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Thread: Law of Trusts

  1. #11
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    Quote Originally Posted by Michael Joseph View Post
    While this post goes right to the nature of Property - Right of Use; it is vague. If I exercise dominion over a horse and break the horse does that mean you get to ride it? You have no Right of Use. Yet the Horse belongs to God. Will you trespass upon my farm animal and USE it for yourself?

    Look at the Scripture - it says do not remove the ancient landmark. Their lots were surveyed out and their lots were their inheritance. The land belongs to God - the Surveyed Lot belongs to Man.
    Sorry for the confusion, this was suppose to be a response to Post #5, not yours.

    Any ways in reference to your response and Deuteronomy 28 mentioned before I notice in there where it mentions we go out and Posses the land, not own it. So then what is proof of possession without the use of persons to do it with, can this be done? How say ye the scripture?

  2. #12
    Senior Member Michael Joseph's Avatar
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    If one is beneficiary of an Estate then why would one act for the Trustee - that is Trustee de son Tort.

    TRUST, contracts, devises. An equitable right, title or interest in property, real or personal, distinct from its legal ownership; or it is a personal obligation for paying, delivering or performing anything, where the person trusting has no real. right or security, for by, that act he confides altogether to the faithfulness of those intrusted. This is its most general meaning, and includes deposits, bailments, and the like. In its more technical sense, it may be defined to be an obligation upon a person, arising out of a confidence reposed in him, to apply property faithfully, and according to such confidence. Willis on Trustees, 1; 4 Kent, Com. 295; 2 Fonb. Eq. 1; 1 Saund. Uses and Tr. 6; Coop. Eq. Pl. Introd. 27; 3 Bl. Com. 431.

    2. Trusts were probably derived from the civil law. The fidei commissum, (q. v.) is not dissimilar to a trust.

    3. Trusts are either express or implied. 1st. Express trusts are those which are created in express terms in the deed, writing or will. The terms to create an express trust will be sufficient, if it can be fairly collected upon the face of the instrument that a trust was intended. Express trusts are usually found in preliminary sealed agreements, such as marriage articles, or articles for the purchase of land; in formal conveyances, such as marriage settlements, terms for years, mortgages, assignments for the payment of debts, raising portions or other purposes; and in wills and testaments, when the bequests involve fiduciary interests for private benefit or public charity,, they may be created even by parol. 6 Watts & Serg. 97.

    4. - 2d. Implied trusts are those which without being expressed, are deducible from the nature of the transaction, as matters of intent; or which are superinduced upon the transaction by operation of law, as matters of equity, independently of the particular intention of the parties.

    5. The most common form of an implied trust is where property or money is delivered by one person to another, to be by the latter delivered to a third person. These implied trusts greatly extend over the business and pursuits of men: a few examples will be given.

    6. When land is purchased by one man in the name of another, and the former pays the consideration money, the land will in general be held by the grantee in Trust for the person who so paid the consideration money. Com. Dig. Chancery, 3 W 3; 2 Fonbl. Eq. book 2, c. 5, §1, note a. Story, Eq. Jur. §1201.

    7. When real property is purchased out of partnership funds, and the title is taken in the name of one of the partners, he will hold it in trust for all the partners. 7 Ves. jr. 453; Montague on Partn. 97, n.; Colly. Partn. 68.

    8. When a contract is made for the sale of land, in equity the vendor is immediately deemed a trustee for the vendee of the estate; and the vendee, a trustee for the vendor of the purchase money; and by this means there is an equitable conversion of the property. 1 Fonbl. Eq. book 1, ch. 6, §9, note t; Story, Eq. Jur. SSSS 789, 790, 1212. See Conversion. For the origin of trusts in the civil law, see 5 Toull. Dr. Civ. Fr. liv. 3, t. 2, c. 1, n. 18; 1 Brown's Civ. Law, 190. Vide Resulting Trusts. See, generally, Bouv. Inst. Index, h. t.

    TRUSTEE, estates. A trustee is one to whom an estate has been conveyed in trust.

    2. The trust estate is not subject to the specialty or judgment debts of the trustee, to the dower of his wife, or the curtesy of the hushand of a female trustee.

