Law of Trusts

[motla68]

Let me see if I get this ....

It could be an express trust or a trust implied in law, the ultimate arbiter is government if government feels the trustee is not fulfilling his duties, correct?

Give that man a beer on me! kudos It has nothing to do with us, but we consistently interfere in that relationship.

[shikamaru]

Is a trust an estate?

[motla68]

Is a trust an estate?

Usually not until trust has gone into Probate, but there may be other circumstance, not really an expert on trusts as of yet.
This is what we are attempting to do with CS is voluntarily probating the name in trust so the State can do it's job and take care of the accounting as stated in Article 55 of the rules of Warfare On Land at the Hague.
Article 55
The occupying State shall only be regarded as administrator and usufructuary of the public buildings, real property, forests, and agricultural works belonging to the hostile State, and situated in the occupied country. It must protect the capital of these properties, and administer it according to the rules of usufruct.

http://avalon.law.yale.edu/19th_century/hague02.asp#art55

Modified=705925685F6DCB01EEhttp://avalon.law.yale.edu/19th_cent...25685F6DCB01EE

[motla68]

Usually not until trust has gone into Probate, but there may be other circumstance, not really an expert on trusts as of yet.
This is what we are attempting to do with CS is voluntarily probating the name in trust so the State can do it's job and take care of the accounting as stated in Article 55 of the rules of Warfare On Land at the Hague.
Article 55
The occupying State shall only be regarded as administrator and usufructuary of the public buildings, real property, forests, and agricultural works belonging to the hostile State, and situated in the occupied country. It must protect the capital of these properties, and administer it according to the rules of usufruct.

http://avalon.law.yale.edu/19th_century/hague02.asp#art55

Modified=705925685F6DCB01EEhttp://avalon.law.yale.edu/19th_cent...25685F6DCB01EE

This can be a little hard to understand because of the different surveying overlays upon the land that MJ has mentioned on a few posts. These are the different governments with the same name. Republic and Democracy.

[David Merrill]

This can be a little hard to understand because of the different surveying overlays upon the land that MJ has mentioned on a few posts. These are the different governments with the same name. Republic and Democracy.

It is helpful to study thermodynamic systems so that you can define the parameters in trust law. Otherwise the definitions and titles become ephereal.

[shikamaru]

Usually not until trust has gone into Probate, but there may be other circumstance, not really an expert on trusts as of yet.
This is what we are attempting to do with CS is voluntarily probating the name in trust so the State can do it's job and take care of the accounting as stated in Article 55 of the rules of Warfare On Land at the Hague.
Article 55
The occupying State shall only be regarded as administrator and usufructuary of the public buildings, real property, forests, and agricultural works belonging to the hostile State, and situated in the occupied country. It must protect the capital of these properties, and administer it according to the rules of usufruct.

http://avalon.law.yale.edu/19th_century/hague02.asp#art55

Modified=705925685F6DCB01EEhttp://avalon.law.yale.edu/19th_cent...25685F6DCB01EE

Alright ... allow me to qualify. You have given a valid sense of estate. Allow me to expand and broaden the term a bit ...

Estates and ownership interests defined

The law recognizes different sorts of interests, called estates, in real property. The type of estate is generally determined by the language of the deed, lease, bill of sale, will, land grant, etc., through which the estate was acquired. Estates are distinguished by the varying property rights that vest in each, and that determine the duration and transferability of the various estates. A party enjoying an estate is called a "tenant."

Common Law

In English common law, the Crown has radical title or the allodium of all land in England, meaning that it is the ultimate "owner" of all land. However, the Crown can grant ownership in an abstract entity—called an estate in land—which is what is owned, rather than the land it represents. The fee simple estate is also called "estate in fee simple" or "fee-simple title" and sometimes simply freehold in England and Wales. From the start of the Norman period, when feudalism was introduced to England, the tenant or "holder" of a fief could not alienate it from the possession of his overlord, that is to say sell it, but instead could separate off a parcel of the land and grant it as a subordinate fief to his own sub-tenant, a process known as sub-enfeoffing or "subinfeudation". The 1290 Statute of Quia Emptores abolished subinfeudation and instead allowed the sale of fee simple estates.[1]

An estate is a placeholder, a representative.

[motla68]

It is helpful to study thermodynamic systems so that you can define the parameters in trust law. Otherwise the definitions and titles become ephereal.

yes it is ephereal for one reason not being of the original law known as Providence.

[motla68]

Alright ... allow me to qualify. You have given a valid sense of estate. Allow me to expand and broaden the term a bit ...

An estate is a placeholder, a representative.

