The Constitution is a Trust Instrument :
#11
Well . . . There 's half of it and probably more that enough to chew on for now .

Any Pro Se / Pro Per Litigants will pull more out than a Lay Person to Law .

Again , any Question any Time on this Subject will be well met .

Mister Trump , are You Listening Sir ? Naval Intel , how about You ?

Be Well All and Stay Safe .


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#12
Charitable Trusts


The importance of charitable trusts comes into play with our Express Constitutional trust created by the Preamble. The Founding Fathers, being at effect of the English common law had to create something that would last and still be valid under the law of England.

A. A trust is charitable if it is made for a charitable purpose and the ultimate recipients constitute either the community as a whole or an indefinite portion thereof(36)

B. A charitable trust has similarly been defined as a gift in trust for the benefit of the public(37)

C. "A bequest is charitable if it is made for a charitable purpose, its aims and accomplishments are of religious, educational, political, or general social interests to mankind and the ultimate recipients constitute either the community as a whole or an unascertainable and indefinite portion thereof".(38)

The above definitions define and describe the trust established by the Constitutional Express Trust that should apply to us. However, Fourteenth Amendment citizens may be the "public" but they are not the "people", nor are they the posterity, nor are they the heirs or beneficiaries, they cannot receive the charitable benefits of the Express Trust. Why?

D. "Charity begins where certainty in beneficiaries ends, for it is the number and uncertainty of the objects, and not the mode of relieving them, which forms the essential element of a charity."(39)

If this be the case, you may well re-read the above as...Charity ends where certainty of the beneficiaries begins. The Charitable purposes of the Preamble of the Constitution ENDS with the designation of the Fourteenth Amendment citizen.

E. "The following interests are not subject to the common law rule against perpetuities(40)

1. Present interests in possession

2. Charitable trusts

F. "The general rule that a gift for charitable purposes of permanent interest and benefit to the public may be perpetual in it duration and is not within the rule against perpetuities.(41)

G. "The general test of the nature of a trust as charitable is whether the accomplishment of the trust purpose is of a social interest to the community as to justify permitting property to be devoted to the purpose in PERPETUITY."(42)

If the Constitutional Trust was not a charitable trust it would be subject to the rule against perpetuities, which it is not.
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Footnotes :

36. . Estate of McKenzie, 227 Cal App 2d 167, 38 Cal Rptr 496; Ellert v Cogswell 113 Cal 129, 45 P 270.

37. . Estate of Schloss, 56 Cal 2d 248, 363 P2d 875; Re Estate of Sutro, 155 CAL 727, 102 P 920.

38. Estate of Henderson, 17 Cal 2d 853, 112 P2d 605; Estate of Mc Kenzie, infra.

39. Russell v Allen, 107 US 163, 2 S Ct 327; Beatty v Kurtz 27 US 566; Re Estate of Coleman, 167 Cal 212, 138 P 992.

40. : Survey of the Law of Property, Smith & Boyer Second Edition, Library of Congress Catalog Card No. 76-142383.

41. " 15 Am Jur 2d Charities '18.

42. Evans v Newton, 382 US 296, 15 L Ed 2d 373, 86 S Ct 486, on remand 221 Ga 870, 148 SE2d 329 (separate opinion).


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#13
Constructive & 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)

(the Bankers?)

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.
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Footnotes :

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.


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#14
The "Rules" under a Spendthrift Trust


As previously stated there are rules, presumptions, and inferences of law revolving around the type of trust created by the Fourteenth Amendment.

Where does the concept of receiving benefits come from? Not from the Social Security Act itself, but from the philosophy behind spendthrift trusts. The Social Security Act in itself does not convey the "right to receive". The "right to receive" is conveyed under a Trust Instrument. By your actions, you have "assigned"(57)

your property rights of natural born citizenship and all that go with it to the United States Government, revoked the Express Constitutional Trust, and gave the Government a "power of appointment"(58)

when you proved that you were a United States citizen in order to receive that Number. As you read the following you should begin to recognize the "System".

A. Benefits--The "Right to Receive"

1. The Beneficiaries of a spendthrift or other support trust are entitled to the benefits conferred in accordance with the terms of the trust, express or "implied".......

2. The operation and effect of such trusts in respect to benefits are GOVERNED BY RULES AND PRINCIPLES applying to provisions for support, whether in wills, deeds, contracts, declarations of trust, or other instruments.

Rules and Principles. 26 USC and 42 USC have plenty of rules and principles.

