Thursday, February 13, 2014

The JOHN DOE CESTUI QUE TRUST

The SOCIAL SECURITY ACCOUNT NUMBER is property of the SOCIAL SECURITY ADMINISTRATION. Don't believe a word I say here, turn the card over and read it with you own eyes (further get a magnifier and take a closer read of the apparent line upon which you have signed). The said "authorized account user" has no obligation therefore all LIABILITY falls on the SOCIAL SECURITY ADMINISTRATION.

Your assistance is greatly appreciated

Thank you for your service


The JOHN DOE CESTUI QUE TRUST created through the BIRTH CERTIFICATE by the STATE.

NAMES are SYMBOLS of THINGS.

The SOCIAL SECURITY ACCOUNT CARD, JOHN DOE and NUMBER are all owned and PROPERTY of the SOCIAL SECURITY ADMINISTRATION and must be returned upon request.

The freeborn spiritual being (Energy/Current) has been AUTHORIZED USER The Charge/Source/Beneficiary of ACCOUNT.

AUTHORIZED defined: To empower; to give a right or authority to act. To endow with authority or effective legal power, warrant, or right. People v. Young, 100 Ill.App.2d 20, 241 N.E.2d 587, 589. To permit a thing to be done in the future. It has a mandatory effect or meaning, implying a direction to act. "Authorized" is sometimes construed as equivalent to "permitted"; or "directed", or to similar mandatory language. Possessed of authority; that is, possessed of legal or rightful power, the synonym of which is "competency." Doherty v. Kansas City Star Co., 143 Kan. 802, 57 P.2d 43, 45.

RESTATEMENT defined: The Restatement (Second) of Trusts (1959) (hereafter "Restatement") § 2 defines a trust generally as a fiduciary relationship with respect to property, subjecting the person by whom the title to the property is held to equitable duties to deal with the property for the benefit of another person, which arises as a result of a manifestation of an intention to create it.

Does a trust have to be registered with the State?

No State Filing; Unlike corporations, LLCs, or limited partnerships, trusts generally do not file their governing instrument with the State to become legal. However, a will that includes a testamentary trust is filed with the court as part of the will probate process.

A few States have adopted Article VII of the Uniform Probate Code, which requires the trustees of all trusts to register in the court of the principal place of administration of the trust. The Uniform Probate Code imposes penalties on the trustee for failure to register but does not invalidate the trust.

The trust instrument usually indicates the State law under which the trust is organized. If it doesn't, the determination specialist should ascertain the State law, and get a representation from the trust that it is properly organized under the State law, particularly if there is doubt as to the validity of the trust.

Like other nonprofit organizations, trusts must keep orderly financial books and records, and minutes of meetings and decisions/resolutions by their trustees. See IRC 6001; Rev. Rul. 59-95, 1959-1 C.B. 627

Trusts: Common Law and IRC 501(c)(3) basic definitions, distinctions, and rules regarding trusts and IRC 501(c)(3). Much of the focus is on State common law concepts regarding trusts. State law creates legal interests and rights; federal tax law designates what interests or rights, so created, shall be taxed. Morgan v. Commissioner, 309 U.S. 78, 80 (1940). There is no uniform or model law of trusts adopted by most States, although a few uniform laws relating to certain aspects of trusts have been widely adopted.

How are courts involved in the regulation of trusts?

Court Proceedings; Courts are involved in the administration of trusts in many ways. 

Trustees (particularly of testamentary trusts) may be required to account to the court for their administration of the trust, both periodically and upon termination. 

Beneficiaries may sue for an accounting or to replace the trustee. Restatement §§ 387, 391. 

The trustee may voluntarily account to the court for the court's approval and the trustee's own protection. Restatement § 260. 

Trustees may bring legal proceedings to receive instructions from the court on the proper course of action. Restatement § 394. 

Legal proceedings involving the administration of trusts are usually proceedings in chancery. Am. Jur. 2d "Trusts" § 324.

Trusts, with their separation of legal and equitable property interests, arose under English law. Historically, England had two court systems, courts of law and courts of equity or chancery. Law courts applied fixed rules, whereas the equity courts applied more flexible principles of justice based on considerations of equity or fairness. Law courts handled claims for money or property, whereas equity courts handled questions whether a person should be required to do certain acts, and under what conditions. Most States have abolished the separate courts of law and chancery, but many vestiges of the separate systems remain. Restatement § 2 Comment f. 

By statute, the State court of jurisdiction for trusts is often a special court known as Probate, Surrogate, or Orphan's Court. Black's Law Dictionary, "probate court." These courts have jurisdiction over probate of wills and administration of trusts and estates, as well as cases involving guardianships and minors.

See: http://www.scribd.com/doc/206688132/The-JOHN-DOE-TITLE-CESTUI-QUE-TRUST

1 comment:

Unknown said...

A Cure for Night? Could it be that the legal system is just that? Since the majority of crime takes place at night, this author shares the stories of public defenders as they represent those involved in minor and major offenses of the night.
see more at-los angeles black probate lawyer