Express trust

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  • David Merrill
    Administrator
    • Mar 2011
    • 5947

    #1

    Express trust

    An express trust is one in writing typically. That is the plain English meaning of express. Whereas a constructive trust is formed more by precedent and actions of trust.

    A driver license, however signed can easily be construed an express trust. By studying the State Driver's Manual and taking the written test, you have expressed that you understand the matters of dispute to be settled under the traffic laws of the State.
    www.lawfulmoneytrust.com
    www.bishopcastle.us
    www.bishopcastle.mobi
  • shikamaru
    Senior Member
    • Mar 2011
    • 1630

    #2
    An express trust can only be created by DECLARATION.

    Comment

    • EZrhythm
      Senior Member
      • May 2011
      • 257

      #3
      To which one will notice just above the signature line on the application- I "DECLARE" under the penalty of perjury...

      Comment

      • allodial
        Senior Member
        • May 2011
        • 2866

        #4
        The drivers license document itself is the state property you are entrusted with. As long as you hold it or fail to surrender it ....
        All rights reserved. Without prejudice. No liability assumed. No value assured.

        "The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane." -- Marcus Aurelius
        "It is the glory of God to conceal a thing: but the honour of kings is to search out a matter." Proverbs 25:2
        Prove all things; hold fast that which is good. Thess. 5:21.

        Comment

        • ohiofoiarequest
          Junior Member
          • Dec 2014
          • 29

          #5
          Originally posted by shikamaru View Post
          An express trust can only be created by DECLARATION.
          Not so, friend.

          Declaration is but one of four methods of creating a trust. The other three are assignment, transfer & contract. Declaration is typically when one declares they hold property in trust within their self to the use and benefit of another. Courts of equity also have the power on their own notice to form express trusts in the interests of minors and other incompetents. All statutes are essentially express trusts with the legislature acting as grantor by proxy on behalf of the public.

          Constructive trusts are a remedial device courts use to return an injured party back to status quo...think of restitution.

          Resulting trusts are when a grantor-beneficiary places purchase money into the hands of a nominal purchaser (trustee) to acquire title to lands to which the title will pass to the grantor at a later date at which time the trustee fails to convey title...a trust results due to the nature of the transaction.

          Highly recommend reading Gilberts on Trusts, Henry R. Gibson's fantastic treatise Suits in Chancery and Christian Walters audio if they are still floating around the internet.

          Comment

          • Michael Joseph
            Senior Member
            • Mar 2011
            • 1596

            #6
            Originally posted by ohiofoiarequest View Post
            Not so, friend.

            Declaration is but one of four methods of creating a trust. The other three are assignment, transfer & contract. Declaration is typically when one declares they hold property in trust within their self to the use and benefit of another. Courts of equity also have the power on their own notice to form express trusts in the interests of minors and other incompetents. All statutes are essentially express trusts with the legislature acting as grantor by proxy on behalf of the public.

            Constructive trusts are a remedial device courts use to return an injured party back to status quo...think of restitution.

            Resulting trusts are when a grantor-beneficiary places purchase money into the hands of a nominal purchaser (trustee) to acquire title to lands to which the title will pass to the grantor at a later date at which time the trustee fails to convey title...a trust results due to the nature of the transaction.

            Highly recommend reading Gilberts on Trusts, Henry R. Gibson's fantastic treatise Suits in Chancery and Christian Walters audio if they are still floating around the internet.
            You have the right to an attorney, or to represent yourself or to waive those rights. Which of the three rights do you accept? A rational thinking man or woman must at once ask : Whereof do these rights issue?

            If one is told from UNDER an existing contract, then one must ask: Am I a part to that contract? If not, one must ask: If I accept this benefit of law, are there strings attached? And these "grants" made under an existing contract does that mean if I accept and make a use of said grant does that make me a grantee/trustee?

            If those rights are derived from UNDER an existing contract - of which I am not a party of or to - then, does that mean I am a "protected person" or is there a Wardship?

