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Thread: Judge Allan Davis called it a "strange, strange situation,"

  1. #1

    Judge Allan Davis called it a "strange, strange situation,"

    Name:  An Ohio man couldn't convince the court to overturn his legal death ruling.jpg
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    An Ohio man couldn't convince the court to overturn his legal death ruling (AFP)


    Success Stories. As a result, Miller has lost his Social Security number and his driver’s license. http://news.yahoo.com/blogs/sideshow...201043615.html

    Epilog

    Louisiana Law Review says
    The number of these "living dead" in the United States has been estimated at between 60,000 and 100,000. They create a morass of legal problems. Questions may arise concerning the security of transactions with the missing person's estate, such as the disposition of his land, the right to proceeds of insurance policies on his life and pensions, the right to a cause of action, the necessity of providing for his dependents, the marital status of his spouse, the paternity and legitimacy of children of his spouse's second marriage, the conservation of his property from possible waste, the devolution of succession rights that would pass to him, the release of property from a life tenancy, the requirement of his consent to certain transactions, the merchantability of land titles from his estate, and claims of inheritance from him.

    Nick says. I've got a very simple resolution to this guys problem! All he needs to do is go out and find a job, then fail to pay his taxes on account of him being dead. I guarantee the IRS will find a fix to his problem right away!
    Last edited by Chex; 10-10-13 at 12:16 PM. Reason: "My client's here on a wing and a prayer today,"

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    I wonder how that interacts with cestui que vie trust transactions?

  3. #3
    Quote Originally Posted by David Merrill View Post
    I wonder how that interacts with cestui que vie trust transactions?
    Since they don’t know where he has been where would he take his complaint?
    http://lawreview.law.lsu.edu/2013/03...ment/#_ftnref8

    and if a judge ruled against him would he be able to explain cestui que vie trust transactions to a jury? http://www.onelbriefs.com/outlines/c...risdiction.htm

    The great value of the trial by jury certainly consists in its fairness and impartiality. Those who most prize the institution, prize it because it furnishes a tribunal which may be expected to be uninfluenced by undue bias of the mind. I have always conceived, and still conceive, an impartial jury as required by the common law, and as secured by the constitution, must be composed of men who will fairly hear the testimony which may be offered to them, and bring in their verdict according to that testimony, and according to the law arising on it. http://lawreview.law.lsu.edu/2011/04...-and-practice/ 7

    Or maybe a Collateral Receipt would be an obligation issued by an organization such as a registered clearing corporation which would represent ownership in a pool of collateral that is priced and maintained by that organization he can provide proof of………..
    http://www.freshpatents.com/-dt20090...0090192946.php
    Last edited by Chex; 10-11-13 at 02:32 PM.

  4. #4
    Quote Originally Posted by Chex View Post
    Name:  An Ohio man couldn't convince the court to overturn his legal death ruling.jpg
Views: 742
Size:  55.6 KB

    An Ohio man couldn't convince the court to overturn his legal death ruling (AFP)


    Success Stories. As a result, Miller has lost his Social Security number and his driver’s license.
    Excellent! It appears this man now has a defense to any charges against the NAME.

    e.g. Anything "traffic" related... "Your honor, the DEFENDANT is dead." Case dismissed.

  5. #5
    Quote Originally Posted by Jethro View Post
    Excellent! It appears this man now has a defense to any charges against the NAME.

    e.g. Anything "traffic" related... "Your honor, the DEFENDANT is dead." Case dismissed.
    As long as he doesn't go and actually get another license, etc.

  6. #6
    Quote Originally Posted by Jethro View Post
    Excellent! It appears this man now has a defense to any charges against the NAME.

    e.g. Anything "traffic" related... "Your honor, the DEFENDANT is dead." Case dismissed.


    That's so true

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