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

  1. #51
    Senior Member motla68's Avatar
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    Quote Originally Posted by Trust Guy View Post
    By simply standing upon and claiming the substance ( Original Jurisdiction ) of the document. Private Inheritance.

    In the few times I have engaged in Controversy, I do not answer, accept or admit to later interpretations, applications or implementations of the substantive nature of the original. It keeps things simple.

    US and State Statutes and Codes are "After the Fact". They are neither germane nor pertinent to the subject matter.
    I hear you there, but I think our interpretation of that is quite different. For you it seems it is the manifested value in a monetary sense, For me it is the actual paper and ink them words rest upon as something taken from the original gift given from the creator " the earth " to create, at least this is where I am headed from being in the conscience you appear to be in.

  2. #52
    Senior Member Trust Guy's Avatar
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    I am unable to establish a monetary value to my Inheritance, being absolute yet incorporeal. While some attempt to charge, or lien, a money value for individual time in dealing with “Authorities” , I do not.

    For me, their encroachment on my time or Right is in the nature of Trespass. There is no transfer in cash value or like kind involved. They Trespass and I charge / accuse against same. Should they continue in Trespass after written or verbal Notice, the circumstance becomes actionable. I’ve never had an “Authority” proceed beyond the Notice.

    Then again, I am blessed with a generally calm demeanor and assertiveness in such dealings. A soft answer turneth away wrath, and all that
    Not to be construed as Legal Advice, nor a recommended Course of Action. I will stand corrected.

  3. #53
    Senior Member motla68's Avatar
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    Quote Originally Posted by Trust Guy View Post
    I am unable to establish a monetary value to my Inheritance, being absolute yet incorporeal. While some attempt to charge, or lien, a money value for individual time in dealing with “Authorities” , I do not.

    For me, their encroachment on my time or Right is in the nature of Trespass. There is no transfer in cash value or like kind involved. They Trespass and I charge / accuse against same. Should they continue in Trespass after written or verbal Notice, the circumstance becomes actionable. I’ve never had an “Authority” proceed beyond the Notice.

    Then again, I am blessed with a generally calm demeanor and assertiveness in such dealings. A soft answer turneth away wrath, and all that
    Thank you for the clarification, I never used the word incorporeal to describe ones self, I try to stay away from saying I am " not " such as using incorporeal as this is making a claim upon something that Is only by way of proxy through the creator of the universe.
    Also am the same way with authorities, the rookie cops though chalk up my calm demeanour as being on drugs or other intoxication it seems until supervisor is called in to correct the mistake.
    In all though no, when the chips are down and it comes to that climatical moment they have backed down every time. The last time communicating with a peace officer it was a situation where someone hit me and the officer was literally asking me permission to write a ticket for expired inspection and registration so that the computer would release the information to her insurance company so that she could get her car fixed. I took the peaceful inhabitant route and let him do it because i knew it was easily reversible charges with the clerk of court.

    I think it is coming clearer now that you are actually separating yourself from that system, but for the benefit of the forum attempting to explain your interpretation of how the system works? seems we are mostly within the same conscience in actions.

    Bless you brother.

  4. #54
    Senior Member Trust Guy's Avatar
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    Considerable further reading from one of the under appreciated American Political Philosophers.

    "It is only by considering the granted powers, in their true character of trust or delegated powers, that all the various parts of our complicated system of government can be harmonized and explained".- John C. Calhoun, ( 7th Vice President of the United States )
    A Discourse on the Constitution and Government of the United States


    A Disquisition on Government

    John C. Calhoun an Introduction
    Not to be construed as Legal Advice, nor a recommended Course of Action. I will stand corrected.

  5. #55
    Quote Originally Posted by Trust Guy View Post
    Considerable further reading from one of the under appreciated American Political Philosophers.

    "It is only by considering the granted powers, in their true character of trust or delegated powers, that all the various parts of our complicated system of government can be harmonized and explained".- John C. Calhoun, ( 7th Vice President of the United States )
    A Discourse on the Constitution and Government of the United States


    A Disquisition on Government

    John C. Calhoun an Introduction
    Wow .... powerful stuff, neighbor
    Thanks for that.

  6. #56
    Senior Member Trust Guy's Avatar
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    You’re quite welcome Friend.

    Wish We’d have had access to this work way back when. Could have made things easier to figure out. One thing I know for sure, politicians and “administrators” blanch when being addressed on the subject.
    Not to be construed as Legal Advice, nor a recommended Course of Action. I will stand corrected.

