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  • Common-Law Trust Title Defined Public Notice/Public Record

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    in1or
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    Common-Law Trust Title Defined Public Notice/Public Record TITLE defined: pleading, rights. The right of action, which the plaintiff has; the declaration must show the plaintiff's title, and if such title be not shown in that instrument, the defect cannot be cured by any of the future pleadings. Bac. Ab. Pleas, &c. B 1. A Law Dictionary Adapted to the Constitution and Laws of The United States of America and of The Several States of the American Union by: John Bouvier Revised Sixth Edition, 1856 CESTUI QUE TRUST defined: He who has a right to a beneficial interest in and out of an estate the legal title to which is vested in another. 2 Washb. Real Prop. 163. The person who possesses the equitable right to property and receives the rents, issues, and profits thereof, the legal estate of which is vested in a trustee. Bernardsville Methodist Epis- copal Church v. Seney, 85 N.J.Eq. 271, 96 A. 388, 389; Moore v. Shifflett, 187 Ky. 7, 216 S.W. 614, 616. Beneficiary of trust, Ulmer v. Fulton, 129 Ohio St. 323, 195 N.E. 557, 564, 97 A.L.R. 1170. Black's Law Dictionary Fourth Edition (page 289) CESTUI QUE USE defined: He for whose use and benefit lands or tenements are held by another. The cestui que use has the right to receive the profits and benefits of the estate, but the legal title and possession (as well as the duty of defending the same) reside in the other. 2 Bla.Comm. 330; 2 Washb. Real Prop. 95. Black's Law Dictionary Fourth Edition (page 289) ACT OF STATE defined: An act done by the sovereign power of a country, or by its delegate, within the limits of the power vested in him. An act of state cannot be questioned or made the subject of legal proceedings in a court of law. Black's Law Dictionary Fourth Edition (page 44) ACT OF MAN defined: Every man of sound mind and discretion is bound by his own acts, and the law does not permit him to do any thing against it; and all acts are construed most strongly against him who does them. Plowd. 140. 2. A man is not only bound by his own acts, but by those of others who act or are presumed to act by his authority, and is responsible civilly in all such cases; and, in some cases, even when there is but a presumption of authority, he may be made responsible criminally; for example, a bookseller may be indicted for publishing a libel which has been sold in his store, by his regular salesmen, although he may possibly have had no knowledge of it. VALID defined: An act, deed, will, and the like, which has received all the formalities required by law, is said to be valid or good in law.

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    Common-Law Trust Title Defined Public Notice/Public Record TITLE defined: pleading, rights. The right of action, which the plaintiff has; the declaration must show the plaintiff's title, and if such title be not shown in that instrument, the defect cannot be cured by any of the future pleadings. Bac. Ab. Pleas, &c. B 1. A Law Dictionary Adapted to the Constitution and Laws of The United States of America and of The Several States of the American Union by: John Bouvier Revised Sixth Edition, 1856 CESTUI QUE TRUST defined: He who has a right to a beneficial interest in and out of an estate the legal title to which is vested in another. 2 Washb. Real Prop. 163. The person who possesses the equitable right to property and receives the rents, issues, and profits thereof, the legal estate of which is vested in a trustee. Bernardsville Methodist Epis- copal Church v. Seney, 85 N.J.Eq. 271, 96 A. 388, 389; Moore v. Shifflett, 187 Ky. 7, 216 S.W. 614, 616. Beneficiary of trust, Ulmer v. Fulton, 129 Ohio St. 323, 195 N.E. 557, 564, 97 A.L.R. 1170. Black's Law Dictionary Fourth Edition (page 289) CESTUI QUE USE defined: He for whose use and benefit lands or tenements are held by another. The cestui que use has the right to receive the profits and benefits of the estate, but the legal title and possession (as well as the duty of defending the same) reside in the other. 2 Bla.Comm. 330; 2 Washb. Real Prop. 95. Black's Law Dictionary Fourth Edition (page 289) ACT OF STATE defined: An act done by the sovereign power of a country, or by its delegate, within the limits of the power vested in him. An act of state cannot be questioned or made the subject of legal proceedings in a court of law. Black's Law Dictionary Fourth Edition (page 44) ACT OF MAN defined: Every man of sound mind and discretion is bound by his own acts, and the law does not permit him to do any thing against it; and all acts are construed most strongly against him who does them. Plowd. 140. 2. A man is not only bound by his own acts, but by those of others who act or are presumed to act by his authority, and is responsible civilly in all such cases; and, in some cases, even when there is but a presumption of authority, he may be made responsible criminally; for example, a bookseller may be indicted for publishing a libel which has been sold in his store, by his regular salesmen, although he may possibly have had no knowledge of it. VALID defined: An act, deed, will, and the like, which has received all the formalities required by law, is said to be valid or good in law.

