despoil the public’s Lynn Vietor Nature Preserve and the Vietor’s residence and landscaping converting it into a high auto traffic `cleared and paved over’ arena for the post-1992 Mr Hyde version of the charitable foundation to put on a full court press to `recruit’ charitable donors—a far cry from the tranquil `walk in the woods’ Nature Preserve Vera had created and left for the public to enjoy.
6) Trust Document-The will signed by Vera on May 3 1972, stated to the
effect `that this day I have signed a Trust document (principal Trust
income to the charitable foundation).
7) Rule Against Perpetuity-In one section of Vera’s will the Perrott Education Trust was drafted specifically so as not to invite challenge or be voided under the arcane legal Rule Against Perpetuities. The same `overnight’ lawyer(s) apparently drafted the Charitable Trust-Foundation-Public Nature Preserve portion of Vera’s will creating clauses (intentionally?) to be vulnerable to the Rule Against Perpetuities (to get rid of Vera’s vexing `keep it native and unspoiled or it all goes to my nieces and nephews’ clause?) while signaling other `lawyers’ of the sinister plot giving the foundation the use (not ownership, not right to despoil) of Vera’s residence with esoteric language, `IN PERPETUITY’, not a word or concept that Vera would have used. An intentionally spiked (booby trapped) will? This booby trap would be sprung in 1999-2000 to protect the culprits despite their blatant and egregious breach of Vera’s will and Trust and to deny Vera’s watchdog nieces and nephews legal standing to question in Court the now Mr Hyde `bogus’ interloper `land trustee’ (1994 forward) with the complicity and connivance of Trustee WFB of their combined post 1992 skullduggery.
8) Crocker’s White-J. H. White was Crocker’s man in Eureka (with the title of Trust Officer), a retired military type, not a career banker per se. White was more on a sales or business development mission. He was trying to make a good showing by fulfilling his special mission to northern California to secure the Vietor estate in Trust for Crocker. But the San Francisco bankers and lawyers saw the flaw in the deal, Vera’s strong words in her will about abolishing the Principal Trust and Foundation if the 14.3 acre Indianola property was not kept `native and unspoiled’, if so much as a picnic table was added. Crocker had to have been less than happy with White’s claim of victory. No gold stars for White, get back up there and clean it up. This could well explain some of the ensuing overt attempts to `expunge’ this `flaw’ (from the banks standpoint) from Vera’s will, that follow, like in (10), (11), (12), (13), (14) below.
9) The H W Perrott’s Will Contest –Vera’s brother HWP was flabbergasted that Vera had given away her half of the three generations of Perrott timber properties that he and Vera co-owned. The family had struggled to first acquire the properties then to pay the property taxes over many years without selling any timber holdings off. It was especially hard in the depression years of the 30’s. Now to see half of it given away despite Vera having over the years affirmed that she would keep it in the Perrott family despite her having no children of her own. HWP contested, and got a negotiated settlement for some 19 % of Vera’s estate to correct for what was probably an `unintended’ oversight or flaw in Vera’s expedited `death bed will’.
10) Crocker Buy out offer-during the will contest settlement negotiations with Crocker HWP’s lawyer John Gromala was dispatched as an envoy by Crocker to see if Vera’s watchdogs would `sell’ (basically rescind) their reversionary rights under breach by signing a document drafted by Crocker in exchange for $11,000 each times five (to Vera’s nieces and nephews RWP, JRP, SMP, HAP, CAP), or some $55,000. Why would Crocker want to do this? See (8) above. This was in any case an overt attempt by Vera’s trustee Crocker to thwart and annul Vera’s intended protection of the public’s Lynn Vietor Nature Preserve `native-and-unspoiled’ despite Crocker having accepted a solemn Trustee’s fiduciary responsibility to do so. This smacks of Crocker arrogance, pulling a `bait-and-switch’ now that they had control of Vera’s money and Vera was dead, saying to hell with Vera’s quid-pro-quo harnessing Crocker to the fiduciary responsibility to Vera (and the public owners of the Nature Preserve) to guard the property `native and unspoiled’ as a condition of being named Trustee of the Principal Trust and the Indianola property. Vera’s horrified watchdog nieces and nephews refused Crocker’s insulting and `underhanded’ offer.