  7. #57
    Senior Member Trust Guy's Avatar
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    Quote Originally Posted by motla68 View Post
    I never used the word incorporeal to describe ones self, * * *
    Let’s separate terms a little more.

    Corporeal = Tangible, Incorporeal = Intangible, however there is a difference in application.

    I am corporeal, flesh and blood and bone. I was first taught the distinction when accompanying a senior Compatriot as witness in filing of a Suit. He determined to Quiet Title his Corporeal Hereditaments. It took a bit of doing as the Clerk refused to accept the paperwork. The Clerk finally called the County Attorney for help in figuring out how to explain the papers were un-fileable.

    The Atty. came in and looked over the Petition. He said “WHAT! You want to Quiet Title your BODY!!!”

    My Compatriot says “Yes, I need to determine any superior Title or Right to my own Claim”. Atty. said “OK, file it”. Case ended with "failure to state a claim" and all that.

    Point of the story, the terms ( In ) / Corporeal go originally to matters pertaining to people. ( In ) / Tangible to things.
    ---------------------------------------
    hereditament

    Anything that can be passed by an individual to heirs.

    There are two types of hereditaments: corporeal and incorporeal.

    A corporeal hereditament is a permanent tangible object that can be seen and handled and is confined to the land. Materials, such as coal, timber, stone, or a house are common examples of this type of hereditament.

    An incorporeal hereditament is an intangible right, which is not visible but is derived from real or Personal Property. An Easement is a classic example of this type of hereditament, since it is the right of one individual to use another's property and can be inherited.

    hereditament n. any kind of property which can be inherited. This is old-fashioned language still found in some wills and deeds.

    ( Note : old-fashioned does not mean outdated or ineffective. Just trying to ridicule through sophistry to me.
    --------------------------------------------

    Hereditament

    In law, a hereditament (from Lat. hereditare, to inherit, heres, heir) is any kind of property that can be inherited.

    Hereditaments are divided into corporeal and incorporeal. Corporeal hereditaments are "such as affect the senses, and may be seen and handled by the body; incorporeal are not the subject of sensation, can neither be seen nor handled, are creatures of the mind, and exist only in contemplation" (Blackstone, Commentaries). An example of a corporeal hereditament is land held in freehold.

    Examples of incorporeal hereditaments are: hereditary titles of honor or dignity, heritable titles of office, coats of arms, Prescriptive Barony, rights of way, tithes, advowsons, pensions, annuities, rents, franchises, etc. The term is still used in the phrase "lands, tenements and hereditaments" to describe property in land, as distinguished from goods and chattels or movable property.
    ----------------------------------------------

    Hope this helps to clarify and sharpen the points presented.

    Peace, TG
    Not to be construed as Legal Advice, nor a recommended Course of Action. I will stand corrected.

  8. #58
    Senior Member Trust Guy's Avatar
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    Now, let’s get into some meet. Where the rubber meets the road, that is.

    I expect this is why IRS and Motor Vehicle Departments have fallen away in their demands. Just ask the right question ( acting under Office of Trust or Profit ) and suggest / charge Breach and Conversion.
    --------------------------------------------------------------------------------

    Breach of Trust n. : - 1) any act which is in violation of the duties or a trustee or of the terms of a trust. Such a breach need not be intentional or with malice, but can be due to negligence. 2) breaking a promise or confidence.

    The Trustees have breached the Trust and their duties for profit for themselves at your expense.

    A Breach of Trust of Duty by a Trustee is a violation of Correlative Right of the Cestui Que Trust, and gives rise to a liability on the part of the Trustee and a correlative cause of action, on the part of the Beneficiary for any loss to the Trust Estate. The rule is applicable in respect to both positive acts and omissions or negligence constituting a Breach of Duty by the Trustee. (26)

    A Trustee liability for Breach of Trust is Personal in character ( there goes their immunity ) with all the consequences and incidents of personal liability and is enforceable against his estate.

    A Trustee breaching his duty comes within the maxim that "equity will not aid one who comes into court with unclean hands. (it's about time)

    When the Trustees have made acts of omission, the Beneficiary can question the Propriety of the Trustees. The Beneficiary had to have had, full disclosure, full knowledge of all the material facts and circumstances. A Beneficiary must have had knowledge of and understood their RIGHTS. (27)

    And the Beneficiary is UNDER NO OBLIGATION TO SEARCH PUBLIC RECORDS. (28)

    The old adage that you "knew or should have known" will just not work in the case of the Trust. How could you have known when there were acts of omission, non-disclosure, lack of understanding of your Rights, and when everything you were told was done so in order to mislead and deceive you and coerce you into giving up your Beneficial Interest in the Trust. On the other hand ignorance of the Law is NO excuse for a Fourteenth Amendment citizen.