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    96 vizualizări3 pagini

    Common-Law Trust Title Defined Public Notice/Public Record

    Încărcat de

    in1or
    Common-Law Trust Title Defined Public Notice/Public Record TITLE defined: pleading, rights. The right of action, which the plaintiff has; the declaration must show the plaintiff's title, and if such title be not shown in that instrument, the defect cannot be cured by any of the future pleadings. Bac. Ab. Pleas, &c. B 1. A Law Dictionary Adapted to the Constitution and Laws of The United States of America and of The Several States of the American Union by: John Bouvier Revised Sixth Edition, 1856 CESTUI QUE TRUST defined: He who has a right to a beneficial interest in and out of an estate the legal title to which is vested in another. 2 Washb. Real Prop. 163. The person who possesses the equitable right to property and receives the rents, issues, and profits thereof, the legal estate of which is vested in a trustee. Bernardsville Methodist Epis- copal Church v. Seney, 85 N.J.Eq. 271, 96 A. 388, 389; Moore v. Shifflett, 187 Ky. 7, 216 S.W. 614, 616. Beneficiary of trust, Ulmer v. Fulton, 129 Ohio St. 323, 195 N.E. 557, 564, 97 A.L.R. 1170. Black's Law Dictionary Fourth Edition (page 289) CESTUI QUE USE defined: He for whose use and benefit lands or tenements are held by another. The cestui que use has the right to receive the profits and benefits of the estate, but the legal title and possession (as well as the duty of defending the same) reside in the other. 2 Bla.Comm. 330; 2 Washb. Real Prop. 95. Black's Law Dictionary Fourth Edition (page 289) ACT OF STATE defined: An act done by the sovereign power of a country, or by its delegate, within the limits of the power vested in him. An act of state cannot be questioned or made the subject of legal proceedings in a court of law. Black's Law Dictionary Fourth Edition (page 44) ACT OF MAN defined: Every man of sound mind and discretion is bound by his own acts, and the law does not permit him to do any thing against it; and all acts are construed most strongly against him who does them. Plowd. 140. 2. A man is not only bound by his own acts, but by those of others who act or are presumed to act by his authority, and is responsible civilly in all such cases; and, in some cases, even when there is but a presumption of authority, he may be made responsible criminally; for example, a bookseller may be indicted for publishing a libel which has been sold in his store, by his regular salesmen, although he may possibly have had no knowledge of it. VALID defined: An act, deed, will, and the like, which has received all the formalities required by law, is said to be valid or good in law.

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    Certified Mail Article Number: Common-Law Trust Title Defined Public Notice/Public Record TITLE defined: leadin!" ri!