            My trust is implied by mere use - my trust is expressed by signature....

            And God said
            And God saw
            And God called

            To speak the trust - deed: OBSERVATION which is consciousness acting : And God called [Declaration].

            One may explore resulting trust with the framing of money- but then again if one expands consciousness into any medium of value, then one can explore all sorts of property even incorporeal property such as rights. When one begins to see with new eyes, then one begins to get a better hold upon "resulting trust".

            And then one becomes aware of how valuable one's trust is. My trust expressed has tremendous value. If you want to get a handle on the foregoing just talk to a lawyer and specifically begin to ask questions. At some point if you press in too much, the response will invariable be "I have no trust IN YOU".

            A trust pledged is Faith in operation! But now back to beginnings: Which right do you think I should make a use?


            Isa 36:4 And Rabshakeh said unto them, Say ye now to Hezekiah, Thus saith the great king, the king of Assyria, What confidence is this wherein thou trustest?

            Isa 36:5 I say, sayest thou, (but they are but vain words) I have counsel and strength for war: now on whom dost thou trust, that thou rebellest against me?

            Isa 36:6 Lo, thou trustest in the staff of this broken reed, on Egypt; whereon if a man lean, it will go into his hand, and pierce it: so is Pharaoh king of Egypt to all that trust in him.

            Isa 36:7 But if thou say to me, We trust in the LORD our God: is it not he, whose high places and whose altars Hezekiah hath taken away, and said to Judah and to Jerusalem, Ye shall worship before this altar?

            Isa 36:8 Now therefore give pledges, I pray thee, to my master the king of Assyria, and I will give thee two thousand horses, if thou be able on thy part to set riders upon them.

            What if I don't wish to choose? Thank you but no thank you. My carnal mind [Pharoah] deceives me. It is enmity against God. Let me therefore work this day to discover the Inner Trust - to pledge to remove the baggage in my Shadow. I am immediately reminded of the warning to those who seek the Day of the Lord. It is a day of great darkness. There is much work to be done in each of us [especially me]. Let us go about the work to clean out the skeletons locked away in the Shadow.

            Amo 5:18 Woe unto you that desire the day of the LORD! to what end is it for you? the day of the LORD is darkness, and not light.

            Amo 5:19 As if a man did flee from a lion, and a bear met him; or went into the house, and leaned his hand on the wall, and a serpent bit him.

            Amo 5:20 Shall not the day of the LORD be darkness, and not light? even very dark, and no brightness in it?

            For a trust pledged could imply UNDERTAKING - a promise - of which one Voluntarily binds one's self into duty to another [Public]. The consideration for any undertaking is Statute. For it is the Statute which provides the liability. I ask the question in jest: "Does a Statute need to be written not to steal for one to know it is not good to steal?" If you say no, then why lean on Egypt at all?

            An officer of trust elected with proper oath sits subject to the bylaws [liabilities upon his office]. One who is not elected or appointed to office must be granted License to Undertake on behalf of the Public or To the Public. He who undertakes promises. Thusly an undertaking is a ONE SIDED contract with the consideration being the liability to the Public Trust - of which- dear reader the Undertaker is also a member! And therefore the undertaking is a benefit upon society!

            There can never be peace when it is kept at the end of a gun!

            And as we wind on down the road
            Our shadows taller than our soul.
            There walks a lady we all know
            Who shines white light and wants to show
            How everything still turns to gold.
            And if you listen very hard
            The tune will come to you at last.
            When all are one and one is all

            To be a rock and not to roll.


            God is not an American! Why has it been lost on many that we are called elohim. A great mystery unfolds right before our very eyes for God is Elohim. And if we be of the same kind - well then, dear reader - you do the math. Perhaps Love shall win the day and the elohim will begin to act not in duty but for what is the good of all. God blessed forever Amen

            Consider now the way of Cain - is Faith based. The way of Abel is Love based! Which do you perceive is better?