11) Negotiated Settlement with HWP-Crocker offered a negotiated settlement to resolve HWP’s `family timber claim’ to clear the ways so Vera’s estate could be closed and Crocker could get control of the residue, the money and the property, and the charitable foundation could be funded and go into operation. In this settlement process Crocker tried to get HWP to sign a draft `side document’ that purported to HWP’s rescinding the rights under breach of Vera’s watchdogs (Vera’s nieces and nephews, HWP’s children) to the Trust money and Indianola property (i.e. to remove the `glitch’—from the Trustee Banks point of view). There are copies of this draft document in Vera’s estate file. However, none are signed by HWP. But all of Vera’s five watchdog nieces and nephews were of legal age (RWP, JRP, SMP, HAP, CAP), and Vera had given them the right, not HWP. Thus that document even if signed by HWP would have been invalid, of no legal consequence. But why did Crocker pursue this stupid ploy? A further demonstration of Crocker’s (White’s) frustration and determination to get Crocker out from under their fiduciary responsibility to Vera to guard Vera’s public Lynn Vietor Nature Preserve `native and unspoiled’ by trying to disinherit Vera’s watchdog nieces and nephews (the enforcers) or Crocker would run a tangible risk of losing control of Vera’s Trust (money)? This attempt casts Crocker in the light of being the bait-and-switch vultures Vera feared them to be. Telling her what she wanted to hear (anything) on her deathbed to get control of her estate, but then duplicitously trying to buy off the Perrotts to remove Vera’s cloud on or threat to Crocker’s having `captured’ of the Vietor estate. See again (8) above, Crocker’s Mr. White (maybe more appropriately Mr. Black).
12) Foundation’s IRS application for 501-c-3 status. In 1975 an application was made on the foundation’s behalf to get IRS 501-c-3 `non-profit’ status, to become the charitable community foundation that Vera had specified after her estate was settled and a preliminary distribution of assets to Crocker was ordered by the Court in 1974 once the HWP `family timber’ will contest (9) was resolved. An IRS person reading Vera’s will queried the possibility that others (Vera’s watchdogs) might get control of the assets (only in case of breach of Vera’s will or trust) and that Vera’s watchdogs would not qualify for 501-c-3 status (a far fetched `what if’). IRS thus questioned giving Vera’s foundation IRS 501-c-3 status. The Crocker et al letter back to IRS essentially says, `not to worry-Vera’s will was defective (`conveniently’ spiked?) to make it vulnerable to the Rule Against Perpetuities, so Vera’s watchdogs have been stripped of their `in case of breach’ reversionary rights Vera gave them in her will. IRS eventually granted 501-c-3 status to Vera’s foundation late in 1975. When the Perrotts approached WFB and the bogus interloper post-1994 `land trustees’ about the illegality of the new building within the public Nature Preserve in 1999, this 24 year old IRS correspondence was the first document `conveniently available’ out of the post-1994 interloper `land trustee’s’ drawer. Like buzz off Perrotts, we got rid of you guys back in early 1975. We gave this specious argument to the IRS and they bought it. But was the agreement by an agent at the IRS legal adjudication to annul a clause in Vera’s will as being defective (defunct) under the Rule Against Perpetuities to strip Vera’s watchdog heirs of their rights and standing? No. It was just wishful thinking on the part the Trustee Crocker and the foundation. And were the Perrott’s informed at the time of their ostensibly being stripped of their rights and duties (standing), so they could have addressed this chicanery in court? No. This again adds to the smell of the ongoing conspiracy’ above, in (8), (10), (11) to illegally defraud Vera, to take her money and then intentionally renege on living up to the `keep it native and unspoiled’ Trustee’s fiduciary responsibilities to Vera and the public owners of the Lynn Vietor Nature Preserve as part of Vera’s will and Trust agreement.