You have made and excellent point here with the insertions, making further connection from this though once we return the name to the state voluntarily probate it then does all the holdings become estate? I am leaning towards the notion that "when the property is even registered in the state it is considered in Probate since most states are called Probate states?" If this is the case then since we have not done it yet and had planned to is return the BC name into the state so all accounting against it can be settled through the same type of probate.

[shikamaru]

You have made and excellent point here with the insertions, making further connection from this though once we return the name to the state voluntarily probate it then does all the holdings become estate? I am leaning towards the notion that "when the property is even registered in the state it is considered in Probate since most states are called Probate states?" If this is the case then since we have not done it yet and had planned to is return the BC name into the state so all accounting against it can be settled through the same type of probate.

Two things:

The concept of an estate existed in English Common Law with regard to land AND other forms of property such as an estate in land.

The sociological concept of an estate existed in England and France i.e. The Three Estates, Ancien Regime, etc.

Probate came into play during regulation of who would inherit land (heirs), how much, and by what means. Of course, the definitions and senses of the term estate have been modified, subverted, etc. over time.

[motla68]

Two things:

The concept of an estate existed in English Common Law with regard to land AND other forms of property such as an estate in land.

The sociological concept of an estate existed in England and France i.e. The Three Estates, Ancien Regime, etc.

Probate came into play during regulation of who would inherit land (heirs), how much, and by what means. Of course, the definitions and senses of the term estate have been modified, subverted, etc. over time.

This is why I would like to get a couple private trusts established in which the equity can be deposited, also making sure there is no liens beforehand though of course.
The receipts can be returned to treasury and everybody gets what they want.

[shikamaru]

A synonym for estate is interest:

Bouvier's Law Dictionary, 1856

INTEREST, estates. The right which a man has in a chattel real, and more particularly in a future term. It is a word of less efficacy and extent than estates, though, in legal understanding, an interest extends to estates, rights and titles which a man has in or out of lands, so that by a grant of his whole interest in land, a reversion as well as the fee simple shall pass. Co. Litt. 345.

INTEREST, contracts. The right of property which a man has in a thing, commonly called insurable interest. It is not easy to give all accurate definition of insurable interest. 1 Burr. 480; 1 Pet. R. 163; 12 Wend. 507 16 Wend. 385; 16 Pick. 397; 13 Mass. 61, 96; 3 Day, 108; 1 Wash. C. C. Rep. 409.

2. The policy of commerce and the various complicated. rights which different persons may have in the same thing, require that not only those who have an absolute property in ships and goods, but those also who have a qualified property therein, may be at liberty to insure them. For example, when a ship is mortgaged, after, the mortgage becomes absolute, the owner of the legal estate has an insurable interest, and the mortgagor, on account of his equity, has also an insurable interest. 2 T. R. 188 1 Burr. 489; 13 Mass. 96; 10 Pick. 40 and see 1 T. R. 745; Marsh. Ins. h. t.; 6 Meeson & Welshy, 224.

3. A man may not only insure his own life for the benefit of his heirs or creditors, and assign the benefit of this insurance to others having thus or otherwise an interest in his life, but be may insure the life of another in which he may be interested. Marsh. Ins. Index, h. t.; Park, Ins. Index, h. t.; 1 Bell's Com. 629, 5th ed.; 9 East, R. 72. Vide Insurance.

INTEREST, evidence. The benefit which a person has in the matter about to be decided and which is in issue between the parties. By the term benefit is here understood some pecuniary or other advantage, which if obtained, would increase the, witness estate, or some loss, which would decrease it.

2. It is a general rule that a party who has an interest in the cause cannot be a witness. It will be proper to consider this matter by taking a brief view of the thing or subject in dispute, which is the object of the interest; the quantity of interest; the quality of interest; when an interested witness can be examined; when the interest must exist; how an interested witness can be rendered competent.

3. - 1. To be disqualified on the ground of interest, the witness must gain or lose by the event of the cause, or the verdict must be lawful evidence for or against him in another suit, or the record must be an instrument of evidence for or against him. 3 John. Cas. 83; 1 Phil. Ev. 36; Stark. Ev. pt. 4, p. 744. But an interest in the question does not disqualify the witness. 1 Caines, 171; 4 John. 302; 5 John. 255; 1 Serg. & R. 82, 36; 6 Binn. 266; 1 H. & M. 165, 168.

4. - 2. The magnitude of the interest is altogether immaterial, even a liability for the most trifling costs will be sufficient. 5 T. R. 174; 2 Vern. 317; 2 Greenl. 194; 11 John. 57.