3. Support and Spendthrift trusts are based on support contracts, and being thus PURCHASE(59) FOR A CONSIDERATION.(60)

You have probably stayed up at night trying to figure out how the Uniform Commercial Code could apply to you and just what it was that you purchased. You purchased your estate. I believe the term "selling your soul to the devil" could fit in quite nicely right now. At least in movies you get to recognize the devil for what he really is before you purchase anything from him. Let the buyer be ware.

4. The trustee under a spendthrift trust is often vested with discretion to determine the occasion or amount of support payment or other benefits or the occurrence of or compliance with conditions entitling the beneficiary to a payment or to the corpus of the estate.(61)

Does Voluntary Compliance come to mind? How about an audit?

5. In the absence of anything in the trust declaration indicating the amount of support benefit to which the beneficiary is entitled under a spendthrift or other support trust, the amount thereof is to be determined by the trustee in the light of the station in life and mode of living of the trustor and the beneficiary, the relation between them, the needs of the beneficiary, the amount that the ordinary man would provide for the support or home of the beneficiary, and other indicia of what the trustor intended as a sufficient provision for the support of the beneficiary.(62)

6. While COMPLIANCE WITH (63) or the occurrence of conditions precedent(64) and conditions subsequent (65), is a requisite to the RIGHT TO RECEIVE OR RETAIN (66) the benefits of a spendthrift trust (67) ....

7. A beneficiary of a spend thrift or other support trust generally is entitled to support or other benefit under the trust irrespective of where he resides. (68)

Observe, in Number 2 above, that the provisions for support, are governed by "Rules and Principles" in certain listed instruments. Notice that "wills" are inclusive. My perception is that it this very principle that makes the Fourteenth Amendment an "Implied" Will (69)

(codicil) aspect of the Constitution; in other words, In order to create a spendthrift trust for the incompetents, and make it lawful, the 14th Amendment has to be viewed as a will provision, because it provides charitable support for an incompetent beneficiary. The amendment cannot be viewed as a deed, contract, declaration of trust or other instrument, it must be a will provision so that it can achieve the power it does. The beneficiary obtains part of the estate but has no vested interest in order to obtain it all. He or she stands as a purchaser. (70)

Your rights are not given to you by God, you have BOUGHT them, and THAT is what makes the tax constitutional.

B. Overpayment of Benefits:

1. A beneficiary of a spendthrift trust has been required to repay an overpayment to him out of the trust. (71)

2. Federal income taxes of the beneficiary of a spendthrift trust are enforceable against his interest in the trust. (72)

Here we have the conditions of the spendthrift trust created for you under the Fourteenth Amendment, and you thought benefits were only bestowed upon you by the Social Security Act; and that compliance was imposed upon you by Title 26. Wrong! The Spendthrift Trust bestows the "Right to Receive" benefits. . . "It" creates a liability upon you to pay back to the Government the excess of benefits you have received, by way of the income tax. The so called "benefits" you receive are based upon your station in life, and gives you a "sufficient" provision for your support. Bet you thought you were the one who determined what was sufficient for your support?
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Footnotes :

57. 6 Am Jur 2d Assignments '1, It is the act by which one person transfers to another, or causes to vest in another, his right of property or interest therein.... and may also be defined an executory agreement or declaration of trust....; '9, Only rights under a contract can be assigned...; '23, Most rights in property are assignable...; '24, Generally, a vested interest in a decedent's estate is assignable...;

58. 62 Am Jur 2d, Powers, '1 A power of appointment has been defined as an authority enabling one person to dispose of the interest which is vested in another. Also see: Cy Press, Power of appointment and Revocation.

59. D "Purchase" has been defined as every mode of acquisition of an estate known to the law, except that by which an heir on the death of his ancestor becomes substituted in his place as owner by operation of law. McCartee v Orphan Asylum Soc. (NY) 9 Cow 437

60. 76 Am Jur 2d '179, Number 1,2, and 3 are in direct relation to Title 42 USC and Title 26 USC.

61. 76 Am Jur 2d, Trusts, '182, This is in direct relationship to Title 26 USC and the authority given to Internal Revenue Service Agents.

62. 76 Am Jur 2d, Trusts, '184: This is in direct relation to Title 26 USC, and also shows that someone else (not you) has made a determination as to what you are to be entitled to have based upon YOUR STATION IN LIFE.

63. The "Voluntary Compliance" of the Income Tax.

64. Condition precedent makes solvency of the beneficiary a condition precedent to receipt of his benefit under the trust.

65. The terms of a trust validly may provide for termination of the trust if the beneficiary is insolvent.

66. Request for OMB Review SF 83 Re: Application for a Social Security Number (SS-5), Section 205 ©(2)(B) of the Social Security Act...Shows: "REQUIRED TO OBTAIN OR RETAIN A BENEFIT".