13) Henderson goes over to the opposition-Henderson had a lawyer-client
relation with Vera as the drafter of her 1972 will. But Henderson showing
up at Vera’s bedside with Crocker’s White in tow raises concerns
about possible conflicts of interest. Was Henderson working for Vera or
surreptitiously double-dealing for Crocker? This concern
14) Final Distribution-In 1977 as part of the 4th annual Crocker Trustee
report to the Court (Vera’s estate) a `final distribution’
of Vera’s estate was entered into the Court record. In this exercise,
not all the terms of Vera’s will were copied verbatim into this
Court document. Some clerk or other pettifogger purveyor of chicanery
(inadvertently or intentionally) did not mention Vera’s watchdog
nieces and nephews as having the reversionary right to Vera’s Trust
money and Indianola property in case of the Trustees
15) Despite all the questionable `incidents’ above, once the foundation under Crocker trusteeship was up and running, the `operation’ seems to have generally followed Vera’s `keep-it-native-and-unspoiled’ wishes and expectations over the next 20 years under the purview of the bona fide Foundation board as selected under directions by Vera’s Trust document (see 16 below), and with Ellen Dusick as Executive Director and salaried head of day to day foundation operations. A low key low overhead pure vanilla charitable operation that guarded the property `native and unspoiled’. Crocker appears however to have gone to great lengths to `set the stage’ (booby traps) to establish a firewall against any attacks from Vera’s heirs over despoliation of the public property (in Trust). However as long as Dusick was in day to day charge at the foundation, and Crocker was the trustee of the land, the property was guarded `native and unspoiled’ as specified in Vera’s will.
CHICANERY PHASE TWO (WELLS FARGO AND BOGUS INTERLOPER-1994-INDANOLA PUBLIC NATURE PRESERVE LAND TRUSTEE)—POST 1992
16) Take over by a bogus post 1992 version of foundation--We take up the story anew when the current (starting about 1992) foundation skullduggery with WFB connivance resulted in flagrant actions and acts of breach of Vera’s will and trust, via despoliation of the public’s (in trust) Lynn Vietor Nature Preserve and the Vietor’s architecturally significant residence and landscaping all duplicitously `arranged’ to be funded by invaded Trust Principal Vera provided and meant for charity (income only off Principal) not chicanery and despoliation. At some point around 1992 Foundation Board member cum president Jack Selvage led a successful coup d’etat to take over the foundation and from then forward ignore any and all of Vera’s wishes, directives and proscriptions that were contrary to a now post-1992 version of the foundation self serving and empire building goals, the foundations publicized (so called) `rethought mission’ and `grow-the-foundation’ mantra. Selvage had been appointed by the Court to his position on the foundation board in the mid-1980’s under the originally established Trust formula for choosing the seven members of the foundation’s Board Of Governor (see below **) followed for the first 20 years or so. But when he became president of the Board, without any notice to the Court, thus without the California Attorney General’s knowledge, the mandated and then ongoing Trust method of appointing foundation Board members was scrapped (an egregious breach of Trust). Most of those `legally’ appointed in the first 20 years of the foundation’s operations were pushed out to be replaced by a new kind of Board Member chosen by some new unilateral `in house’ conflict-of-interest Trust breaching method, which can be best described as based on Jack Selvage cronyism. To the victor go the spoils.
** The document DECLARATION OF TRUST: THE FOUNDATION, V. THE BOARD OF GOVERNORS, in its pertinent portions stated: (*) The Board of Governors shall consist of seven (7) citizens and residents of the USA, State of California, residing in Humboldt County or within fifty miles thereof. (*) Said Board members shall be appointed as follow: (#) one by the Trustees Committee (a committee of Trust Banks holding principal funds for the foundation further defined in article VII, (#) one by the Chairman of the Humboldt County Board of Supervisors, (#) one by the Presiding Judge of the Humboldt County Superior Court, (#) one member by the President of the Humboldt Council of Chambers of Commerce, (#) one member by the President of Humboldt State University, (#) one member by the President of the College of the Redwoods, (#) one member by the President of the United Way for Humboldt County.