    #ts$ T#e ri!#t of action" w#ic# t#e laintiff #as% t#e declaration must s#ow t#e laintiff&s title" and if suc# title be not s#own in t#at instrument" t#e defect cannot be cured b' an' of t#e future leadin!s$ (ac$ Ab$ Pleas" )c$ ( *$ A Law Dictionar' Ada ted to t#e Constitution and Laws of T#e +nited ,tates of America and of T#e ,e-eral ,tates of t#e American +nion b': .o#n (ou-ier Re-ised ,i/t# Edition" *012 E3+ITA(LE defined: T#at w#ic# is in conformit' to t#e natural law$ 4olff" Inst$ ,ec$ 05$ A Law Dictionar' Ada ted to t#e Constitution and Laws of T#e +nited ,tates of America and of T#e ,e-eral ,tates of t#e American +nion b': .o#n (ou-ier Re-ised ,i/t# Edition" *012 E3+ITA(LE E,TATE defined: An e6uitable estate is a ri!#t or interest in land" w#ic#" not #a-in! t#e ro erties of a le!al estate" but bein! merel' a ri!#t of w#ic# courts of e6uit' will ta7e notice" re6uires t#e aid of suc# court to ma7e it a-ailable$ 8$ T#ese estates consist of uses" trusts" and owers$ ,ee 8 (ou-$ Inst$ n$ *009$ :ide Cestui 6ue trust% Cestui 6ue use$ A Law Dictionar' Ada ted to t#e Constitution and Laws of T#e +nited ,tates of America and of T#e ,e-eral ,tates of t#e American +nion b': .o#n (ou-ier Re-ised ,i/t# Edition" *012 LE;AL defined: T#at w#ic# is accordin! to law$ It is used in o osition to e6uitable" as t#e le!al estate is" in t#e trustee" t#e e6uitable estate in t#e cestui 6ue trust$ :ide Powell on Mort!$ Inde/" #$t$ 8$ T#e art' w#o #as t#e le!al title" #as alone t#e ri!#t to see7 a remed' for a wron! to #is estate" in a court of law" t#ou!# #e ma' #a-e no beneficial interest in it$ T#e e6uitable owner" is #e w#o #as not t#e le!al estate" but is entitled to t#e beneficial interest$ 5$ T#e erson w#o #olds t#e le!al estate for t#e benefit of anot#er" is called a trustee% #e w#o #as t#e beneficiar' interest and does not #old t#e le!al title" is called t#e beneficiar'" or more tec#nicall'" t#e cestui 6ue trust$ 9$ 4#en t#e trustee #as a claim" #e must enforce #is ri!#t in a court of e6uit'" for #e cannot sue an' one at law" in #is own name% * East" 9<=% 0 T$ R$ 558% * ,aund$ *10" n$ *% 8 (in!$ 8>% still less can #e in suc# court sue #is own trustee$ * East" 9<=$ A Law Dictionar' Ada ted to t#e Constitution and Laws of T#e +nited ,tates of America and of T#e ,e-eral ,tates of t#e American +nion b': .o#n (ou-ier Re-ised ,i/t# Edition" *012 LE;AL E,TATE defined: ?ne" t#e ri!#t to w#ic# ma' be enforced in a court of law$ It is distin!uis#ed from an e6uitable estate" t#e ri!#ts to w#ic# can be establis#ed onl' in a court of e6uit'$ 8 (ou-$ Inst$ n$ *200$ A Law Dictionar' Ada ted to t#e Constitution and Laws of T#e +nited ,tates of America and of T#e ,e-eral ,tates of t#e American +nion b': .o#n (ou-ier Re-ised ,i/t# Edition" *012 LE;ALI@ATI?N defined: T#e act of ma7in! lawful$8$ (' le!aliAation" is also understood t#e act b' w#ic# a Bud!e or com etent officer aut#enticates a record" or ot#er matter" in order t#at t#e same ma' be lawfull' read in e-idence$ :ide Aut#entication$ A Law Dictionar' Ada ted to t#e Constitution and Laws of T#e +nited ,tates of America and of T#e ,e-eral ,tates of t#e American +nion b': .o#n (ou-ier Re-ised ,i/t# Edition" *012 A+TCENTICATI?N defined: ractice$ An attestation made b' a ro er officer" b' w#ic# #e certifies t#at a record is in due form of law" and t#at t#e erson w#o certifies it is t#e officer a ointed b' law to do so$ 8$ T#e Constitution of t#e +$ ,$" art$ 9" s$ *" declares" DEull fait# and credit s#all be !i-en in eac# state to t#e ublic acts" records and Budicial roceedin!s of e-er' ot#er state$ And con!ress ma' b' !eneral laws rescribe t#e manner in w#ic# suc# acts" records and roceedin!s s#all be ro-ed" and t#e effect t#ereof$D T#e obBect of t#e aut#entication is to su l' all ot#er roof of t#e record$ T#e laws of t#e +nited ,tates #a-e ro-ided a mode of aut#entication of ublic records and office a ers% t#ese acts are #ere transcribed$ 5$ (' t#e Act of Ma' 82" *=<>" it is ro-ided" DT#at t#e act of t#e le!islatures of t#e se-eral states s#all be aut#enticated b' #a-in! t#e seal of t#eir res ecti-e states affi/ed t#ereto: T#at t#e records and Budicial roceedin!s of t#e courts of an' state s#all be ro-ed or admitted" in an' ot#er court wit#in t#e +nited ,tates" b' t#e attestation of t#e cler7" and t#e seal of t#e court anne/ed" if t#ere be a seal" to!et#er wit# a certificate of t#e Bud!e" c#ief Bustice or residin! ma!istrate" as t#e case ma' be" t#at t#e said attestation is in due form$ And t#e said records and Budicial roceedin!s" aut#enticated as aforesaid" s#all #a-e suc# fait# and credit !i-en to t#em" in e-er' court wit#in t#e +nited ,tates" as t#e' #a-e" b' law or usa!e" in t#e