67. 76 Am Jur 2d, Trusts, '187 Conditions and compliance therewith.

68. 26 CFR '1.1-1(b) Citizens or residents of the United States liable to tax. In general, all citizens of the United States WHEREVER RESIDENT, and all resident alien individuals ARE LIABLE TO THE INCOME TAX. ; 76 Am Jur 2d, Trusts, '188 Place of support.

69. Despite the fact that the Government does not have testamentary powers, I am of the opinion that somewhere along the line "they" interpreted it in that manner. The Constitution may also have been probated unbeknownst to us.

70. . At common law land may be acquired only by descent or by purchase. When a person takes as heir at law he does so by descent, but when he acquires title by his own act or agreement he is a purchaser. Thus, the term "purchaser" is applied in this sense to a person who takes a title to land otherwise than by descent, and irrespective of whether he has given consideration for the conveyance. 23 Am jur 2d Descent and Distribution '3

71. . Corkery v Dorsey, 223 Mass 97, 111 NE 795.

This is the purpose for the 1040 Form. All that funny money (Federal Reserve Notes) floating around represents the estate of the spendthrift trust.

72. United States v Dallas Nat. Band (CA5 Tex) 152, conformed to (DC Tex) 67 F Supp 573, revd on other grounds (CA5 Tex) 164 F2d 489


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#15
A Breach of Trust


You, and all of you have been mislead by the trustees, you do not remember your inheritance as the founders of this country did. They were educated men, men who read.

Today, the biggest past time is who will win the World Series, or some sports event. Have a bottle of beer and watch the news. News that continues the delusion of grandeur we are accustom to living in. Watch the bombs go off the children die while the news tell you why this is supposed to be. You have eyes and cannot see and ears that only hear what you are told to believe. How trusting you are, you the ignorant.

The Trustees have breached the Trust and their duties for profit for themselves at your expense.

A breach of trust of duty by a trustee is a violation of correlative right of the Cestui Que Trust, and gives rise to a liability on the part of the trustee and a correlative cause of action on the part of the beneficiary for any loss to the trust estate. The rule is applicable in respect to both positive acts and omissions or negligence constituting a breach of duty by the trustee. (26)

A trustee liability for breach of trust is personal (there goes their immunity) in character with all the consequences and incidents of personal liability and is enforceable against his estate.

A trustee breaching his duty comes within the maxim that "equity will not aid one who comes into court with unclean hands. (it's about time)

When the trustees have made acts of omission the beneficiary can question the propriety of the trustees. The Beneficiary had to have had, full disclosure, full knowledge of all the material facts and circumstances. A beneficiary must have had knowledge of and understood their RIGHTS. (27)

And the Beneficiary is UNDER NO OBLIGATION TO SEARCH PUBLIC RECORDS. (28)

The old adage that you "knew or should have known" will just not work in the case of the trust. How could you have known when there were acts of omission, non-disclosure, lack of understanding of your Rights, and when everything you were told was done so in order to mislead and deceive you and coerce you into giving up your beneficial interest in the Trust. On the other hand ignorance of the Law is NO excuse for a Fourteenth Amendment citizen.

"Enforcement of a constructive trust (codicil trust) in favor or those named in a will which testator was prevented by fraud, duress or undue influence from executing, against those who have thus obtained decedents property, does not annul the Decedents Estate Law, The Statute of Fraud or the provisions of the Statute of wills as to the mode in which a testamentary disposition (29) must be effected."
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Footnotes :

26. 76 American Jurisprudence 2d Trusts

27. 76 American Jurisprudence 2d Trusts

28. McAllister v McAllister 120 NJ Eq 407, 184 A 723, affd 121 NJ Eq 264, 190 A 52 afd 121 NJ Eq 249, 190 A 53. The Beneficiary is presumed to be reposed in innocence as in contradistinction to a citizen abiding in ignorance.

29. American Jurisprudence - Wills


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#16
Termination of a Trust


The Trust may be terminated by the CONSENT of the Beneficiaries.(25) (Consent, a voluntary action, like filing an income tax return) There is no one mode of terminating a Trust.

A trust may be terminated by contract, or agreement, a conveyance, by beneficiary renunciation or release, transfer or assignment to a third person, or consent. Pursuant to this, do you have any idea what your signature means on a legal paper thrust in your face by your tax accountant, the State, the department of motor vehicles, the social security department, etc., etc. If you don't think it means termination of the trust, ask yourself just where did the Rights in the Constitution go? Do you blame "THEM" for their disappearance. Sorry you are the one terminating the trust.