17) 1992-Ellen Dusick was terminated as the salaried day-to-day Executive Director of the foundation. She had run things strictly as per Vera’s wishes for some 20 years, having known Vera and witnessed Vera’s signing of her will. Ellen was a `good guy’ which apparently cost her her job as the `chicanery’ artists took over the post-1992 foundation and Ellen was an obstruction to their planned injustices and destruction of the public’s (in trust) property and other egregious breaches of Vera’s will and Trust now planned in the foundation’s post-1992 `rethought mission’. Research and observation of press releases and other documentation of the foundation’s post-1992 `rethought mission’ leads one to judge that it is synonymous with self-serving goals, empire building, high overhead, influence seeking and peddling cronyism, with just enough charity to keep up the façade, and to hell with the public Lynn Vietor Nature Preserve, all to accomplish the foundation’s `rethought mission’ and new greedy and materialistic bent.
18) 1993-Foundation hires Pennekamp to replace Dusick. Pennekamp lacked qualifications or experience for such a position. From Vera’s point of view, he became the post-1992 foundation’s Mafia like hit man, it’s villainous Mr Hyde `bad guy’ brought in to implement the post-1992 foundation’s chicanery that was to follow the Selvage coup d’etat take over of the foundation. This involved arrogant and deliberate breach of Vera’s will and trust in planning and carrying out despoliation of the public Nature Preserve (and Vietor residence and landscaping) egregiously funded via clearly proscribed invasion of Vera’s Trust Principal meant for charity not self serving, empire building, conflict-or-interest chicanery which became hallmarks of the foundation’s post-1992 `rethought mission’.
19) Smoking Gun February 1992-In a covert operation the foundation’s dissembling deceiver Pennekamp goes surreptitiously to Humboldt Planning and files an illegal and fraudulent building permit application to allow the foundation to cut redwoods, destroy and pave over John Yeon landscaping, revamp and despoil the architecturally significant Vietor home, all strictly proscribed in Vera’s will. The requested permit to allow the 14.3 acre `guest resident’ foundation to despoil the Public (held in trust ) Lynn Vietor Nature Preserve was illegal, and it was fraudulent as the foundation pretended they owned the property, while it was held in Trust (Crocker still as Indianola nature preserve trustee in early 1994) for the public. The Court with jurisdiction over Vera’s estate and thus the California Attorney General were intentionally not informed of this blatant but clandestine Trust and will breaching skullduggery. And as Crocker was being bought out (replaced) by Wells Fargo Bank, Crocker, Vera’s original trustees during whose time the property was maintained `native-and-unspoiled’ was transitioning out of the picture and was no longer available to blow the whistle on or block the post-1992 foundation’s meticulously planned violation of Vera’s will and Trust. And honest Ellen Dusick had been shown the door back in 1992 to clear the way for Pennekamp and this outrage.
20) 1994-May. Crocker had been bought out by Wells Fargo Bank (WFB). To put the record straight, before the Humboldt Court in May 1994 the changing of the guards was officially documented, WFB replacing Crocker as trustees of both: 1) Vera’s Principal Trust and 2) the Trusteeship of the 14.3 acre public Lynn Vietor Nature Preserve at Indianola. The now Mr Hyde post 1992 version of the `resident in the nature preserve’ foundation in the meantime is surreptitiously pursuing their illegal and fraudulent building permit application to despoil the property that WFB in May 1994 has become trustee of for the North Coast public. The `rethought mission’ mixed Dr Jekyll and Mr Hyde version of the foundation used this `convenient’ changing of the guards in 1994 as cover for and a good opportunity to carry out their will and Trust breaching chicanery.