    Certified Mail Article Number: courts of t#e state from w#ence t#e said records are" or s#all be ta7en$D 9$ T#e abo-e act #a-in! ro-ided onl' for one s ecies of record" it was necessar' to ass t#e Act of Marc# 8=" *0>9" to ro-ide for ot#er cases$ (' t#is act it is enacted" ,ec$ *$ DT#at" from and after t#e assa!e of t#is act" all records and e/em lifications of office boo7s" w#ic# are or ma' be 7e t in an' ublic office of an' state" not a ertainin! to a court" s#all be ro-ed or admitted in an' ot#er court or office in an' ot#er state" b' t#e attestation of t#e 7ee er of t#e said records or boo7s" and t#e seal of #is office t#ereto anne/ed" if t#ere be a seal" to!et#er wit# a certificate of t#e residin! Bustice of t#e court of t#e count' or district" as t#e case ma' be" in w#ic# suc# office is or ma' be 7e t or of t#e !o-ernor" t#e secretar' of state" t#e c#ancellor or t#e 7ee er of t#e !reat seal of t#e state" t#at t#e said attestation is in due form" and b' t#e ro er officer and t#e said certificate" if !i-en b' t#e residin! Bustice of a court" s#all be furt#er aut#enticated b' t#e cler7 or rot#onotar' of t#e said court" w#o s#all certif'" under #is #and and t#e seal of #is office" t#at t#e said residin! Bustice is dul' commissioned and 6ualified% or if t#e said certificate be !i-en b' t#e% !o-ernor" t#e secretar' of state" t#e c#ancellor or 7ee er of t#e !reat seal" it s#all be under t#e !reat seal of t#e state in w#ic# t#e said certificate is made$ And t#e said records and e/em lifications" aut#enticated as aforesaid" s#all #a-e suc# fait# and credit !i-en to t#em in e-er' court and office wit#in t#e +nited ,tates" as t#e' #a-e b' law or usa!e in t#e courts or offices of t#e state from w#ence t#e same are or s#all be ta7en$D 1$-8$ T#at all t#e ro-isions of t#is act" and t#e act to w#ic# t#is is" a su lement" s#all a l'" as well to t#e ublic acts" records" office boo7s" Budicial roceedin!s" courts" and offices of t#e res ecti-e territories of t#e +nited ,tates" and countries subBect to t#e Burisdiction of t#e +nited ,tates" as to t#e ublic acts" records" office boo7s" Budicial roceedin!s" courts and offices of t#e se-eral states$D 2$ T#e Act of Ma' 0" *=<8" s$ *8" ro-ides: T#at all t#e records and roceedin!s of t#e court of a eals" #eretofore a ointed" re-ious to t#e ado tion of t#e resent constitution" s#all be de osited in t#e office of t#e cler7 of t#e su reme court of t#e +nited ,tates" w#o is #ereb' aut#oriAed and directed to !i-e co ies of all suc# records and roceedin!s" to an' erson re6uirin! and a'in! for t#e same" in li7e manner as co ies of t#e records and ot#er roceedin!s of t#e said court are b' law