Constructive trust

[David Merrill]

This Topic is going to become amazing I have no doubt. Especially with some of the strategists and engineers who will become interested, who have studied trust law and understand systems like classical thermodynamics because the titles associated with and built around trusts, so that we can talk about them, can be as fluid as an undefined system, or set as we form the parameters of the trust. There are different kinds of trusts but I like redacting for simplification to express, constructive and resulting trusts.

One very interesting item to bring to light is a Circuit Court comment:

That is one of the most revealing comments I have encountered about the ALL UPPER CASE convention.



Regards,

David Merrill.

[Michael Joseph]

please notice that LEGAL M. NAME is most times capitalized when dealing with matters concerning the Federal Reserve Districts or matters concerning the Courts. Notice that all express trusts are capitalized. The term Legal goes to who holds the Titles. The Legal Title is in the Trustee; the equitable Title is in the cestui que trust or beneficiary.

Notice that the STATE OF "NAME" is always capitalized. It is a constructive trust. A noun. I know it can be confusing as trust can also be a verb in terms of "I trust in you"; yet also a noun as in "NAME OF TRUST COMPANY".

please consider that prior to formation of trust most times a survey on a "Form of Matter" or "Form of Thought" is made. For an example see Genesis 1 and Genesis 2. The Original Survey and therefore the Divine is with the Highest Claim as the Created cannot be greater than the Creator. Now consider that the Land belongs to the Creator.

The Land belongs to the Creator. As such prior to the formation of the State a Survey of the Form of Matter, in this case, the Land, is made. Boundaries are established based on a convenient Cartesian coordinate system, Lat/Long or Spherical or Polar coordinate systems - depends on Surveyor. Yet comprehend that a Survey is made FIRST. Then a Claim is made upon that Survey. Notice that the Survey is NOT the Land. It is a Survey OF the Land.

Now think of a survey as an overlay - remember the biology books of old? The skeleton is overlayed by a liver and before you know it the organs and the body form a picture with each successive overlay. So it is with the State and the Districts of the State. These are just Overlays. In engineering terms, I like to think of the overlays each having a different Z coordinate [elevation] over the land. Therefore there may be many States occupying the Land, yet they all share the same Land and yet their jurisdictions are concurrent over the Land.

Now remember the meaning of the term Legal? The Trustee manages the Property. But what is Property within a Trust? It is the "Right of Use". Therefore the trustee manages the Right of Use or manages the property. And the cestui que trust or beneficiary has the Right of Use or said another way Uses the Property.

Who do you think manages the LEGAL M. NAME? Who gave its issue?

[Trust Guy]

My Notes on Constructive Trusts:

A. A constructive trust generally involves primarily a presence of fraud, in view of which equitable title or interest should be recognized in some person other than the taker or holder of the legal title.

B. A constructive trust is entirely independent of any actual or presumed intention of the parties and is frequently imposed against the intention of the trustee.

C. "Otherwise known as a trust ex maleficio, a trust ex delicto, a trust de son tort, an involuntary trust, or an implied trust is a trust by operation of law which arises contrary to the intention and in invitum against one who, by fraud, actual or constructive by duress or abuse of confidence by commission of wrong, or by any form of unconscionable conduct, artifice, concealment or questionable means, or who in any way against equity and good conscience, either has obtained or holds the legal right to property which he ought not in equity and good conscience, hold and enjoy".(48)

(48. Am Jur 2d, Trusts '221; Loomis v Loomis 148 Cal 149, 82 P 679; Central Stock & Grain Exch. v Bendinger 109 F 926 cert den 183 US 699, 46 L Ed 396, 22 S Ct 935; Des Moines Terminal Co. v Des Moines U.R. Co. 52 F 2d 616, cert den 285 US 537, 76 L Ed 930, 52 S Ct 311; St Louis & S.F.R.Co. v Spiller 274 US 304, 71 L Ed 1060, 47 S Ct 635; Angel v Chicago, S.P.M & O. R. Co. 151 US 1, 38 L Ed 55, 14 S Ct 240; Monroe Cattle Co. v Becker 147 US 47, 37 L Ed 72, 13 S Ct 217; Felix v Patrick 145 US 317, 36 L Ed 719, 12 S Ct 862; and more.)

D. "A constructive Trust arises only after an act of Fraud or Breach of Confidence or duty and as a relief against the same, it is in substance a state of secondary rights and liabilities growing out of a violation of a primary right and liability hence a constructive trust frequently is classified as a division of adjectival rather than SUBSTANTIVE LAW; and it is said that ground for relief is fraud and not trust.(49)

(49. " 76 Am Jur 2d Trusts, '222.)

Accordingly the 14th Amendment having been created under fraud, established a system that allowed U.S. Citizens to acquire title to property that rightfully they should not hold, and a constructive trust literally turns Tom, Dick, Harry and you into trustees.

E. "A constructive trust is the formula through which the conscience of equity finds expression, and when property has been acquired in such circumstances that the holder of the legal title may not in good conscience retain the Beneficial interest, equity converts him into a trustee".(50)

(50. Beatty v Guggenheim Exploration Co. 225 NY 380, 122 NE 378.)

You retain the "beneficial interest" in property Rightfully belonging the Posterity of the Express Trust; therefore you can be converted into a trustee. After all haven't you ever felt that you were the public servant not the IRS agent cornering you. All those government agencies are out to make sure that you, as a quasi trustee are not unjustly enriched. I think they are doing an excellent Job of that.

