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  1. #1
    Quote Originally Posted by doug555 View Post
    See this folder and especially read this document to see another dimension the to the BC issue...
    Thanks for the very interesting information. Here is Black's 2d definition:

    What is*USUFRUCTUARY?

    In the civil law. One who has the usufruct or right of enjoying anything in which he has no property, Cartwright v. Cartwright, 18 Tex. 628Law

    I think it might be prudent to ask which party to the BC trust is the usufructuary interest. So let's dissect the trust.

    What is the res? THE NAME as an organization under the laws of the State of California and of the United States, and all the rights, duties, and obligations running with that organization.

    Earlier in the thread I made mention that I thought I was the beneficiary of the trust, since I thought it was my mother's intention as settlor. But wait, that's not what the certificate application says. Rather the mother or other person is the informant. So mom was a hostile witness.

    What if I am the settlor who is creating an intervivos trust for the benefit of THE NAME, which has at least three parties? Wouldn't the usufructuary interest then lie with THE NAME, and not with me? And wouldn't there be two other settlors/secured parties?

    Now I realize I was an infant, but mom appeared as an hostile informant, and made an affidavit stating to the facts. But all men are created equal, and contracts with infants are voidABLE, not void.

    Note the second part of the following definition:

    What is*CHILD?

    This word has two meanings in law: (1) In the law of the domestic relations, and as to descent and*distribution, it is used strictly as the*correlative*of “parent,” and means a son or daughter considered as in relation with the father or mother. (2) In the law ofnegligence, and in laws for the*protection*of children, etc., it is used as the CHILD 197CHIROGRAPH*opposite of “adult,” and means the young of the human species, (generally under the age of puberty,) without any reference to parentage and without distinction of sex. Miller v. Finegan, 26 Fla. 29, 7 South. 140, 6 L. R. A. 813.Law Dictionary:*http://thelawdictionary.org/child/#ixzz2qoTYyCCp

    What is*CHIROGRAPH?

    In old English law. A deed or indenture; also the last part of a fine of land. Aninstrument*of gift or*conveyance*attested by the*subscription*and crosses of the witnesses, which was in Saxon times called CHIROGRAPH 198*CHOSE IN ACTION“chirographum,” and which, being somewhat changed in form and manner by the Normans, was by them styled “vharta.” Anciently when they made a chirograph or deed which required a*counterpart, as we call it, they engrossed it twice upon one piece of parchment contrariwise, leaving a space between, in which they wrote in capital letters the word “chirograph,” and then cut the parchment in two through the middle of the word, giving a part to each partyLaw Dictionary:*http://thelawdictionary.org/chirograph/#ixzz2qoVHfSZU
    Finally, here is a link to a sample birth certificate http://www.docstoc.com/docs/1482943/...th-Certificate

    Edit -- THE NAME appears to be a Chose in action.

    What is*CHOSE IN ACTION?

    A right to personal things of which the owner has not the*possession, but merely aright of action*for their possession. 2 Bl. Comm. 3S9, 397; 1 Chit. Pr. 99. A right to receive or recover a debt, demand, or damages on a cause of*action ex contractu, or for a tort counected with contract, but which cannot be made available*without recourseto au action. Bushnell v. Kennedy, 9 Wall. 390, 19 L. Ed. 730; Turuer v. State, 1 Ohio St. 420; Sheldon v. Sill, 8 How. 441, 12 L. Ed. 1147 ; People v. Tioga*Common Pleas, 19 Wend. (N. Y.) 73; Sterling v. Sims, 72 Ga. 53; Bank v. Holland, 99 Va. 495, 39 S. E. 126, 55 L. It A. 155, 80 Am. St. Rep. 898.*Personalty*to which the owner has a*right of possession*in future, or a right of immediate possession, wrongfully withheld, is termed by the law a “chose in action.” Code Ga. 1882,Law Dictionary:*http://thelawdictionary.org/chose-in-action/#ixzz2qocKVccn
    Last edited by Keith Alan; 01-19-14 at 04:29 AM.

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