21) 1994-December-WFB and the foundation appeared before the Court and Vera’s foundation was allowed to replace WFB as the `land trustee’ of the 14.3 acre public Lynn Vietor Nature Preserve. With this court action the interloper foundation took on the fiduciary responsibility to guard the Indianola property `native and unspoiled’ for its owner, the North Coast public. It is important to note that the now Mr Hyde version of the foundation took on this fiduciary responsibility as `land trustee’ (of a public Nature Preserve in Trust) with their bogus permit from Planning (19 above) to despoil that very same public Nature Preserve and Vietor residence in hand, for egregious fraud and conflict of interest with malicious intent to despoil the public property that as its trustees the `henceforth wears two hats’ foundation is `now’ legally obliged to protect. How did WFB and the Court let an unqualified `conflict of interest’ foundation become `land trustees’? Especially with the foundation having the `malice of forethought’ of having applied almost a year earlier for a permit to despoil what they were now being made Trustees of thus accepting the solemn fiduciary responsibility to guard `native and unspoiled’ for the North Coast public. Is this not a classic (or worse) case of bureaucratic foul ups permitting `the fox to watch the henhouse’? Who is more culpable? Is it WFB for abandoning their fiduciary responsibility as Trustees in connivance with the foundation, or the foundation for volunteering to become Trustees while plotting to destroy the public’s property under the guise `of maintaining it’, or the Court for being duped or in connivance and going along with the chicanery? There is plenty of blame to go around. This episode puts in question if there is a `rule of law’ in Humboldt County.
IMPORTANT NOTE: From this point forward (1994), Vera’s foundation has morphed into two versions in one governing body and administration, a foundation and a land trustee of a public nature preserve. This is something along the model of Robert Louis Stevenson’s 1886 book THE STRANGE CASE OF DR JEKYLL AND MR HYDE, and what we now have is a good and altruistic Dr Jekyll (charitable foundation) version and a sinister and malevolent Mr. Hyde version, the `bogus’ interloper 1994 Indianola public nature preserve `land trustee’, a villainous Trust and will breaching destroyer of that public Nature Preserve. The Dr Jekyll version is ostensibly still a reasonably legitimate charitable organization joined by a new December 1994 onwards nature preserve `land trustee’ (Mr Hyde) version, a sinister, bogus, conflict of interest interloper land trustee (of the 14.3 acre public Lynn Vietor Nature Preserve at Indianola) intent on destroying the very public Nature Preserve that WFB and the foundation have connived to hoodwink the `bureaucracy’ into allowing this mutation to become trustee of. In Vera’s heirs 1999-2001 legal actions against WFB and the destroyers of the public nature preserve (foundation), Vera’s watchdog’s intended to take on principally the Mr. Hyde (villainous destroyer) version of the foundation, not the North Coast’s `sacred cow’ (Santa Claus) Dr. Jekyll (charitable good guy) version, of the split personalities operating out of one `body’ under the umbrella of the foundation’s name.
22) 1995 Break Ground Despoliation-The post-1994 new `bogus’ Mr
Hyde public Nature Preserve `land trustee’ brought in contractors,
bull dozers, paving machines, chain saws, cut redwoods, a front door madrone
tree, destroyed natural and John Yeon landscaping, gutted the Vietor home
to convert it into a `bullpen’ foundation office to accommodate
the foundations drastic increase of staff to pursue the post 1992 `rethought
mission’(new empire building high overhead approach to `charity’),
all contrary to and in conflict of interest with the
23) 1995-Invasion Of Principal. Vera’s will unequivocally stated
that the foundation was to have access to ONLY the income off Vera’s
Trust Principal, but never a dollar of PRINCIPAL. Without the Court’s
knowledge (thus that of the California Attorney General), the interloper
land trustee (Mr Hyde) went surreptitiously to new Principal Trust trustee
WFB and speciously proposed that because the foundation in name was now
24) Further Invasion Of Principal-In 1996 the foundation had the temerity
to go to the Court (with WFB connivance) and ask for 6% off the top of
Vera’s TRUST PRINCIPAL annually for their `charitable’ operations
with completely specious, invalid, self serving, smoke screening, `double
speak’ arguments, titled the `total-return-policy’, despite
Vera’s will unequivocally stating that the charity Vera created
was to get only the income
25) 1998-Emboldened by the chicanery that they had gotten away with post-1992, and on their `grow-the-foundation’ mantra (empire building) bogus Indianola land trustee accompanied by Vera’s trustee WFB this time went to the Court and asked permission to further despoil the public’s Lynn Vietor Nature Preserve with a new building, and to have the Court bless the funding of this further skullduggery with more of Vera’s INVADED TRUST PRINCIPAL, which the court winked at and blessed, and Planning accommodated by issuing a second illegal and fraudulent building permit, and which skullduggery the Attorney General in Sacramento was duped into rubber stamping on the basis of the foundation’s (and/or bogus interloper land trustee’s) specious court documentation egregiously distorting (reinventing) Vera and her will and Trust and covering up the backstabbing of Vera by her Trustees WFB and interloper Mr. Hyde public nature preserve `land trustee’. But again Vera’s watchdog heirs and the public owners (in trust) of the property were never informed, and thus stripped of their right and equal protection of the law to guard their interests in keeping the property `native-and- unspoiled’.