            It appears today that Faith [husband] is married to Love [wife] but it should be the other way around. For it is Faith which should submit to Love.
            Last edited by Michael Joseph; 12-15-15, 12:04 AM.
            The blessing is in the hand of the doer. Faith absent deeds is dead.

            Lawful Money Trust Website

            Divine Mind Community Call - Sundays 8pm EST

            ONE man or woman can make a difference!

            Comment

            • pumpkin
              Senior Member
              • Feb 2014
              • 174

              #7
              A trust requires trust property. There is no trust property with a drivers license. A license is a regulation, by police power, of a state regulated occupation. Such as driving for hire. The state has a problem enforcing traffic violations, at least for those informed. They can do it administratively without the judicial, but there is no judicial power there. Or they can do it within the courts, which requires the use of the rules of courts. Claims and injury come into play and without jurisdiction of the particular case, government can do little to enforce without injuries and claims.

              Comment

              • Michael Joseph
                Senior Member
                • Mar 2011
                • 1596

                #8
                Originally posted by pumpkin View Post
                A trust requires trust property. There is no trust property with a drivers license. A license is a regulation, by police power, of a state regulated occupation. Such as driving for hire. The state has a problem enforcing traffic violations, at least for those informed. They can do it administratively without the judicial, but there is no judicial power there. Or they can do it within the courts, which requires the use of the rules of courts. Claims and injury come into play and without jurisdiction of the particular case, government can do little to enforce without injuries and claims.
                Consider that a right or a privilege is property. But also consider that a license issues upon he who undertakes. An undertaking is a one-sided contract. It is a promise to do a deed. A promise implies duty to fulfill the promise and an equitable expectation that the promise might be fulfilled. If the promise is subject to existing governing bylaws, then so be it.

                For instance there is no office in the State for Engineer. Therefore he who would undertake in that profession on behalf of the public trust must be licensed to perform because he does a deed on behalf of the public and is not a trustee or an appointed agent. It would be illegal for one to act on behalf of the public if one was not with a license or with an agency or trustee. Thus one undertakes voluntarily and as such, one voluntarily submits one's self under policies and regulations - Codes.

                Property comes in corporeal or incorporeal forms. If you promise me then your promise is valuable. Or I hope it is!
                The blessing is in the hand of the doer. Faith absent deeds is dead.

                Lawful Money Trust Website

                Divine Mind Community Call - Sundays 8pm EST

                ONE man or woman can make a difference!

                Comment

                • pumpkin
                  Senior Member
                  • Feb 2014
                  • 174

                  #9
                  "Consider that a right or a privilege is property. But also consider that a license issues upon he who undertakes."

                  What I have found with traffic tickets and the drivers license is, they use the courts and the courts use their own rules. The court rules kills their little FU party. It is not like a doctor. He wouldn't go before a court, he would go in front of a council or agency. And you are correct, the doctor or the commercial driver has agreed to perform. It involves the public safety. Some may say the private traveler effects the public safety, but he not acting by occupation and is not holding himself out for hire, so his license can best be explain for insurance purposes. My insurance company requires it.

                  Comment

                  • allodial
                    Senior Member
                    • May 2011
                    • 2866

                    #10
                    Originally posted by pumpkin View Post
                    "Consider that a right or a privilege is property. But also consider that a license issues upon he who undertakes."

                    What I have found with traffic tickets and the drivers license is, they use the courts and the courts use their own rules. The court rules kills their little FU party. It is not like a doctor. He wouldn't go before a court, he would go in front of a council or agency. And you are correct, the doctor or the commercial driver has agreed to perform. It involves the public safety. Some may say the private traveler effects the public safety, but he not acting by occupation and is not holding himself out for hire, so his license can best be explain for insurance purposes. My insurance company requires it.
                    Compare the typical state driver's license with a Land Merchant Marine Card. BTW, AFAIK, courts martial proceed in admiralty.

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                    Now the Merchant Marine Credentials are being made in passbook form.

