Originally Posted by
shikamaru
Would the USE be vested in the trustee or the beneficiary or it depends based on forum of adjudication (Common Law vs. Equity)?
The term USE also refers to purpose.
It is like this: the Trustee Undertakes by paying a Grantor and the the Grantor performs by transferring the estate or a portion thereof to the Trustee - this forms the contract whereupon is the basis of Trust. Now then the Use is made in the Trustee for the benefit of another. We have not yet described the other yet have we.
Sometimes and in fact most times, the Grantor can make an Irrevocable Grant [absent strings attached] and then said man in the office of Grantor then takes the office of Beneficiary. Therefore the USE is made IN TRUST by TRUST AGREEMENT in the Trustee for the Beneficiary.
And then sometimes the Grant is NOT irrevocable whereby the Grantor may revoke the Grant or portion thereof for cause - depending on the TRUST AGREEMENT. Of course the Trustee may receive the Grant with or without consideration for Trustee Services.
Sort of Like The following:
THIS AGREEMENT, CONVEYANCE and ACCEPTANCE is made and entered onto at the time and on the date appearing in the acknowledgement attached hereto and made a part hereof as though fully set forth herein, by and between, Name of Grantor, Settlor and Creator, who drafted this EXPRESS TRUST as THE GRANTOR, SETTLOR AND CREATOR HEREOF, hereinafter “Creator” or “CREATOR”, and Name of First Trustee, ACCEPTOR and FIRST TRUSTEE hereof in joint tenancy who shall initially compose THE BOARD OF TRUSTEES for conducting said business.
THE CREATOR hereby constitutes and appoints the above-designated TRUSTEE (S) to be, in fact, TRUSTEE (S) of the TRUST hereby created and established. THE CREATOR for and in consideration of the objects and purposes herein set forth, the sum of Consideration in hand paid and other considerations of value, the receipt of which is hereby acknowledged, hereby agrees to arrange for exchange, conveyance or an assignment to be delivered to said TRUSTEE (S), IN TRUST – said TRUSTEE (S), and his or her successor’s in office, are to hold legal title in joint tenancy and not as tenants in common, to collectively act by virtue of this covenant as BOARD OF TRUSTEES under the name thereunder, dealing in equities, formulae, entities, patents, copyrights, business goodwill, or other Business desired to be engaged in by said TRUSTEE(S).
This declaration of a TRUST ORGANIZATION
Authorizes its TRUSTEE (S) to Operate Under
The Name of
NAME OF TRUST
PREAMBLE
All parties to this Contract are of lawful age to act and are mentally capable to Contract. All parties further acknowledge that they fully understand the obligations this Contract encompasses and imposes upon them and by their signature and seal do hereby accept their respective positions in this Contract creating this Trust.
-----------
1. First there exists a contract and an exchange of consideration for said contract.
2. The Trustee pays for the Privilege to UNDERTAKE.
3. The Grantor Grants the Estate to the Trustee to hold in Trust FBO another.
4. The Trustee receives the Estate.
That in equal exchange for the conveyances ascribed in this Agreement, the Trustees shall issue to the Grantor(s) named herein one-hundred (100) Units of Beneficial Interest. These Units are non-transferable. The Trustee(s), on written order of the Grantor, shall transfer the future right to receive distribution of said 100 Units of Beneficial Interest to, and among, the designated Beneficiaries, if any, by cancelling the original written order of the Grantor(s) and issuing new Certificates of Beneficial Interest. The right of distribution of the Beneficial Interest is personal property of the holder and all rights of that personal property are possessed by the holder of the Certificate of Benefficial Interest.
-----------
Questions:
What did the Trustee give to the Grantor for Consideration of the Estate?
What did the Grantor grant?
If I issue an original to another, can you now see that I am in office of Grantor and the other is in office of Trust, if accepted, as Trustee? See now a confidence reposed in another? Else why would I issue anything to another?