    3. With respect to the duties of trustees, it is held, in conformity to the old law of uses, that pernancy of the profits, execution of estates, and defence of the land, are the three great properties of a trust, so that the courts of chancery will compel trustees, 1. To permit the cestui que trust to receive the rents and profits of the land. 2. To execute such conveyances, in accordance with the provisions of the trust, as the cestui que trust shall direct. 3. To defend the title of the land in any court of law or equity. Cruise, Dig. tit. 12, c. 4, s. 4.

    4. It has been judiciously remarked by Mr. Justice Story, 2 Eq. Jur. §1267, that in a great variety of cases, it is not easy to say what the duty of a trustee is; and that therefore, it often becomes indispensable for him, before he acts, to seek, the aid and direction of a court of equity. Fonbl. Eq. book 2, c. 7, §2, and note c. Vide Vin. Ab. tit. Trusts, O, P, Q, R, S, T; Bouv. Inst. Index, h. t.
    The blessing is in the hand of the doer. Faith absent deeds is dead.

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  3. #13
    Quote Originally Posted by Michael Joseph View Post
    Exactly it is the Original Survey that conveyed the Original Property Rights into Trust. The Crown as Trustee and the Ownership is just really the Equitable Title upon the CQVT. The CQVT comes from within the Estate and therefore it can be said that there is fee simple within the Estate. But the Estate is held in Trust by the Trustee. Lets now go to LEGAL and LEGAL ESTATE:

    LEGAL. That which is according to law. It is used in opposition to equitable, as the legal estate is, in the trustee, the equitable estate in the cestui que trust. Vide Powell on Mortg. Index, h. t.

    2. The party who has the legal title, has alone the right to seek a remedy for a wrong to his estate, in a court of law, though he may have no beneficial interest in it. The equitable owner, is he who has not the legal estate, but is entitled to the beneficial interest.

    [i believe Motla68 is very interested in [de]finition #2.



    3. The person who holds the legal estate for the benefit of another, is called a trustee; he who has the beneficiary interest and does not hold the legal title, is called the beneficiary, or more technically, the cestui que trust.

    4. When the trustee has a claim, he must enforce his right in a court of equity, for he cannot sue any one at law, in his own name; 1 East, 497; 8 T. R. 332; 1 Saund. 158, n. 1; 2 Bing. 20; still less can he in such court sue his own trustee. 1 East, 497.

    LEGAL ESTATE. One, the right to which may be enforced in a court of law. It is distinguished from an equitable estate, the rights to which can be established only in a court of equity. 2 Bouv. Inst. n. 1688.
    CQVT??

    If you will note from the wikipedia article concerning Statute of Uses, beneficiaries were made legal owners, thus subject to taxation (service).

    It sounds to me that the survey is analogous to an assessment for taxation.

    The legal relation with regard to feudal land law is lord and tenant.
    Last edited by shikamaru; 03-27-11 at 03:02 PM.

  4. #14
    Quote Originally Posted by motla68 View Post
    Who's Survey-Claim do you recognize as first in line in a lien upon it?

    Who is your God?
    Is a survey a lien?
    Is a survey a claim on land?
    If you have any books or treatises on the subject of land surveys and liens, I shall be grateful.

  5. #15
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    Quote Originally Posted by Michael Joseph View Post
    2. The party who has the legal title, has alone the right to seek a remedy for a wrong to his estate, in a court of law, though he may have no beneficial interest in it. The equitable owner, is he who has not the legal estate, but is entitled to the beneficial interest.

    [i believe Motla68 is very interested in [de]finition #2.
    You got it, I seek no commercial interests in a thing, let them have all that paper. Just acknowledge what they created for themselves and walk away from it, it then becomes for their benefit and not of my own. The equitable interest though is not by benefit, but of orders from a different " form " Genesis 1:26 - 28.

    (part 1 of 2) http://www.xtranormal.com/watch/6386001/

    (pt. 2 of 2) - http://www.xtranormal.com/watch/6389423/

  6. #16
    Senior Member Michael Joseph's Avatar
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    Quote Originally Posted by motla68 View Post
    Sorry for the confusion, this was suppose to be a response to Post #5, not yours.

    Any ways in reference to your response and Deuteronomy 28 mentioned before I notice in there where it mentions we go out and Posses the land, not own it. So then what is proof of possession without the use of persons to do it with, can this be done? How say ye the scripture?

