Shareholders of the land in equitable interests. A beneficial owner.

Printable View

08-02-11, 09:53 PM
motla68

Shareholders of the land in equitable interests. A beneficial owner.

Beneficial owner is a legal term where specific property rights ("use and title") in equity belong to a person even though legal title of the property belongs to another person. Black's Law Dictionary (2nd Pocket ed. 2001 pg. 508). This often relates where the legal title owner has implied trustee duties to the beneficial owner.

Implied Im*plied", a.
Virtually involved or included; involved in substance;
inferential; tacitly conceded; -- the correlative of express,
or expressed. See Imply.
[1913 Webster]

25 Moby Thesaurus words for "owner":
beneficiary, cestui, cestui que trust, cestui que use, deedholder,
feoffee, feudatory, holder, householder, laird, landlady, landlord,
lord, master, mesne, mesne lord, mistress, possessor, proprietary,
proprietor, proprietress, proprietrix, rentier, squire,
titleholder

There is a cross over here not seen when you consider Usufructuary rules.
Beneficiary/owner suffers the liabilities while the Beneficial-Owner has " right of use ".

Remember the Lieber Code and what it says " spoilated owner " ?
I looked this up in googles free legal dictionary and this is what it says
about the spoilater:
" See: pirate "

So this is what I propose for thought; Yes they made a claim when they did the HJR 192 thing, took the gold, but then they gave remedy in the form of a shareholders certificate i.e. Certificate of live birth. Now this is not for a monetary value, but the equity that was taken from us when occupying army commandeered the land and gold.

Anyone here remember the legal phrase " those who bring a claim must also bring a remedy"? Also technically when Equity is pure, commerce should not be allowed to enter, the state courts seem to be quite aware of this as well. Most evident when they allow you to bring claims against yourself.

Pretty interesting site where the natives are naming themselves " shareholders".
http://www.nativesofkodiak.com/
10-02-11, 12:36 AM
shikamaru

After listening to "the Informer", I concur there is something to law by conquest ....
12-09-12, 05:14 AM
fishnet

Could the Certificate of Live Birth be the indemnity receipt provided to the spoilated owner by the commanding officer (Governor), as required by Section II, 38. THE LIEBER CODE OF 1863? It would appear to surrender the indemnity receipt to the State Attorney General and one would be indemnified in any administrative code case.
12-09-12, 09:43 AM
David Merrill

Quote:

Originally Posted by fishnet

Could the Certificate of Live Birth be the indemnity receipt provided to the spoilated owner by the commanding officer (Governor), as required by Section II, 38. THE LIEBER CODE OF 1863? It would appear to surrender the indemnity receipt to the State Attorney General and one would be indemnified in any administrative code case.

That is certainly worth inquiry. I say that one needs to identify themselves to a creditor in order to become a debtor. For trust to form one must give power of attorney. That is to say, one must give their legal or full name. The birth certificate is the state registration and basis for that construction - for it to become an express trust (contract/loan). How that relationship has formed in history and law is not to be overlooked.

Regards,

David Merrill.
12-09-12, 01:56 PM
Chex

Quote:

Originally Posted by David Merrill

That is certainly worth inquiry. I say that one needs to identify themselves to a creditor in order to become a debtor. For trust to form one must give power of attorney. That is to say, one must give their legal or full name. The birth certificate is the state registration and basis for that construction - for it to become an express trust (contract/loan). How that relationship has formed in history and law is not to be overlooked.

Indeed that is certainly worth inquiry, for trust to form one must give power of attorney.

Capitis Diminutio – comes from USLegal.com.

Capitis Diminutio literally means diminishing of a person’s personality or status. A person may loose his personality or legal capacity either in whole or in part.

There are three stages of loosing a persons personality namely:

1.Capitis diminutio minima consisting of the loss of a person’s family relations alone. The right to liberty and citizenship are unaltered here. In Capitis diminutio minima there is only a minimum loss of status.

2. Capitis diminutio media consisting of the loss of a person’s citizenship and family. Here there is no loss of personal liberty. In capitis diminutio minima there is a medium loss of status.

3.Capitis diminutio maxima consisting of the loss of liberty, citizenship and family. Here a person’s status is changed from freedom to bondage. In Capitis diminutio maxima there is the highest loss of status.

So what exactly is this trust for this person?

Can't find it here:http://www.ssa.gov/OP_Home/ssact/ssact-toc.htm

* Implied trust. An implied trust, as distinct from an express trust, is created where some of the legal requirements for an express trust are not met, but an intention on behalf of the parties to create a trust can be presumed to exist.

A resulting trust may be deemed to be present where a trust instrument is not properly drafted and a portion of the equitable title has not been provided for.

In such a case, the law may raise a resulting trust for the benefit of the grantor (the creator of the trust). In other words, the grantor may be deemed to be a beneficiary of the portion of the equitable title that was not properly provided for in the trust document.

* Express trust. An express trust arises where a settlor deliberately and consciously decides to create a trust, over their assets, either now, or upon his or her later death.

In these cases this will be achieved by signing a trust instrument, which will either be a will or a trust deed.

Almost all trusts dealt with in the trust industry are of this type. They contrast with resulting and constructive trusts.

The intention of the parties to create the trust must be shown clearly by their language or conduct.

For an express trust to exist, there must be certainty to the objects of the trust and the trust property.

In the USA Statute of Frauds provisions require express trusts to be evidenced in writing if the trust property is above a certain value, or is real estate.
12-10-12, 01:20 AM
walter

Quote:

Originally Posted by David Merrill

For trust to form one must give power of attorney.

if aunt betty created a trust for little billy, and put the trust in her will, and did not inform anyone of this trust, who has PoA?
12-10-12, 01:44 AM
David Merrill

Quote:

Originally Posted by walter

if aunt betty created a trust for little billy, and put the trust in her will, and did not inform anyone of this trust, who has PoA?

I like that! You did not state if Aunt Betty has died!

http://imageshack.us/a/img22/6872/nameinagent.jpg
12-10-12, 05:22 PM
walter

Quote:

Originally Posted by David Merrill

I like that! You did not state if Aunt Betty has died!

no she did not die yet,
but just by you asking that question if she was dead shows that there is a difference of when PoA is exercised,
the trust was created and she did not hand over PoA, only when she dies probate looks to see if someone has PoA,

it can be blurred alright,
01-12-13, 01:22 PM
shikamaru

Quote:

Originally Posted by walter

if aunt betty created a trust for little billy, and put the trust in her will, and did not inform anyone of this trust, who has PoA?

Probate Court.

Is the trust inter vivos?
If an executor/trustee has not been appointed, probate court will appoint one.