The Constitution - An Estate in Trust for the Heirs of Freedom :

[Trust Guy]

motla,

We're dealing with the law and language of the time. Any application of law settled afterward would be auxiliary at best. The study was to establish the nature of the Constitution at the time. It is the foundation.

Let’s cover points needed to clarify use of the word “Posterity”.
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The importance of charitable trusts comes into play with our Express Constitutional Trust created by the Preamble. The Founding Fathers, being at effect of the English common law had to create something that would last and still be valid under the law of England.

A. A trust is charitable if it is made for a charitable purpose and the ultimate recipients constitute either the community as a whole or an indefinite portion thereof(36)

B. A charitable trust has similarly been defined as a gift in trust for the benefit of the public(37)

C. "A bequest is charitable if it is made for a charitable purpose, its aims and accomplishments are of religious, educational, political, or general social interests to mankind and the ultimate recipients constitute either the community as a whole or an unascertainable and indefinite portion thereof".(38)

The above definitions define and describe the trust established by the Constitutional Express Trust that should apply to us. However, Fourteenth Amendment citizens may be the "public" but they are not the "people", nor are they the posterity, nor are they the heirs or beneficiaries, they cannot receive the charitable benefits of the Express Trust. Why?

D. "Charity begins where certainty in beneficiaries ends, for it is the number and uncertainty of the objects, and not the mode of relieving them, which forms the essential element of a charity."(39)

[ Note : This is why the Heirs could not be named. Had they been named the element of certainty would be established ]

If this be the case, you may well re-read the above as...Charity ends where certainty of the beneficiaries begins. The Charitable purposes of the Preamble of the Constitution ENDS with the designation of the Fourteenth Amendment citizen.

E. "The following interests are not subject to the common law rule against perpetuities(40)

1. Present interests in possession

2. Charitable trusts

F. "The general rule that a gift for charitable purposes of permanent interest and benefit to the public may be perpetual in it duration and is not within the rule against perpetuities.(41)

G. "The general test of the nature of a trust as charitable is whether the accomplishment of the trust purpose is of a social interest to the community as to justify permitting property to be devoted to the purpose in PERPETUITY."(42)

If the Constitutional Trust was not a charitable trust it would be subject to the rule against perpetuities, which it is not.
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Footnotes :

36. . Estate of McKenzie, 227 Cal App 2d 167, 38 Cal Rptr 496; Ellert v Cogswell 113 Cal 129, 45 P 270.

37. . Estate of Schloss, 56 Cal 2d 248, 363 P2d 875; Re Estate of Sutro, 155 CAL 727, 102 P 920.

38. Estate of Henderson, 17 Cal 2d 853, 112 P2d 605; Estate of Mc Kenzie, infra.

39. Russell v Allen, 107 US 163, 2 S Ct 327; Beatty v Kurtz 27 US 566; Re Estate of Coleman, 167 Cal 212, 138 P 992.

40. : Survey of the Law of Property, Smith & Boyer Second Edition, Library of Congress Catalog Card No. 76-142383.

41. " 15 Am Jur 2d Charities '18.

42. Evans v Newton, 382 US 296, 15 L Ed 2d 373, 86 S Ct 486, on remand 221 Ga 870, 148 SE2d 329 (separate opinion).

[motla68]

motla,

We're dealing with the law and language of the time. Any application of law settled afterward would be auxiliary at best. The study was to establish the nature of the Constitution at the time. It is the foundation.

Let’s cover points needed to clarify use of the word “Posterity”.
-------------------------------------------------------------------------------

The importance of charitable trusts comes into play with our Express Constitutional Trust created by the Preamble. The Founding Fathers, being at effect of the English common law had to create something that would last and still be valid under the law of England.

A. A trust is charitable if it is made for a charitable purpose and the ultimate recipients constitute either the community as a whole or an indefinite portion thereof(36)

B. A charitable trust has similarly been defined as a gift in trust for the benefit of the public(37)

C. "A bequest is charitable if it is made for a charitable purpose, its aims and accomplishments are of religious, educational, political, or general social interests to mankind and the ultimate recipients constitute either the community as a whole or an unascertainable and indefinite portion thereof".(38)

The above definitions define and describe the trust established by the Constitutional Express Trust that should apply to us. However, Fourteenth Amendment citizens may be the "public" but they are not the "people", nor are they the posterity, nor are they the heirs or beneficiaries, they cannot receive the charitable benefits of the Express Trust. Why?