5. - 3. With regard to the quality, the interest must be legal, as contradistinguished from mere prejudice or bias, arising from relationship, friendship, or any of the numerous motives by which a witness may be supposed to be influenced. Leach, 154; 2 St. Tr. 334, 891; 2 Hawk. ch. 46, s. 25. It must be a present, certain, vested interest, and not uncertain and contingent. Dougl. 134; 2 P. Wms. 287; 3 S. & R. 132; 4 Binn. 83; 2 Yeates, 200; 5 John. 256; 7 Mass. 25. And it must have been acquired without fraud. 3 Camp. 380; l M. & S. 9; 1 T. R. 37.

6. - 4. To the general rule that interest renders a witness incompetent, there are some exceptions. First. Although the witness may have an interest, yet if his interest is equally strong on the other side, and no more, the witness is reduced to a state of neutrality by an equipoise of interest, and the objection to his testimony ceases. 7 T. R. 480, 481, n.; 1 Bibb, R. 298; 2 Mass. R. 108; 2 S. & R. 119; 6 Penn. St. Rep. 322.

7. Secondly. In some instances the law admits the testimony of one interested, from the extreme necessity of the case; upon this ground the servant of a tradesman is admitted to prove the delivery of goods and the payment of money, without any release from the master. 4 T. R. 490; 2 Litt. R. 27.

8. - 5. The interest, to render the witness disqualified, must exist at the time of his examination. A deposition made at a time when the witness had no interest, may be read in evidence, although he has afterwards acquired an interest. 1 Hoff. R. 21.

9. - 6. The objection to incompetency on the ground of interest may be removed by an extinguishment of that interest by means of a release, executed either by the witness, when he would receive an advantage by his testimony, or by those who have a claim upon him when his testimony would be evidence of his liability. The objection may also be removed by payment. Stark. Ev. pt. 4, p. 757. See Benth. Rationale of Jud. Ev. 628-692, where he combats the established doctrines of the law, as to the exclusion on the ground of interest; and Balance.

[shikamaru]

This is why I would like to get a couple private trusts established ....

Would not a private trust be solemnized in written form as well as conducted privately outside the sphere of the public?

in which the equity can be deposited, ....

When you say deposited, does this mean deposit as in an account or deposit as in vested into and robed upon a person?

also making sure there is no liens beforehand though of course.

A lien is a security interest. Liens cannot be issued upon a given res (thing) unless registered.

Registration grants interest (estate) in the res (thing).

The receipts can be returned to treasury and everybody gets what they want.

The receipts are returned to the Treasury for accounting, correct?
Also, what accounts would the Treasury balance?
This sounds very similar to what I hear from Vic Beck.

[motla68]

A synonym for estate is interest:

This is of my latest goals is to become more knowledgeable about trust law and equity. Still learning some of the ropes in that aspect. Thank you

[motla68]

My answers will be in bold within your quote.

Would not a private trust be solemnized in written form as well as conducted privately outside the sphere of the public?

Yes, this is why they call it a private trust.

When you say deposited, does this mean deposit as in an account or deposit as in vested into and robed upon a person?

Deposited into a secure location within my camp/sanctuary, most likely the one called a filing cabinet.

A lien is a security interest. Liens cannot be issued upon a given res (thing) unless registered.

Registration grants interest (estate) in the res (thing).

They can also get liens against them if any estate property is entered into the monetary system, wise to have 2, one for the private and the other for the public, One has no connection to the other, other then hiring out persons to do specific jobs. And I know what your next question will be on this so just going to answer it anyway before you ask, equity trust cannot enter into a monetary system it would be a mistake, they can however be paid in goods and services. I would prefer it this way, but we all have that monetary addiction right now.



The receipts are returned to the Treasury for accounting, correct?
Yes
Also, what accounts would the Treasury balance?
The bond which created the energy so the Bureau of Engraving can print money for the Federal Reserve System.
We are getting away from paper though and everything is going electronic, keep the money in the treasury and these bonds do not have to be cut that need to be settled later that were used to print the money.
This sounds very similar to what I hear from Vic Beck.
Yes, I imagine it would, because a lot of information that we got was from the private canadian group that Vic Beck got booted out of I have been told.
Also every now an then Vic contacts me privately to ask how we did this and how we did that because I comment on his blog posts, not too often though. I do not ask him about getting booted out, he had probably been through enough embarrassment already.

[Michael Joseph]

Is a trust an estate?

The Estate is what is being Held in Trust. So one could say the Estate = Trust Corpus. The Trustee STANDS for the Estate and the Beneficiary receives the benefit of the Estate held in Trust by the Trustee.