Quote Originally Posted by Michael Joseph View Post
The DL is property of the State. State as Grantor and poor ignorant soul, as Trustee for LEGAL DUMMY.

In the end just as Bob Dylan sang "you got to serve somebody, and it may be the Devil [world] or it may be the Lord [Yehovah] but you are gonna have to serve somebody."

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Therefore "your DL" is somewhat of a misnomer. Said DL is being Held in Possession by a Trustee. Therefore said DL is Never mine only it is a Grant of Privilege.


But you already know these things.

Shalom,
mj
I have to revise this post in light of more recent comprehension of the term UNDERTAKING. The Statute creates the liability and thus the consideration for contract to the Public Trust. Therefore in application for license one Undertakes FBO himself of whom he/she is a member of the Public Trust. Therefore one Undertakes in quasi-contract.

Immediately the mind will say but where is the value? Or, where is the consideration? The value is keeping the peace for yourself and others in society.

So in fact, I think I am wrong to say the holder of license is trustee. Rather, license holder undertakes in contract. Therefore if license holder does not obey the bylaws which govern the license, then those who have the power to administrate said license may decide to revoke the license. In effect, one who does not keep the bylaws [obey] does not keep one's word, thus the Tort is against the Trustee who issued the license.

"Those who, though not appointed trustees, take on themselves to act as such and to possess and administer trust property for the beneficiaries, such as trustees de son tort. Distinguishing features ... are (a) they do not claim to act in their own right but for the beneficiaries, and (b) their assumption to act is not of itself a ground of liability ... and still there is status as trustees precedes the occurrence which may be the subject of claim against them."

" To be liable as trustees de son tort, strangers to the trust must commit a breach of trust while acting as trustees. Such persons are not appointed trustees but take on themselves to act as such and to possess and administer trust property."

In a sense, once the licensee disobeys the bylaws which govern said license, then he/she should immediately make the livery of the legal title to said license to the de-jure trustee OR he/she should discharge any charge which issues upon said licensee.

A constructive trust does not arise because of the expressed intent of a settlor/creator, one who establishes a trust. It is created by a court whenever title to property is held by a person who, in fairness, should not be permitted to retain it. It is frequently based on disloyalty or other breach of trust by an express trustee (the person appointed or required by law to execute a trust), and it is also created where no express trust is created but property is obtained or retained by other Unconscionable conduct. The court employs the constructive trust as a remedial device to compel the defendant to convey title to the property to the plaintiff. It treats the defendant as if he or she had been an express trustee from the date of the unlawful holding of the property in question. A constructive trust is not a trust, in the true meaning of the word, in which the trustee is to have duties of administration enduring for a substantial period of time, but rather it is a passive, temporary arrangement, in which the trustee's sole duty is to transfer the title and possession to the beneficiary.