D. "Charity begins where certainty in beneficiaries ends, for it is the number and uncertainty of the objects, and not the mode of relieving them, which forms the essential element of a charity."(39)

[ Note : This is why the Heirs could not be named. Had they been named the element of certainty would be established ]

If this be the case, you may well re-read the above as...Charity ends where certainty of the beneficiaries begins. The Charitable purposes of the Preamble of the Constitution ENDS with the designation of the Fourteenth Amendment citizen.

E. "The following interests are not subject to the common law rule against perpetuities(40)

1. Present interests in possession

2. Charitable trusts

F. "The general rule that a gift for charitable purposes of permanent interest and benefit to the public may be perpetual in it duration and is not within the rule against perpetuities.(41)

G. "The general test of the nature of a trust as charitable is whether the accomplishment of the trust purpose is of a social interest to the community as to justify permitting property to be devoted to the purpose in PERPETUITY."(42)

If the Constitutional Trust was not a charitable trust it would be subject to the rule against perpetuities, which it is not.
__________________________________________________ ____

Footnotes :

36. . Estate of McKenzie, 227 Cal App 2d 167, 38 Cal Rptr 496; Ellert v Cogswell 113 Cal 129, 45 P 270.

37. . Estate of Schloss, 56 Cal 2d 248, 363 P2d 875; Re Estate of Sutro, 155 CAL 727, 102 P 920.

38. Estate of Henderson, 17 Cal 2d 853, 112 P2d 605; Estate of Mc Kenzie, infra.

39. Russell v Allen, 107 US 163, 2 S Ct 327; Beatty v Kurtz 27 US 566; Re Estate of Coleman, 167 Cal 212, 138 P 992.

40. : Survey of the Law of Property, Smith & Boyer Second Edition, Library of Congress Catalog Card No. 76-142383.

41. " 15 Am Jur 2d Charities '18.

42. Evans v Newton, 382 US 296, 15 L Ed 2d 373, 86 S Ct 486, on remand 221 Ga 870, 148 SE2d 329 (separate opinion).

Not charitable, it was a surrender:


Articles of Confederation
XIII.

Every State shall abide by the determination of the United States in Congress assembled, on all questions which by this confederation are submitted to them. And the Articles of this Confederation shall be inviolably observed by every State, and the Union shall be perpetual; nor shall any alteration at any time hereafter be made in any of them; unless such alteration be agreed to in a Congress of the United States, and be afterwards confirmed by the legislatures of every State.

What I did is try to track down these elusive terms of union and perpetual, the first thing found was this:

CONSOLIDATION, civil law. The union of the usufruct with the estate out of which it issues, in the same person which happens when the usufructuary acquires the estate, or vice versa. In either case the usufruct is extinct. In the common law this is called a merger. Ley. El. Dr. Rom. 424. U. S. Dig. tit. Actions, V.

There is that word that keeps popping up again, "usufruct" also used in the same sentence as the word union. So I had to go back to the time of Lincoln remembering that he also used the words perpetual and union and from past research in relation to usufruct. 2 very interesting things to note here:

1. The south and the north after the Civil War became one, what word is often used to describe this? Looking back on my previous search the word Consolidate also means to bring 2 entities together so the latter term use probably would mean Consolidated and the south did have to surrender, so seems to fit to me.

2. Another intent that Lincoln said was the intent to create a more perfect union, remembering what I read about usufruct, lets take a look:

usufruct;
3. Usufructs are of two kinds; perfect and imperfect. Perfect usufruct, which is of things which the usufructuary can enjoy without altering their substance, though their substance may be diminished or deteriorated naturally by time or by the use to which they are applied; as a house, a piece of land, animals, furniture and other movable effects. Imperfect or quasi usufruct, which is of things which would be useless to the usufructuary if be did not consume and expend them, or change the substance of them, as money, grain, liquors. Civ. Code of Louis. art. 525, et seq.; 1 Browne's Civ. Law, 184; Poth. Tr. du Douaire, n. 194; Ayl. Pand. 319; Poth. Pand. tom. 6, p. 91; Lecons El. du Dr. Civ. Rom. 414 Inst. lib. 2, t. 4; Dig. lib. 7, t. 1, 1. 1 Code, lib. 3, t. 33; 1 Bouv. Inst. Theolo. ps. 1, c. 1, art. 2, p. 76.

There is nothing really sweet about it, we have to engage a force out of necessity for our basic life. liberty and happiness. To act in the statutes of one entity waives your rights in another.

Well I do not know about you, but it seems to me that Lincoln would have saved us all a lot of aggravation if he would have just said: " a more perfect usufruct" , would you say?
Those who make a war like claim such as titles on a thing must inherit the suffrage of it's liabilities.