    Motla68 now we are getting somewhere. Persons are the creations of Man and are therefore a STRANGER in Yisra'el. Usury can be charged upon a Stranger but not upon one in Yisra'el. Today the bloodline of Yisra'el while still important concerning duty - is overcome in Yehoshua - all the nations [peoples] can be grafted into the Tree - Commonwealth of Yisra'el.

    Persons Possess based on Survey. The Survey is not the object or idea but a RE-presentation of the object. A map is not the land. Therefore, a Person is really just a vessel that holds Rights. And Property is a Right of Use. Therefore the Person is a commercial interest. And the Person then can become a party to a Trust. And men and women are removed from the Land - EXACTLY as Yehovah said he would do if Yisra'el abandoned the covenant.

    The Persons are on the High Seas of Admiralty - operating in International Trust Law - UCC.
    The blessing is in the hand of the doer. Faith absent deeds is dead.

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  7. #17
    Senior Member Michael Joseph's Avatar
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    Quote Originally Posted by shikamaru View Post
    CQVT??

    If you will note from the wikipedia article concerning Statute of Uses, beneficiaries were made legal owners, thus subject to taxation (service).

    It sounds to me that the survey is analogous to an assessment for taxation.

    The legal relation with regard to feudal land law is lord and tenant.
    The Legal Owner is Beneficiary is Cestui Que Vie Trust. The taxation if Fealty to the Lord or more specifically the landlord.

    The Survey is the basis of the Claim. First Survey then Claim. Then the Rights are Transferred into Trust based on the Survey. If you will notice on any Deed it clearly states the "Property" is within STATE OF [ ]; and COUNTY OF [ ]. Those are Surveys.
    The blessing is in the hand of the doer. Faith absent deeds is dead.

    https://www.lawfulmoneytrust.com

    ONE man or woman can make a difference!

  8. #18
    Senior Member Michael Joseph's Avatar
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    Quote Originally Posted by shikamaru View Post
    Is a survey a lien?
    Is a survey a claim on land?
    If you have any books or treatises on the subject of land surveys and liens, I shall be grateful.
    dude you are debating with a former professional civil engineer. Of course I have books on Survey and Liens.

    The Survey is the BASIS for the Claim on whatever Object or Idea = Form of Matter. 1st Survey, then Stake the Claim; wait for others to issue forth their disagreements so that you do not trespass - upon no disagreements or upon an agreement reached; then your claim is perfected upon the SURVEY. And now the Rights of that Claim can be put into Trust. This would be Real Property Rights put into Trust. From there the Use of those Rights can be distributed to the Cestui Que Trust according to the bylaws of the Original Trust Agreement.
    The blessing is in the hand of the doer. Faith absent deeds is dead.

    https://www.lawfulmoneytrust.com

    ONE man or woman can make a difference!

  9. #19
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    Quote Originally Posted by Michael Joseph View Post
    The Legal Owner is Beneficiary is Cestui Que Vie Trust. The taxation if Fealty to the Lord or more specifically the landlord.

    The Survey is the basis of the Claim. First Survey then Claim. Then the Rights are Transferred into Trust based on the Survey. If you will notice on any Deed it clearly states the "Property" is within STATE OF [ ]; and COUNTY OF [ ]. Those are Surveys.
    In court they once offered up 2 surveys in which to identify who was making an appearance[from what venue] But since so many are now waking up and choosing the survey in which they have no legal control of so it is no longer offered. Any more you have to bring in your own survey in which cannot be taken away, it is of the Divinity.

  10. #20
    Quote Originally Posted by Michael Joseph View Post
    dude you are debating with a former professional civil engineer. Of course I have books on Survey and Liens.

    The Survey is the BASIS for the Claim on whatever Object or Idea = Form of Matter. 1st Survey, then Stake the Claim; wait for others to issue forth their disagreements so that you do not trespass - upon no disagreements or upon an agreement reached; then your claim is perfected upon the SURVEY. And now the Rights of that Claim can be put into Trust. This would be Real Property Rights put into Trust. From there the Use of those Rights can be distributed to the Cestui Que Trust according to the bylaws of the Original Trust Agreement.
    The question was directed at motla68, but I do thank-you for the reply.
    I would still be grateful for any books or treatises with regard to surveys, surveys as claims, and surveys as liens.

    I can recall some books I read with regard to your statements from homesteading or claims on land by colonists in foreign lands ...

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