    "Enforcement of a Constructive Trust (codicil trust) in favor or those named in a Will which Testator was prevented by fraud, duress or undue influence from executing, against those who have thus obtained decedents property, does not annul the Decedents Estate Law, The Statute of Fraud or the provisions of the Statute of Wills as to the mode in which a testamentary disposition (29) must be effected."
    __________________________________________________ __
    Footnotes :

    26. 76 American Jurisprudence 2d Trusts

    27. 76 American Jurisprudence 2d Trusts

    28. McAllister v McAllister 120 NJ Eq 407, 184 A 723, affd 121 NJ Eq 264, 190 A 52 afd 121 NJ Eq 249, 190 A 53. The Beneficiary is presumed to be reposed in innocence as in contradistinction to a citizen abiding in ignorance.

    29. American Jurisprudence - Wills
    Not to be construed as Legal Advice, nor a recommended Course of Action. I will stand corrected.

  9. #59
    Senior Member motla68's Avatar
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    Quote Originally Posted by Trust Guy View Post
    Considerable further reading from one of the under appreciated American Political Philosophers.

    "It is only by considering the granted powers, in their true character of trust or delegated powers, that all the various parts of our complicated system of government can be harmonized and explained".- John C. Calhoun, ( 7th Vice President of the United States )
    A Discourse on the Constitution and Government of the United States


    A Disquisition on Government

    John C. Calhoun an Introduction
    Thanks, I like the quote and the article linked right below it. Shows the land my camp is on known as North Carolina was dragged into it kickin, protesting and spittin about it.

  10. #60
    Senior Member Michael Joseph's Avatar
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    Quote Originally Posted by Trust Guy View Post
    Now, let’s get into some meet. Where the rubber meets the road, that is.

    I expect this is why IRS and Motor Vehicle Departments have fallen away in their demands. Just ask the right question ( acting under Office of Trust or Profit ) and suggest / charge Breach and Conversion.
    --------------------------------------------------------------------------------

    Breach of Trust n. : - 1) any act which is in violation of the duties or a trustee or of the terms of a trust. Such a breach need not be intentional or with malice, but can be due to negligence. 2) breaking a promise or confidence.

    The Trustees have breached the Trust and their duties for profit for themselves at your expense.

    A Breach of Trust of Duty by a Trustee is a violation of Correlative Right of the Cestui Que Trust, and gives rise to a liability on the part of the Trustee and a correlative cause of action, on the part of the Beneficiary for any loss to the Trust Estate. The rule is applicable in respect to both positive acts and omissions or negligence constituting a Breach of Duty by the Trustee. (26)

    A Trustee liability for Breach of Trust is Personal in character ( there goes their immunity ) with all the consequences and incidents of personal liability and is enforceable against his estate.

    A Trustee breaching his duty comes within the maxim that "equity will not aid one who comes into court with unclean hands. (it's about time)

    When the Trustees have made acts of omission, the Beneficiary can question the Propriety of the Trustees. The Beneficiary had to have had, full disclosure, full knowledge of all the material facts and circumstances. A Beneficiary must have had knowledge of and understood their RIGHTS. (27)

    And the Beneficiary is UNDER NO OBLIGATION TO SEARCH PUBLIC RECORDS. (28)

    The old adage that you "knew or should have known" will just not work in the case of the Trust. How could you have known when there were acts of omission, non-disclosure, lack of understanding of your Rights, and when everything you were told was done so in order to mislead and deceive you and coerce you into giving up your Beneficial Interest in the Trust. On the other hand ignorance of the Law is NO excuse for a Fourteenth Amendment citizen.

    "Enforcement of a Constructive Trust (codicil trust) in favor or those named in a Will which Testator was prevented by fraud, duress or undue influence from executing, against those who have thus obtained decedents property, does not annul the Decedents Estate Law, The Statute of Fraud or the provisions of the Statute of Wills as to the mode in which a testamentary disposition (29) must be effected."
    __________________________________________________ __
    Footnotes :

    26. 76 American Jurisprudence 2d Trusts

    27. 76 American Jurisprudence 2d Trusts

    28. McAllister v McAllister 120 NJ Eq 407, 184 A 723, affd 121 NJ Eq 264, 190 A 52 afd 121 NJ Eq 249, 190 A 53. The Beneficiary is presumed to be reposed in innocence as in contradistinction to a citizen abiding in ignorance.

    29. American Jurisprudence - Wills
    or, just offer a benefit upon the trustee....how may i help you.
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