-----------------------------------------
Equity begs a kingdom. An Estate. For the question begging to be answered is: Equity as measured by what? In what?
shalom,
mj
P.S. Those who will not labor to know what the terms they USE mean are as children being tossed to and fro by what they do not know. Hosea 4:6. Notice in the following said TERMS are codified referencing some PRECEDENT. However, any student of Scripture knows that said Precedent is unnecessary as I can know each and every term just by Quoting Scripture verse by verse. However, I have cut/paste from what most people trust in - Precedent - by the way to there great shame - so that my presentment is more easily comprehended.
So that one may know the TERMS:
UNDERTAKING, contracts. An engagement by one of the parties to a contract to the other, and not the mutual engagement of the parties to each other; a promise. 5 East, R. 17; 2 Leon. 224, 5; 4 B, & A. 595.
UNDERTOOK. Assumed; promised.
USE, estates. A confidence reposed in another, who was made tenant of the land or terre tenant, that he should dispose of the land according to the intention of the cestui que use, or him to whose use it was granted, and suffer [allow] him to take the profits. Plowd. 352; Gilb. on Uses, 1; Bac. Tr. 150, 306; Cornish on Uses, 1 3; 1 Fonb. Eq. 363; 2 Id. 7; Sanders on Uses, 2; Co. Litt. 272, b; 1 Co. 121; 2 Bl. Com. 328; 2 Bouv. Inst. n. 1885, et seq.
2. In order to create a use, there must always be a good Consideration; though, when once raised, it [the USE] may be passed by grant to a stranger, without consideration. Doct. & Stu. , Dial. ch. 22, 23; Rob. Fr. Conv. 87, n.
Notice. in USE, it is the CESTUI QUE USE who gives the orders. Notice to create the Use there MUST be Good Consideration. Said Consideration may be the allowance in the Trustee to take [TAKE is an interesting TERM] the profits [personal property = derivative of the estate].
TAKE. This is a technical expression which signifies to be entitled to; as, a devisee will take under the will. To take also signifies to seize, as to take and carry away.
Question: Entitled by whom? The answer lies above in Use.
-------------------------------
Consider a possibility of Two Trust formations within the NAME of INHERITANCE = Surname. Does not the Male Son in inherit in his Father's Name? Specifically, the wife does not keep her Father's Name but assumes her Husband's name. Therefore the inheritance is in the Father's Name. It is the Father who Granted the Certificate of Live Birth. It was the Father, overshadowing the Son who ALLOWED the Son's fingerprints/footprints and perhaps blood sample, to be placed upon said Certificate.
To whom was said Certificate made the LIVERY upon? Was it not an OFFICE OF STATE? Is the office of Doctor Alien to the State? What then of the Heir? Where is the Heir? The Estate has been transferred into Trust for the benefit of the Heir! So again, where is the Heir? The State has EVERY right to hear any matter concerning the NAME of INHERITANCE as the State has the Legal Title. But the Heir has the Equitable Title! So again, for the third time, where is the Heir? Is the Heir DEAD? Is this not a valid presumption? Else, where is the Heir?
Now a Certificate of Beneficial Interest issues from the Trustee back upon the Grantor [Birth Certificate].
Why would the Heir UNDERTAKE by USING said Certificate of Beneficial Interest as an ID to obtain Driver's License, SSN, etc? See now a man Undertaking for the Grantor [State]? Tell me again, gainsayers: Who issues the Driver's License? Is it not the State, as Grantor? Then, who then is the Trustee?
In the former scenario, the State as Trustee, with the Legal Title and the man, as Administrator/Beneficiary with the Equitable Title.
In the latter scenario, the man as Trustee with the Legal Title [SUBJECT to EVERY statute made within the Trust Bylaws] and the Administration/Beneficiary in the State.
Maybe now you better comprehend why the Attorneys speak of TAXPAYER ENTITLEMENTS.
-------------------------------
This is the Technology of Balaam - Numbers 24-26. Israel must VOLUNTARILY bring a curse upon himself.
If you think me wrong, then show me why in LOGIC.
Reply With Quote
.