26) 1999 Vera’s `watchdogs’ slumber ends-The foundation
(and or bogus interloper land trustee) egregiously announced to the public
their `ground breaking’ plans to further destroy the public’s
Lynn Vietor Nature Preserve in mid-1999, by building a large ugly `warehouse’
like office building and increasing the paving over for parking within
the `not-even-a-picnic-table’ public Nature Preserve to some 100
parking spaces, despoiling a further 10% of the public’s 14.3 acre
Lynn Vietor Nature Preserve. Word got to Vera’s heirs who brought
action in Court against Wells Fargo Bank and the `occupants of Vera’s
27) 2000 Building Permit Renewal-Due to the delay in the Indianola bogus interloper `land trustee’s’ breaking ground because of Vera’s heirs injunction request and legal efforts to block the despoliation of the public’s Lynn Vietor Nature Preserve, the Mr Hyde version of the foundation had to return in year 2000 before Planning to get a renewal of the earlier bogus 1998 building permit. Vera’s heirs protested before Planning that the permit should be rescinded as fraudulent and illegal (see 19 above), but were ignored whitewashing `land trustee’ (Mr Hyde’s) chicanery. Vera’s heirs then appealed to the Humboldt Supervisors (who could over rule Planning), same argument, with the authorities ignoring the fraudulent and illegal destruction of the public (in trust) Lynn Vietor Nature Preserve by its trustee and renewed the bogus interloper’s (Mr Hyde) bogus permit, adding another layer of `whitewash’ to the `we honor our founder’ occupiers of Vera’s residence’s skullduggery. As Vera’s Indianola property is within the California Coastal Zone jurisdiction, Vera’s heirs then appealed to the California Coastal Commission to over rule the fraudulent and illegal building permit which Coastal had the jurisdiction and power to do. This on the basis that Vera’s established (then 28 years) public Lynn Vietor Nature Preserve within the Coastal Zone fit precisely what Californian’s had voted into law with Proposition 20 in 1972, creating the California Coastal Commission to protect just such as Vera’s gift to the public. Heirs appealed that destruction of Vera’s gift to the public was the unique duty of Coastal to stop. Coast staff in Eureka compiled a 44 document of specious arguments to protect their crony bogus interloper Indianola `land trustee’ and Coastal Commission at their meeting in Los Angeles egregiously sided with the culprits, the destroyers of the public Lynn Vietor Nature Preserve and condoned the Mr Hyde skullduggery for another coat of whitewash. Vera (and the public owners) plea would be, where is America’s much trumpeted `rule-of-law’ in Humboldt County?
