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    The JOHN DOE (TITLE) CESTUI QUE TRUST 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) 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 administ

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    The JOHN DOE (TITLE) CESTUI QUE TRUST 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) 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 administ

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    The JOHN DOE (TITLE) CESTUI QUE TRUST

    Uploaded by

    in1or
    The JOHN DOE (TITLE) CESTUI QUE TRUST 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) 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 administ

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    The JOHN DOE (=TITLE) (=CESTUI QUE TRUST) created through the BIRTH CERTIFICATE (=TITLE) by the STATE

    OF ILLINOIS (=TITLE). NAMES are SYMBOLS of THINGS. The SOCIAL SECURITY ACCOUNT CARD (=TITLE) JOHN DOE (=TITLE) NUMBER (=TITLE) are all owned and PROPERTY (=TITLE) of the SOCIAL SECURITY ADMINISTRATION (=TITLE) and must be returned upon request. The freeborn spiritual being (Energy/Current) has been AUTHORIZED (=TITLE) USER (=TITLE) The Charge/Source (= BENEFICIARY) of ACCOUNT (=TITLE). 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. REGS defined: Reg. 301.7701-4(a) defines a trust as an arrangement created either by will or inter vivos declaration whereby trustees take title to property for the purpose of protecting and conserving it for the beneficiaries under the ordinary rules applied in chancery or probate courts . . . . Generally speaking, an arrangement will be treated as a trust under the Internal Revenue Code if it can be shown that the purpose of the arrangement is to vest in trustees responsibility for the protection and conservation of property for beneficiaries who cannot share in the discharge of this responsibility and, therefore, are not associates in a joint enterprise for the conduct of business for profit. The regulations emphasize the nonbusiness character of the activity; thus a trust for State law purposes may be treated as a corporation or partnership for federal tax purposes. However, both definitions emphasize a relationship among several parties. Who are the parties to a trust? PARTIES -- Trusts are defined in terms of parties (grantor, trustee, beneficiary) and relationships pertaining to the trust property. GRANTOR -- Every express trust has one or more grantors who contribute the property to the trustee and state the terms of the trust. The grantor is deemed a substantial contributor/disqualified person with respect to the trust, under IRC 507(d)(2)(A). Other names for the grantor include: creator, donor, founder, settlor, Trustor.

    TRUSTEE -- The trustee or trustees receive the property and hold it for the benefit of one or more beneficiaries. The trustee is the legal owner of the property but must use it for the benefit of the beneficiaries. As a fiduciary, he owes the beneficiaries duties of loyalty and care. The trustee may be an individual or organization. RESTATEMENT 378. Trust companies and banks specialize in acting as trustees in addition to conducting banking and loan business. The grantor and trustee ordinarily may be the same person, and may create the trust by declaring that he holds certain property in trust. RESTATEMENT 349(a). The sole trustee and sole beneficiary may not be identical, because the purpose of a trust is to separate the legal and equitable interests. Restatement 115. BENEFICIARY -- The beneficiary, also known as the cestui que trust, is the beneficial or equitable owner of the property. The beneficiary is said to have the "use" of the property, and can appeal to the court for an accounting or replacement of the trustee to ensure proper use of the property. See Black's Law Dictionary (5th Ed. 1979), "use." 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) CESTUI QUE USE defined: Cestui que use. A person for whose use and benefit lands or tenements are held by another. The latter, before the statute of uses, was called the "feoffee to use," and held the nominal or legal title. USER defined: User. The actual exercise or enjoyment of any right, property, drugs, franchise, etc. EXECUTED USE defined: Executed use. The first use in a conveyance upon which the statute of uses operates by bringing the possession to it, the combination of which, i.e., the use and the possession, form the legal estate, and thus the statute is said to execute the use. FEOFFEE TO USES defined: Feoffee to uses. A person to whom (before the statute of uses) land was conveyed "for the use" of a third person. He held the nominal or legal title, while the third person, called the "cestui que use, " was entitled to the beneficial enjoyment of the estate. STATUTE OF USES defined: Statute of uses. An English statute enacted in

