& Spendthrift Trusts
A. A constructive trust generally involves primarily a presence of fraud, in view of which equitable title or interest should be recognized in some person other than the taker or holder of the legal title.
B. A constructive trust is entirely independent of any actual or presumed intention of the parties and is frequently imposed against the intention of the trustee.
C. "Otherwise known as a trust ex maleficio, a trust ex delicto, a trust de son tort, an involuntary trust, or an implied trust is a trust by operation of law which arises contrary to the intention and in invitum against one who, by fraud, actual or constructive by duress or abuse of confidence by commission of wrong, or by any form of unconscionable conduct, artifice, concealment or questionable means, or who in any way against equity and good conscience, either has obtained or holds the legal right to property which he ought not in equity and good conscience, hold and enjoy".(48)
D. "A constructive Trust arises only after an act of Fraud or Breach of Confidence or duty and as a relief against the same, it is in substance a state of secondary rights and liabilities growing out of a violation of a primary right and liability hence a constructive trust frequently is classified as a division of adjectival rather than SUBSTANTIVE LAW; and it is said that ground for relief is fraud and not trust.(49)
Accordingly the 14th Amendment having been created under fraud, established a system that allowed U.S. Citizens to acquire title to property that rightfully they should not hold, and a constructive trust literally turns Tom, Dick, Harry and you into trustees.
E. "A constructive trust is the formula through which the conscience of equity finds expression, and when property has been acquired in such circumstances that the holder of the legal title may not in good conscience retain the Beneficial interest, equity converts him into a trustee".(50)
You retain the "beneficial interest" in property Rightfully belonging the Posterity of the Express Trust; therefore you can be converted into a trustee. After all haven't you ever felt that you were the public servant not the IRS agent cornering you. All those government agencies are out to make sure that you, as a quasi trustee are not unjustly enriched. I think they are doing an excellent Job of that.
Spendthrift Trusts: Definition: 76 Am Jur 2d '148
A. A Spendthrift, support, or similarly protective trust is one created to provide a fund for the maintenance of the beneficiary and at the same time to secure it against his improvidence or incapacity.(51)
B. In a narrower and more technical sense, a Spendthrift trust is one that restrains either the voluntary or involuntary alienation by the beneficiary of his interest in the trust, or which in other words, bars such interest from seizure in satisfaction of his debts.(52)
C. While spendthrift trusts are usually regarded as inclusive of all trusts which bar creditors (the Bankers?) from reaching a beneficiary's interest, they are, in strict legal nomenclature, to be distinguished from other trusts seeking to protect a trust estate against the grantees, transferees, or assignees of a beneficiary, in that a Spendthrift trust operates through the mechanism of a restraint pertaining to an EXISTING TRUST. (The Constitution)
D. Two chief situations exist where a spendthrift, support or similar trust is protective against direct control by the beneficiary of his interest in the trust estate(53)......
E. The situation of a spendthrift, support, or similar trust being invalid in a particular jurisdiction as against alienees or creditor, but not as being a beneficial interest in the cestui que trust. The Beneficiary thereof cannot be ENDOWED(54)
with the entire disposition and control of the trust property.
F. An instrument designed to create a spendthrift or other protective trust is to be construed so far as possible to carry out the intention and purpose of the trustor or founder.(55)
What is being defined and described here are the workings of the Fourteenth Amendment. In Cory v Carter, 48 Ind 327 (1874), Judge Buskirk specifically showed what the Fourteenth Amendment was designed for:
"only to confer upon negroes and mulattoes the right, in every State and Territory, to make and enforce contracts, to sue, be parties and give evidence, to inherit, purchase, lease, sell, hold and convey real and personal property, and the full and equal benefit of all laws and proceedings for the security of person and property as enjoyed by white citizens."