                    Attached Files
                    Last edited by allodial; 12-17-15, 07:48 PM.
                    All rights reserved. Without prejudice. No liability assumed. No value assured.

                    "The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane." -- Marcus Aurelius
                    "It is the glory of God to conceal a thing: but the honour of kings is to search out a matter." Proverbs 25:2
                    Prove all things; hold fast that which is good. Thess. 5:21.

                    Comment

                    • pumpkin
                      Senior Member
                      • Feb 2014
                      • 174

                      #11
                      "Compare the typical state driver's license with a Land Merchant Marine Card. BTW, AFAIK, courts martial proceed in admiralty."

                      The rules of court stops the process in Indiana (they are not self executing however).

                      Comment

                      • allodial
                        Senior Member
                        • May 2011
                        • 2866

                        #12
                        Originally posted by pumpkin View Post
                        "Compare the typical state driver's license with a Land Merchant Marine Card. BTW, AFAIK, courts martial proceed in admiralty."

                        The rules of court stops the process in Indiana (they are not self executing however).
                        Stops the process?



                        If the flags are in a configuration like that it is a court martial as in a court of martial nature. Most military jurisprudence, if not all, are admiralty proceedings. If I recall correctly it was said that in famous OJ Simpson there was a change of flags once the charges were changed.
                        Attached Files
                        Last edited by allodial; 12-17-15, 11:40 PM.
                        All rights reserved. Without prejudice. No liability assumed. No value assured.

                        "The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane." -- Marcus Aurelius
                        "It is the glory of God to conceal a thing: but the honour of kings is to search out a matter." Proverbs 25:2
                        Prove all things; hold fast that which is good. Thess. 5:21.

                        Comment

                        • shikamaru
                          Senior Member
                          • Mar 2011
                          • 1630

                          #13
                          Originally posted by pumpkin View Post
                          A trust requires trust property. There is no trust property with a drivers license. A license is a regulation, by police power, of a state regulated occupation. Such as driving for hire. The state has a problem enforcing traffic violations, at least for those informed. They can do it administratively without the judicial, but there is no judicial power there. Or they can do it within the courts, which requires the use of the rules of courts. Claims and injury come into play and without jurisdiction of the particular case, government can do little to enforce without injuries and claims.
                          A licence is a servitude. That is a critically important point.

                          ..... not that they want you to know that.

                          Just as a passport is property of the US government, a license is property of the state government.

                          Comment

                          • pumpkin
                            Senior Member
                            • Feb 2014
                            • 174

                            #14
                            "A licence is a servitude. That is a critically important point.

                            ..... not that they want you to know that.

                            Just as a passport is property of the US government, a license is property of the state government."

                            For Indiana, this is not true. It is probably the same in all States. I have found, won't look for it now, a case in Indiana that actually defined what a license is, the court said it is to practice a regulated occupation. Which makes sense if you consider the police power of the State. Some occupations concern public safety, and driving for hire is one of them. If a man can get paid more by driving fast and ignoring signs and lights, that is a clear hazard to public safety.

                            "Stops the process?"

                            The rules of court requires certain things. A Claim, a summons, interested party, entitlement, ratification of commencement, are several of which a 'ticket' and the process for infraction enforcement does not provide. Now this is for civil tickets, criminal is a bit different, but several of the same things are still required. But, the rules are not self executing, you must know the rules and provide them to the court. This has worked in two States with civil tickets. They did not give the 'win', but abandoned their cases.
                            Last edited by pumpkin; 12-20-15, 02:13 PM.

                            Comment

                            • allodial
                              Senior Member
                              • May 2011
                              • 2866

                              #15
                              Ideally one never goes into court and settles things even before 'arraignment'.
                              All rights reserved. Without prejudice. No liability assumed. No value assured.

                              "The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane." -- Marcus Aurelius
                              "It is the glory of God to conceal a thing: but the honour of kings is to search out a matter." Proverbs 25:2
                              Prove all things; hold fast that which is good. Thess. 5:21.

                              Comment

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