28) 2001 Class Action Suit-Vera’s heirs and others created a `Save The Public’s Lynn Vietor Nature Preserve’ entity and membership-petition drive including the public owners (in trust) of the property. The theory, if in fact Vera’s heirs had lost (through skullduggery or chicanery or legally) their standing to question the WFB and bogus interloper Indianola `land trustee’s’ actions (destruction of public property) in court, why could the public owners of the despoiled property not appeal to the `rule of law’ and stop the despoliation of Vera’s gift (in trust) to them. I.e. Trustees WFB and bogus interloper Indianola `land trustee’ wronged the North Coast public by destroying the public’s gift from Vera. The local Humboldt Court again ignored Vera’s will and Trust and ruled against the class action suit in October 2001, in a final act of bowing to the chicanery of WFB and the Indianola interloper `land trustee’ cronyism and `kill Vera’s messengers’ strategy by blessing the two Trustees’ despoliation of the public property. It is interesting that the bogus Indianola `land trustee’ went ahead and broke ground in July 2001 three months before the Court ruling. One can only assume that the interloper `land trustee’ (Mr. Hyde) would not have so flaunted justice unless they had early `back door’ access to the Court and assurances that the Court would rule in favor of culprits WFB and the bogus `interloper’ Indianola land trustee and against founder Vera and the North Coast Public, owners (in trust) of the despoiled Lynn Vietor Nature Preserve.
Vera was an environmentalist, outdoors person, nature lover, bird watcher, as was Lynn. Vera and Lynn created something special at Indianola, a haven for Mother Nature surrounding their architecturally significant residence. Vera’s will left this treasure in Trust for the enjoyment of the North Coast public. In the Phase 1 of Chicanery (72-77), Crocker in a conflict of interest cooked the books to armor themselves against Vera’s guarantees and protections that the site be kept `native-and-unspoiled’ (i.e. greedy and materialistic Crocker feared not being able to live up to Vera’s strict standards, and could lose control of the Trust money they controlled from Vera’s generosity). However in all fairness, operationally the occupants of the 14.3 acres at Indianola towed the mark while Crocker was `land trustee’ from inception in 1972 through their bowing out in 1994, the first 20 years of operation. But in the early White `get Vera’s estate’ phase, Crocker had `booby trapped’ against the protections in Vera’s will and Trust to guarantee against despoliation of the Public Lynn Vietor Nature Preserve and Vietor home and landscaping (and the invasion of Vera’s Trust Principal to fund and accomplish such a travesty).
The post-1992 Phase 2 (1992 to Present) of Chicanery saw major destruction. With Wells Fargo Bank (94) succeeding Crocker as Trustees, but conniving to allow `conflict-of-interest’ bogus interloper Indianola land trustees (94), despite its `now’ fiduciary responsibility, with WFB giving a blind eye to the egregious and intentional destroying of the public’s gift from Vera, the `native-and-unspoiled’ 14.3 acre site including the Vietor’s architecturally significant home and landscaping. Unfortunately, despite the stark nature of the travesty, and it’s blatantly violating Vera’s will and trust, WFB and the bogus interloper Indianola `land trustee’ were able to successfully follow a `kill Vera’s messenger’ strategy with legal maneuvering (funded by Vera’s Principal Trust) and kept the clear breaches of Vera’s will and Trust from being adjudicated in the Court in the two years 1999 through 2001. Why this failure of the `rule of law’? Vera would be most disappointed that the Court, Humboldt Planning, Humboldt Supervisors and the California Coastal Commission all shirked their responsibilities and bowed to the cronyism and `special interests’ involved in allowing WFB and bogus interloper (94) Indianola land trustee (Mr. Hyde) to pull off this travesty. These bureaucrats essentially blessed Vera’s post-1992 foundation transitioning into a Frankenstein like monster—Mr Hyde (while masquerading as just a benevolent altruistic charity—Dr Jekyll) with WFB connivance and complicity that destroyed what Vera wanted saved for posterity.
Who lost? Not the Perrotts who brought suit only to stop the despoliation, as they wanted nothing material out of their efforts (land or money), despite egregious foundation calumny to he contrary (**). Vera’s watchdog heirs only wanted to get the post 1992 version of the foundation (bogus interloper land trustee) removed from site and affect the reinstitution of an honest bona fide charitable foundation back on site, have the Court appoint a real `land trustee’ to protect and not despoil the public’s Nature Preserve. So the ultimate loser was the North Coast Public to whom Vera had left her precious gifts.