When everyone in this country signs a document of termination and repudiation, what is left is an inferior Will, a Codicillus. That is where YOUR Rights have gone. You have exchanged them for protection and security. How insecure are you with your God or secure with your god? You are not a Sovereign Citizen even if you would like to think you are. A Queen does not become a Queen because a Will has made her one, and this country has become a nation full of sniveling cowards, afraid to claim their inheritance, but await someone to give it to them.
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25. Heifetz v Band of America Nat. Trust and Savings Assoc. 147 Cal App. 2d 776 "Restatement, Trusts 2d Sec. 337 (1).


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#17
Doctrine of Elections


The doctrine of elections comes into effect when you take under a will or against the will. When we signed up for a Social Security number we elected to take under the will. (Fourteenth Amendment codicil) An Election implies a free choice between two distinct objects or subjects; however I do not recall having that freedom of choice nor the knowledge of its existence.

A. The doctrine of election in connection with testamentary instruments is the principle that one who is given a benefit under a will must choose between accepting such benefit and asserting some other claim he has against the testator's estate or against the property disposed of by the will. (73)

B. One who elects to accept the benefit extended to him by a will is bound to give effect to all the provisions of the instrument and perform the burdens imposed on him herein, including the renunciation of any inconsistent rights or claims. (74)

C. A testamentary beneficiary to elect whether to take under or against the will in case he has some inconsistent claim against the testator's estate, is personal to him. (75)

D. Acceptance of benefits "under the will" constitutes an election which will preclude the devisee from enforcing contractual rights in property bequeathed by the will. (76)

Have you noticed that when you accept the benefits of employment you are precluded from enforcing a contract for labor.

E. Creditors (The Banks)

1. "In accordance with the generally accepted principle that the right to elect for or against a will is a personal privilege(77), many cases apply or recognize the principle that such right may not be controlled by the creditors of the beneficiary; that they can claim no right or interest in the estate contrary to their debtor's election. . . . . and they have no rights in respect of a legacy or devise to their debtor if the latter has ELECTED to take AGAINST THE WILL.

F. What Constitutes an Election

1. A testamentary election may be express or may be implied from the acts or conduct of the beneficiary. . . . or may be evidenced by matters of record or matters in pais. (78)

2. A beneficiary faced with an election "for" or "against" a will has accepted, used, enjoyed, or entered upon or remained in the possession of money, property, or some other benefit extended him by the will tends to establish an election "in favor of the will". (79)

This rule is of course, subject to the qualification that acceptance of a benefit under a will when made in ignorance of the beneficiary's rights or a misapprehension as to the condition of the testator's estate does not operate to constitute an election.

Here we have "misapprehension as to the condition of the testator's estate". Can you see that, the Crash of 29, the Great Depression, rumors of the Bankruptcy of the United States, could intentionally create a misapprehension of the condition of the estate, in order to elicit an "election to take under the will" and receive the benefits offered by the Social Security act? Can you see that, an employer telling you that you must have a social security number in order to work is misrepresentation to force you take under the will? Can you see that, a so-called peace officer telling you that you must have a Drivers license is coercion to take under the will? Diabolical isn't it?

3. Where the money or property was received or accepted in some other capacity than that of a testamentary beneficiary, or amounted to no more than what the beneficiary would have been entitled to independently of the will such receipt or acceptance does not indicate the making of a binding election in favor of the will.

4. Acceptance of the benefit of a provision in a will does not constitute an election precluding the donee from asserting any rights he may have as promises under a contract with the testator, where the provision in the will does not appear to have been made for the purpose of satisfying the testator's obligation, but for a wholly different motive. (80)

I believe there is a contract with the testator, a covenant in fact.

G. Effect of Fraud or misrepresentation

1. Failure to make an election within the statutory period may be excused where the beneficiary was induced to refrain from an election through the FRAUD OR MISREPRESENTATION of interested parties . . . (81).

2. Two things are necessary in order that the acts (conduct of the beneficiary) relied upon will amount to an election:

a. The person alleged to have made an election must have been cognizant of his rights, that is he must have had knowledge not only of the condition and extent of the testator's estate, but also of his duty to elect between the two inconsistent RIGHTS.

b. Having knowledge of his rights, he must have intended, as shown by clear and unequivocal acts to make a choice.

3. Lack of knowledge, when accepting benefits under the will, that the provisions of the will did not fulfill the contractual obligation is a factor affecting a determination of whether the acceptance of benefits under the will constitutes an election. (82)

4. Elections procured through fraud or undue influence, or of elections followed by the failure of the provision made in the will for the electing party or the nonperformance of a condition upon which the election was made, has been widely recognized.
_______________________________________________________________ Footnotes :

73. 80 Am Jur 2d Wills '1607, Annotation: 82 ALR 1510, 1511.