directed to be !i-en% w#ic# co ies s#all #a-e li7e fait# and credit as all ot#er roceedin!s of t#e said court$D =$ (' aut#entication is also understood w#ate-er act is done eit#er b' t#e art' or some ot#er erson wit# a -iew of causin! an instrument to be 7nown and identified as for e/am le" t#e ac7nowled!ment of a deed b' t#e !rantor% t#e attestin! a deed b' witnesses$ 8 (ent#$ on E-$ 99<$ A Law Dictionar' Ada ted to t#e Constitution and Laws of T#e +nited ,tates of America and of T#e ,e-eral ,tates of t#e American +nion b': .o#n (ou-ier Re-ised ,i/t# Edition" *012 PR?TC?N?TARF defined: T#e title !i-en to an officer w#o officiates as rinci al cler7 of some courts$ :in Ab$ #$t$ 8$ In t#e ecclesiastical law" t#e name of rot#onotar' is !i-en to an officer of t#e court of Rome" #e is so called because #e is t#e first notar'% t#e ;ree7 word rootos si!nif'in! rimus or first$ T#ese notaries #a-e reeminence o-er t#e ot#er notaries" and" are ut in t#e ran7 of relates$ T#ere are twel-e of t#em$ Dict$ de .ur$ #$t$ A Law Dictionar' Ada ted to t#e Constitution and Laws of T#e +nited ,tates of America and of T#e ,e-eral ,tates of t#e American +nion b': .o#n (ou-ier Re-ised ,i/t# Edition" *012 (reac# defined: T#e brea7in! or -iolatin! of a law" ri!#t" obli!ation" en!a!ement" or dut'" eit#er b' commission or omission$ E/ists w#ere one art' to contract fails to carr' out term" romise" or condition of t#e contract$ (lac7Gs Law Dictionar' ,i/t# Edition H a!e *00I Ma/im of Common-Law Cominum causa Bus constitutum est$ Law is establis#ed for t#e benefit of man$ ,ui .uris" 7nown as: .o#n" of t#e !enealo!' of Doe freeborn s iritual bein! on t#e land state t#e facts contained #erein are true" correct" com lete" and not misleadin!" to t#e best of m' ersonal first #and 7nowled!e and belief$ (ein! of sound mind" com etent" o-er t#e a!e of *0$ T#is m' free will" -oluntar' act and deed to ma7e" e/ecute" seal" ac7nowled!e and deli-er under m' #and and seal wit# e/ licit reser-ation of all m' unalienable ri!#ts and m' s ecific common law ri!#t not to be bound b' an' contract or obli!ation w#ic# I #a-e not entered into 7nowin!l'" willin!l'" -oluntaril'" and wit#out misre resentation" duress" or coercion" w#ereb' I did not si!n nor consent$ I am not now nor #a-e e-er been a +$,$ CitiAen or a Eourteent# Amendment Eederal CitiAen or Em lo'ee" I am not bound b' sworn oat# or oat# of office$ 4#ereas I #ereb' disclaim Clauses ?ne and Two of ,ection ?ne to t#e Eourteent# Amendment" to!et#er wit# Article Eour ,ection T#ree Clause Two$ J4it#out t#e +$,$K ,#ould t#is not be true t#en let t#e record be corrected or it will stand as trut#$ Time is of t#e essence$

