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Thread: Law of Trusts

  1. #31
    Senior Member motla68's Avatar
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    Quote Originally Posted by shikamaru View Post
    Let me see if I get this ....

    It could be an express trust or a trust implied in law, the ultimate arbiter is government if government feels the trustee is not fulfilling his duties, correct?
    Give that man a beer on me! kudos It has nothing to do with us, but we consistently interfere in that relationship.

  2. #32
    Is a trust an estate?

  3. #33
    Senior Member motla68's Avatar
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    Quote Originally Posted by shikamaru View Post
    Is a trust an estate?
    Usually not until trust has gone into Probate, but there may be other circumstance, not really an expert on trusts as of yet.
    This is what we are attempting to do with CS is voluntarily probating the name in trust so the State can do it's job and take care of the accounting as stated in Article 55 of the rules of Warfare On Land at the Hague.
    Article 55
    The occupying State shall only be regarded as administrator and usufructuary of the public buildings, real property, forests, and agricultural works belonging to the hostile State, and situated in the occupied country. It must protect the capital of these properties, and administer it according to the rules of usufruct.
    http://avalon.law.yale.edu/19th_cent...ue02.asp#art55
    Modified=705925685F6DCB01EEhttp://avalon.law.yale.edu/19th_cent...25685F6DCB01EE

  4. #34
    Senior Member motla68's Avatar
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    Quote Originally Posted by motla68 View Post
    Usually not until trust has gone into Probate, but there may be other circumstance, not really an expert on trusts as of yet.
    This is what we are attempting to do with CS is voluntarily probating the name in trust so the State can do it's job and take care of the accounting as stated in Article 55 of the rules of Warfare On Land at the Hague.
    Article 55
    The occupying State shall only be regarded as administrator and usufructuary of the public buildings, real property, forests, and agricultural works belonging to the hostile State, and situated in the occupied country. It must protect the capital of these properties, and administer it according to the rules of usufruct.
    http://avalon.law.yale.edu/19th_cent...ue02.asp#art55
    Modified=705925685F6DCB01EEhttp://avalon.law.yale.edu/19th_cent...25685F6DCB01EE
    This can be a little hard to understand because of the different surveying overlays upon the land that MJ has mentioned on a few posts. These are the different governments with the same name. Republic and Democracy.

  5. #35
    Quote Originally Posted by motla68 View Post
    This can be a little hard to understand because of the different surveying overlays upon the land that MJ has mentioned on a few posts. These are the different governments with the same name. Republic and Democracy.

    It is helpful to study thermodynamic systems so that you can define the parameters in trust law. Otherwise the definitions and titles become ephereal.

  6. #36
    Quote Originally Posted by motla68 View Post
    Usually not until trust has gone into Probate, but there may be other circumstance, not really an expert on trusts as of yet.
    This is what we are attempting to do with CS is voluntarily probating the name in trust so the State can do it's job and take care of the accounting as stated in Article 55 of the rules of Warfare On Land at the Hague.
    Article 55
    The occupying State shall only be regarded as administrator and usufructuary of the public buildings, real property, forests, and agricultural works belonging to the hostile State, and situated in the occupied country. It must protect the capital of these properties, and administer it according to the rules of usufruct.
    http://avalon.law.yale.edu/19th_cent...ue02.asp#art55
    Modified=705925685F6DCB01EEhttp://avalon.law.yale.edu/19th_cent...25685F6DCB01EE
    Alright ... allow me to qualify. You have given a valid sense of estate. Allow me to expand and broaden the term a bit ...

    Estates and ownership interests defined

    The law recognizes different sorts of interests, called estates, in real property. The type of estate is generally determined by the language of the deed, lease, bill of sale, will, land grant, etc., through which the estate was acquired. Estates are distinguished by the varying property rights that vest in each, and that determine the duration and transferability of the various estates. A party enjoying an estate is called a "tenant."
    Common Law

    In English common law, the Crown has radical title or the allodium of all land in England, meaning that it is the ultimate "owner" of all land. However, the Crown can grant ownership in an abstract entity—called an estate in land—which is what is owned, rather than the land it represents. The fee simple estate is also called "estate in fee simple" or "fee-simple title" and sometimes simply freehold in England and Wales. From the start of the Norman period, when feudalism was introduced to England, the tenant or "holder" of a fief could not alienate it from the possession of his overlord, that is to say sell it, but instead could separate off a parcel of the land and grant it as a subordinate fief to his own sub-tenant, a process known as sub-enfeoffing or "subinfeudation". The 1290 Statute of Quia Emptores abolished subinfeudation and instead allowed the sale of fee simple estates.[1]
    An estate is a placeholder, a representative.

  7. #37
    Senior Member motla68's Avatar
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    Quote Originally Posted by David Merrill View Post
    It is helpful to study thermodynamic systems so that you can define the parameters in trust law. Otherwise the definitions and titles become ephereal.
    yes it is ephereal for one reason not being of the original law known as Providence.

  8. #38
    Senior Member motla68's Avatar
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    Quote Originally Posted by shikamaru View Post
    Alright ... allow me to qualify. You have given a valid sense of estate. Allow me to expand and broaden the term a bit ...

    An estate is a placeholder, a representative.
    You have made and excellent point here with the insertions, making further connection from this though once we return the name to the state voluntarily probate it then does all the holdings become estate? I am leaning towards the notion that "when the property is even registered in the state it is considered in Probate since most states are called Probate states?" If this is the case then since we have not done it yet and had planned to is return the BC name into the state so all accounting against it can be settled through the same type of probate.

  9. #39
    Quote Originally Posted by motla68 View Post
    You have made and excellent point here with the insertions, making further connection from this though once we return the name to the state voluntarily probate it then does all the holdings become estate? I am leaning towards the notion that "when the property is even registered in the state it is considered in Probate since most states are called Probate states?" If this is the case then since we have not done it yet and had planned to is return the BC name into the state so all accounting against it can be settled through the same type of probate.
    Two things:

    The concept of an estate existed in English Common Law with regard to land AND other forms of property such as an estate in land.

    The sociological concept of an estate existed in England and France i.e. The Three Estates, Ancien Regime, etc.

    Probate came into play during regulation of who would inherit land (heirs), how much, and by what means. Of course, the definitions and senses of the term estate have been modified, subverted, etc. over time.

  10. #40
    Senior Member motla68's Avatar
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    Quote Originally Posted by shikamaru View Post
    Two things:

    The concept of an estate existed in English Common Law with regard to land AND other forms of property such as an estate in land.

    The sociological concept of an estate existed in England and France i.e. The Three Estates, Ancien Regime, etc.

    Probate came into play during regulation of who would inherit land (heirs), how much, and by what means. Of course, the definitions and senses of the term estate have been modified, subverted, etc. over time.
    This is why I would like to get a couple private trusts established in which the equity can be deposited, also making sure there is no liens beforehand though of course.
    The receipts can be returned to treasury and everybody gets what they want.

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