74. 80 Am Jur 2d Wills, '1607, Annotation 82 ALR 1510; 93 ALR 1384.

75. 80 Am Jur 2d, Wills '1611

76. Annotation: 60 ALR3d 1147, 1170, '4.

77. 80 Am Jur 2d Wills, '1610.

78. Blacks Law 5th Ed. p.1000 Matters in pais signifies matter of fact, probably because matters of fact are triable by the country; i.e. by jury.

79. 80 Am Jur 2d Wills '1626, Annotation: 82 ALR 1525 et seq.

80. Wilson v Safe Deposit & Trust Co., 183 Md 245, 37 A2d 321, 152 ALR 892. The Founding Fathers had a Contract with the Posterity and the Fourteenth Amendment does not satisfy the testators obligation but has a wholly different motive.

81. Annotation : 173 ALR 3d 143 '9.

82. Crawford v Briant (CA10 Okla) 53 2d 754, Annotation: 60 ALR3d 1147, 1172, '7.


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#18
Common Law Social Security


Believe it or not, a type of social security was established in England by the Statute of Charitable Uses (43 Eliz. c. 4, 1601). In this Statute you will find every description that your social security number covers, and everything your income tax pays for.

A. "whereas lands, tenements, rents, annuities, profits, hereditament, goods, chattels, money and stocks of money have been heretofore given, limited, appointed and assigned, as well by the Queen's most excellent Majesty, and her most noble progenitors, as by sundry other well-disposed person; some for relief of aged, impotent and poor people, some for maintenance of sick and maimed soldiers and mariners, schools of learning, free schools and scholars in universities, some for repair of bridges, ports, havens, causeways, churches, sea-banks and HIGHWAYS, some for education and preferment of orphans, some for or toward relief, stock or maintenance for houses of correction, some for marriages of poor maids, some for supportation, aid and help of young tradesmen, handicraftsmen and persons decayed, and others for relief or redemption of prisoners or captives, and for aid or ease of any poor inhabitants concerning payments of fifteens, setting out of soldiers and OTHER TAXES ...***...

[ Emphasis added ]

These Trusts defined in the Statute of Charitable Uses are either eleemosynary or governmental trusts and it is highly apparent to me that it is this Statute from which the United States Government drew its authority to create the Social Security Act with the support of the income tax. After all just where does your tax dollars go? To the above. And doesn't all the above require a number?

B. "A group of trust having some incidents in common and classed as charitable may be called "governmental, because they provide for the maintenance of existing governmental organizations or are designed to supplement existing governmental agencies...***...It would seem, therefore, that a trust to furnish money to a government for its general governmental purposes would always be charitable, since all the objects of the particular government must be of widespread social interest(106)

It is essential that the act of creating a charitable trust be an act of donation.

C. "Charitable trusts are not created by compulsory payments but usually arise VOLUNTARILY". (107)

D. "A public charity, in legal contemplation, is derived from gift or bounty". (108)

INCOME TAXES ARE VOLUNTARY. I wonder why? Old English cases show that taxes were for charitable uses and it made no difference if the funds received were voluntarily made or not. Of course let that be known in America and people might begin to suspect what the tax and the charity was all about.

Your donation (1040) is a donation to a governmental charitable trust (one not claimed to exist) for the purposes set out in the Statute of Charitable Uses. I would venture to say the Federal Government denies the existence of a trust for the express purposes of having the right to commingle funds and claim absolute ownership. If a trust was uncovered, this would be fraudulent behavior on the part of the trustees. And again if a trust were admitted, the rule against perpetuities would come into play, because when a beneficiary is named such as "Fourteenth Amendment citizen", it then becomes a "Private" charitable trust, and this is a no-no. So therefore we have to play the legal shell game, to make your donation an absolute gift.
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Footnotes :

106. . Trusts and Trustees, Bogert infra, '378, Governmental Trusts.

107. Home Insurance Co. v Cobbs (1925), 103 So. 165, 20 Ala App 491.

108. . Attorney General v Federal Street Meeting House, 1854, 3 Gray (Mass) 1, 49, 50


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#19
And thus doth Our Treatise come to a close . I do hope some here have found a few sparks of inspiration along the way .

Special Appreciation and Thank You to BTF for the Server Space and Bandwidth to keep this information readily available .

The Beneficiary is presumed to be reposed in innocence as in contradistinction to a citizen abiding in ignorance.

All the Best Everyone .

Sovereigns without Subjects indeed .


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Thanks so much,  @Heir for taking the time and your interest to share this basic info ~ there's a lot to chew on here.

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