(**) Vera’s heirs 1999-2000 pleading with the Court: Vera’s watchdog heirs waived their right to the Principal Trust money and Indianola land (as their reversionary right per Vera’s will under breach). Instead to put things right with what Vera intended her heirs pleaded that the Court order: (1) that the post-1992 Dr Jekyll-Mr Hyde entity resident in Vera’s residence, having egregiously breached Vera’s will and Trust and destroyed the public property that they as bogus interloper 1994 land trustee had the fiduciary responsibility to protect must be stripped of the `land trusteeship’ and must abandon the site, relocate elsewhere (2) That of the total Principal Trust money (then some $50 million), some $40 million was from `others than Vera’ sources, some $10 million was Vera’s original gifts (appreciated). That the Post 1992 Dr Jekyll and Mr Hyde `gang’ occupying Vera’s residence must move offsite to be allowed to continue to administer only the `non-Vera’ $40 million of principal, creating a newly named separate and independent IRS 501-c-3 like the `North Coast Foundation’ (Vera’s to retain her creation, her foundation first named in her will). (3) That the Court order the appointment of a new bona fide independent board for Vera’s ongoing activity--per Vera’s Trust document article V-see above (16)—to administer the `Vera’s money only’ reconstituted ongoing charitable foundation operation which would itself locate its operations offsite to remove the `conflict’ of a charity administration operating inside a `walking traffic only’ public Nature Preserve. (4) That the Court appoint a new bona fide `land Trustee’, with the `heirs’ recommending Humboldt State College and the University Of Oregon, the latter as they are the center of John Yeon’s work and have a strong desire to see the Vietor residence architecturally renovated and National Heritage Site status applied for to cover the entire 14.3 acre public Lynn Vietor Nature Preserve. (5) That WFB for failure to perform their fiduciary duties and protect the public property be ordered by the Court: (a) WFB to repay to the reconstituted ongoing `Vera’s money only’ foundation all the Principal Trust money (for charity) inappropriately issued by WFB from Vera’s Principal Trust to the post 1992 charitable foundation plus interest, and (b) WFB to further pay a substantial sum to be proposed by Humboldt State-U of Oregon (or equal) and approved by the Court to restore the Vietor residence and landscaping, etc, to as close to their pre-1995 `native-and-unspoiled’ status as possible and (c) WFB to pay further Court ordered punitive damages for WFB’s failure to carry out their fiduciary Trustee duties to protect the public property and for allowing illegal invasion of Vera’s Trust Principal. This amount to be Court ordered into two portions, one into the `new’ reconstituted Vera’s Charitable Trust kitty and the remainder into a new Trust designated to maintain and operate the public’s Lynn Vietor Nature Preserve (administered by the new land trustees like HSU and U of O). This latter would include buying a parcel south of Indianola Road adjacent to the entrance to the Lynn Vietor Nature Preserve, for a visitors parking lot, so Nature Preserve visitors could park their cars offsite, and would be allowed to visit the 14.3 acre site on foot only. (6) The only thing that the Perrotts asked the Court to consider for themselves would be to order that WFB reimburse the Perrotts for their out of pocket legal fees for having acted as good Samaritans to blow the whistle and save their aunt Vera’s and the public’s Lynn Vietor Nature Preserve and residence. All the above is in the public record at the Humboldt County Courthouse, Vera’s estate file, in her watchdog’s 1999-2001 legal pleadings to stop the WFB and accomplices’ chicanery.
The foundation’s post-1992 `rethought mission’ and `grow-the-foundation’ regime claimed `Vera’s foundation is a charity that has become so indispensable to the North Coast that the foundation has to expand’ (expand is a post-1992 foundation euphemism for high overhead empire building). But if Vera’s foundation in fact did `need’ (for charity vs. self serving reasons) to expand, all they needed to do was move the expanded operation physically outside the public’s Lynn Vietor Nature Preserve, rather than stab their founder Vera in the back and despoil her gift to the public, the Lynn Vietor Nature Preserve and the Vietor’s architecturally significant residence (with invaded Trust Principal intended for charity not self serving chicanery). Who can argue that you have to destroy a public Nature Preserve to give away money?