[Michael Joseph]

My Notes on Constructive Trusts:

A. A constructive trust generally involves primarily a presence of fraud, in view of which equitable title or interest should be recognized in some person other than the taker or holder of the legal title.

B. A constructive trust is entirely independent of any actual or presumed intention of the parties and is frequently imposed against the intention of the trustee.

C. "Otherwise known as a trust ex maleficio, a trust ex delicto, a trust de son tort, an involuntary trust, or an implied trust is a trust by operation of law which arises contrary to the intention and in invitum against one who, by fraud, actual or constructive by duress or abuse of confidence by commission of wrong, or by any form of unconscionable conduct, artifice, concealment or questionable means, or who in any way against equity and good conscience, either has obtained or holds the legal right to property which he ought not in equity and good conscience, hold and enjoy".(48)

(48. Am Jur 2d, Trusts '221; Loomis v Loomis 148 Cal 149, 82 P 679; Central Stock & Grain Exch. v Bendinger 109 F 926 cert den 183 US 699, 46 L Ed 396, 22 S Ct 935; Des Moines Terminal Co. v Des Moines U.R. Co. 52 F 2d 616, cert den 285 US 537, 76 L Ed 930, 52 S Ct 311; St Louis & S.F.R.Co. v Spiller 274 US 304, 71 L Ed 1060, 47 S Ct 635; Angel v Chicago, S.P.M & O. R. Co. 151 US 1, 38 L Ed 55, 14 S Ct 240; Monroe Cattle Co. v Becker 147 US 47, 37 L Ed 72, 13 S Ct 217; Felix v Patrick 145 US 317, 36 L Ed 719, 12 S Ct 862; and more.)

D. "A constructive Trust arises only after an act of Fraud or Breach of Confidence or duty and as a relief against the same, it is in substance a state of secondary rights and liabilities growing out of a violation of a primary right and liability hence a constructive trust frequently is classified as a division of adjectival rather than SUBSTANTIVE LAW; and it is said that ground for relief is fraud and not trust.(49)

(49. " 76 Am Jur 2d Trusts, '222.)

Accordingly the 14th Amendment having been created under fraud, established a system that allowed U.S. Citizens to acquire title to property that rightfully they should not hold, and a constructive trust literally turns Tom, Dick, Harry and you into trustees.

E. "A constructive trust is the formula through which the conscience of equity finds expression, and when property has been acquired in such circumstances that the holder of the legal title may not in good conscience retain the Beneficial interest, equity converts him into a trustee".(50)

(50. Beatty v Guggenheim Exploration Co. 225 NY 380, 122 NE 378.)

You retain the "beneficial interest" in property Rightfully belonging the Posterity of the Express Trust; therefore you can be converted into a trustee. After all haven't you ever felt that you were the public servant not the IRS agent cornering you. All those government agencies are out to make sure that you, as a quasi trustee are not unjustly enriched. I think they are doing an excellent Job of that.

very good - this in from Wikipedia:

Constructive trustees

When non-trustees interfere with the workings of an express trust to such an extent as to harm it, they can be deemed to be "constructive trustees", or trustees de son tort. In Mara v Browne, Smith LJ stated that "if one, not being a trustee and not having authority from a trustee, takes upon himself to intermeddle with trust matters or to do acts characteristic of the office of trustee, he may therefore make himself what is called in law trustee of his own wrong - ie, a trustee de son tort, or, as it is also termed, a constructive trustee". For someone to be made a constructive trustee, they must have had the property in their possession or control before the application, and have acted in a dishonest or reckless way. If found liable, the constructive trust will be held to account personally to repay any loss suffered by the trust fund, and will be responsible for maintaining that trust property in his possession.

Who can argue against the fact that the fifty STATES are all Express Trusts? As any State is.

[shikamaru]

What right does any trust have to take land from people already on it and peaceably enjoying such?
What right does any trust have to take property i.e. labor without consent of the laborer?

Would not the property be ill gotten goods?
In an equity scenario, would not the hands be unclean?

[Trust Guy]

Thanks MJ,

A few more goodies to add to the mix.

[Trust Guy]

What right does any trust have to take land from people already on it and peaceably enjoying such?
What right does any trust have to take property i.e. labor without consent of the laborer?

Would not the property be ill gotten goods?
In an equity scenario, would not the hands be unclean?

That's where the element of Fraud comes in Neighbor. Also Unjust Enrichment.

[Michael Joseph]

What right does any trust have to take land from people already on it and peaceably enjoying such?
What right does any trust have to take property i.e. labor without consent of the laborer?

Would not the property be ill gotten goods?
In an equity scenario, would not the hands be unclean?

one who is endorsing a foreign trust - the Federal Reserve System - is in this authors opinion - an enemy of the US and the 1861 Confiscation Act rules.

12 Stat at large 348.pdf

12 Stat at large 257.pdf

[shikamaru]

You guys should write a treatise on trusts .

[motla68]

That's where the element of Fraud comes in Neighbor. Also Unjust Enrichment.

Consider not a fraud, but a mistake that we made not knowing any better that can be corrected at any time. The fraud comes in though when mistake is corrected and the accounts are not settled honorably, that in which is unjust enrichment. This is malfeasance of office and this holds criminal liabilities for trustees in Title 18.