At that time in history the above named persons were openly considered legally incompetent. The Fourteenth Amendment was established for the purposes of creating a "Spendthrift Trust" specifically for incompetent beneficiaries, literally making them wards of the so called court, so as to prevent them from gaining control of the Estate property of the Express Trust. The above enumerated topics were the dual nature of the rights that white state citizens had, but they were not truly of the same substance because of the lack of a vested interest in the Trust, their citizenship was purchased, an heir was now named. To establish who the heir is, changes the estate from a feesimple absolute to an estate for life, this type of estate is taxable now and was taxable under the common law, a feesimple absolute was not.
Freed black slaves had no argument with the establishment of the 14th Amendment and white citizens looked upon it as a joke. The only people who were openly abused right, from the beginning by the Amendment, was the American Indian. Up until 1871 the American Indian tribes were recognized by the United States as possessing the attributes of nations (sovereignty); however, in that year the United States Congress declared its intention to subjugate the American Indian to the control of its Legislative power(56)
The Fourteenth Amendment gave them power to do so, as they were viewed as being incompetent and "subject to the jurisdiction thereof". From that time, to this date, the American Indian has been barred from exercising and upholding the treaties made to them as the Sovereign Nations which they were considered prior to this. Those treaties were made under an the Express Trust of the Constitution recognizing sovereign people, there are no sovereign people covered under the spendthrift trust of the Fourteenth Amendment, only incompetents who have no vested interest. These once proud and wealthy people who were stripped of their inheritance, by corruption, to the point of destitution, is our legacy also, barring us from our rightful Citizenship because we too fall under the Fourteenth Amendment.
48. Am Jur 2d, Trusts '221; Loomis v Loomis 148 Cal 149, 82 P 679; Central Stock & Grain Exch. v Bendinger 109 F 926 cert den 183 US 699, 46 L Ed 396, 22 S Ct 935; Des Moines Terminal Co. v Des Moines U.R. Co. 52 F 2d 616, cert den 285 US 537, 76 L Ed 930, 52 S Ct 311; St Louis & S.F.R.Co. v Spiller 274 US 304, 71 L Ed 1060, 47 S Ct 635; Angel v Chicago, S.P.M & O. R. Co. 151 US 1, 38 L Ed 55, 14 S Ct 240; Monroe Cattle Co. v Becker 147 US 47, 37 L Ed 72, 13 S Ct 217; Felix v Patrick 145 US 317, 36 L Ed 719, 12 S Ct 862; and more.
49. " 76 Am Jur 2d Trusts, '222.
50. Beatty v Guggenheim Exploration Co. 225 NY 380, 122 NE 378.
51. See 41 Am Jur 2d, Incompetent persons '' 65
"The purpose of a spendthrift trust is to assist a beneficiary who is presumed incapable of wisely directing his own financial affairs. Alvis v Bank of America Nat. Trust & Sav. Ass'n, 95 Cal App 2d 118, 212 P2d 608, 36 ALR2d 1209."
52. Annotation: 118 ALR 20, s. 34 ALR2d 1335, 1336, '1
Restatement, Trusts 2d ''152, 153
53. 76 Am Jur 2d Trusts '148
54. This is Important: Black's Law 5th Edition page 473,..."Endow:: To give a dower; to bestow upon; to make pecuniary provision for. "Endowment":........The assignment of dower; the setting of a woman's dower. 2 Nl Comm. 135.
55. In the execution of a spendthrift trust (Fourteenth Amendment), the concern of the law is not for the donees, but rather it is to give to the will of the donor the effect he has expressed for it. Re Heyl's Estate, 156 Pa Super 277, 40 A2d 149affd 352 Pa 407, 43 A2d 130.
Points & Authorities :
- What's This All About
- Preamble Explained
- Inheritable Property
- Trusts in General
- Trusts by Operation of Law
- Preamble Religious Intent
- Constructive & Spendthrift Trusts
- Rules under a Spendthrift Trust
- Breach of Trust
of a Trust
- Doctrine of Election
- Common Law Social Security
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