    Certified Mail Article Number:

    :eracit'% In m' Pri-ate Ca acit' as ;eneral Administrator of said account Droit" Droit" T#is ser-es Notice t#at 'our offer #as been Acce ted as :aluable Consideration and Returned for :alue$ T#is ro ert' is E/em t from Le-'$ Please AdBust t#is Account for t#e Proceeds" Products" Accounts and Ei/tures and Release T#e ?rderHsI of T#e Court to Me Immediatel'$ Ma7e adBustment and close t#is account immediatel'" wit# reBudice$ I acce t 'our ?at#" ?at# of ?ffice ,ecurit' A!reement" Constitutions as b'laws" and Malfeasance (ond and lace 'ou in t#e Pri-ate commencin! t#is self-e/ecutin! bindin! contract between 'ou and I$ Eurt#er" I a oint 'ou trustee JEull' Personall' Liable NowK on 'our #onor and solemn ?at# to erform 'our obli!ations and duties to Protect M' un-a-lien-able Ri!#ts in 'our Eiduciar' Ca acit' a!ainst an' and all claims" le!al actions" orders" warrants" Bud!ments" demands" liabilities" losses" foreclosure" de ositions" summonses" lawsuits" costs" fines" liens" le-ies" enalties" ta/es" dama!es" interests" and e/ enses w#atsoe-er" bot# absolute and contin!ent" as are due and as mi!#t become due" now e/istin! and as mi!#t #ereafter arise" and as mi!#t be suffered b'" im osed on" and incurred b' Debtor for an' and e-er' reason" ur ose" and cause w#atsoe-er$ Please #onor ?bli!ation of ;ood Eait# in Performance of 'our Duties$ 3uid Pro 3uos" an e6ual e/c#an!e or substitution$ Ma/im of Common Law 3uod er recordum robatum" non debet esse ne!atum$ 4#at is ro-ed b' t#e record" ou!#t not to be denied$ Ma/im of Common Law ,alus o uli est su rema le/$ T#e safet' of t#e eo le is t#e su reme law$ (acon&s Ma/$ in Re!$ *8% (room&s Ma/$ *$ T#is m' free will" -oluntar' act and deed true and lawful attorne'-in-fact to ma7e" e/ecute" seal" ac7nowled!e and deli-er under m' #and and seal" e/ licitl' reser-in! all ri!#ts wit#out reBudice% (':LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL ,ui .uris 7nown as% .o#n of t#e !enealo!' of Doe (ailor for .?CN D?E (ailee L LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL Ran" Roe T#ird Part' 4itness D,ealed and deli-ered in t#e resence of us$D LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL .ames" Roe T#ird Part' 4itness D,ealed and deli-ered in t#e resence of us$D ,TATE ?E ILLIN?I, I I ,,: C?+NTF ?E C??M I CERTIEICATE ?E ACMN?4LED;MENT ?n t#is date t#e indi-idual named abo-e" in #is/#er stated ca acit'" ersonall' a eared before me to e/ecute t#is ac7nowled!ement t#at t#is instrument was si!ned" sealed" and deli-ered as t#eir free will" -oluntar' act and deed to ma7e" e/ecute" seal" ac7nowled!e and deli-er under t#eir #and and seal -erified and aut#enticated for t#e uses and ur oses t#erein mentioned$ ACTA P+(LICA$ LLLLLLLLLLLLLLLLLLLLL DATE AEEIN N?TARF ,EAL IE RE3+IRED LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL ,i!nature of N?TARF P+(LIC Date Commission E/ ires LLLLLLLLLLLLLLLLLL

    N?TICE: Public acts defined: are t#ose w#ic# #a-e a ublic aut#orit'" and w#ic# #a-e been made before ublic officers" are aut#oriAed b' a ublic seal" #a-e been made ublic b' t#e aut#orit' of a ma!istrate" or w#ic# #a-e been e/tracted and been ro erl' aut#enticated from ublic records$ (lac7Gs Law Dictionar' ,i/t# Edition H a!e 82I

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