    1536 (27 Hen. VIII, c. 10), directed against the practice of creating uses in lands, and which converted the purely equitable title of persons entitled to a use into a legal title or absolute ownership with right of possession. The statute is said to "execute the use," that is, it abolishes the intervening estate of the feoffee to uses, and makes the beneficial interest of the cestui que use an absolute legal title. LEGAL defined:. That which is according to law. It is used in opposition to equitable, as the legal estate is, in the trustee, the equitable estate in the cestui que trust. Vide Powell on Mortg. Index, h.t. 2. The party who has the legal title, has alone the right to seek a remedy for a wrong to his estate, in a court of law, though he may have no beneficial interest in it. The equitable owner, is he who has not the legal estate, but is entitled to the beneficial interest. 3. The person who holds the legal estate for the benefit of another, is called a trustee; he who has the beneficiary interest and does not hold the legal title, is called the beneficiary, or more technically, the cestui que trust. 4. When the trustee has a claim, he must enforce his right in a court of equity, for he cannot sue any one at law, in his own name; 1 East, 497; 8 T. R. 332; 1 Saund. 158, n. 1; 2 Bing. 20; still less can he in such court sue his own trustee. 1 East, 497. 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 LEGAL ESTATE defined: One, the right to which may be enforced in a court of law. It is distinguished from an equitable estate, the rights to which can be established only in a court of equity. 2 Bouv. Inst. n. 1688. 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 Sui Juris, known as: John, of the genealogy of Doe, freeborn spiritual being on the land state the facts contained herein are true, correct, complete, and not misleading, to the best of my personal first hand knowledge and belief. Being of sound mind, competent, over the age of 18. This my free will, voluntary act and deed to make, execute, seal, acknowledge and deliver under my hand and seal with explicit reservation of all my unalienable rights and my specific common law right not to be bound by any contract or obligation which I have not entered into knowingly, willingly, voluntarily, and without misrepresentation, duress, or coercion, whereby I did not sign nor consent. I am not now nor have ever been a CITIZEN nor a U.S. Citizen nor a Fourteenth Amendment Federal Citizen nor Employee, I am not bound by sworn oath or oath of office. Whereas I hereby disclaim Clauses One and Two of Section One to the Fourteenth Amendment, together with Article Four Section Three Clause Two. I do hereby certify, verify, state, claim and declare forever without abandonment; Real Property (on Earth); Personal Property (body); and Ecclesiastical Property (soul) together with all trusts, probate, rights, titles, interests droit, droit both absolute and contingent, Without the U.S. Should this not be true then let the record be corrected or it will stand as truth. Time is of the essence. Veracity; In my Private Capacity as General Executor/Eecutrix of said Cestui Que Trust account Droit, Droit, This serves Notice that your offer has been Accepted as Valuable Consideration and Returned for

    Value. This property is Exempt from Levy. Please Adjust this Account for the Proceeds, Products, Accounts and Fixtures and Release The Order(s) of The Court to Me Immediately. Make adjustment and close this account immediately, with prejudice. I accept your Oath, Oath of Office Security Agreement, Constitutions as by-laws, and Malfeasance Bond and place you in the Private commencing this self-executing binding contract between you and I. Further, I appoint you trustee Fully Personally Liable Now on your honor and solemn Oath to perform your obligations and duties to Protect My un-a-lien-able Rights in your Fiduciary Capacity against any and all claims, legal actions, orders, warrants, judgments, demands, liabilities, losses, foreclosure, depositions, summonses, lawsuits, costs, fines, liens, levies, penalties, taxes, damages, interests, and expenses whatsoever, both absolute and contingent, as are due and as might become due, now existing and as might hereafter arise, and as might be suffered by, imposed on, and incurred by Debtor for any and every reason, purpose, and cause whatsoever. Please honor Obligation of Good Faith in Performance of your Duties. Quid Pro Quos, an equal exchange or substitution. This my free will, voluntary act and deed true and lawful attorney-infact to make, execute, seal, acknowledge and deliver under my hand and seal, explicitly reserving all rights without prejudice; By:__________________________________________
    Sui Juris known as; John of the genealogy of Doe Bailor for JOHN DOE Bailee

    ___________________________________________
    Ran, Roe Third Party Witness "Sealed and delivered in the presence of us."

    ___________________________________________
    James, Roe Third Party Witness "Sealed and delivered in the presence of us."

    STATE OF ILLINOIS ) ) SS: COUNTY OF COOK ) CERTIFICATE OF ACKNOWLEDGMENT On this date the individua na!ed a"#ve$ in his%he& stated 'a(a'it)$ (e&s#na ) a((ea&ed "e*#&e !e t# e+e'ute this a',n#- ed.e!ent that this inst&u!ent -as si.ned$ sea ed$ and de ive&ed as thei& *&ee -i $ v# unta&) a't and deed t# !a,e$ e+e'ute$ sea $ a',n#- ed.e and de ive& unde& thei& hand and sea ve&i*ied and authenti'ated *#& the uses and (u&(#ses the&ein !enti#ned/ 000000000000000000000 DATE AFFI3 NOTARY SEAL IF RE4UIRED 000000000000000000000000000000000 Si.natu&e #* NOTARY 1U2LIC Date C#!!issi#n E+(i&es 000000000000000000

    NOTICE: 1u" i' a'ts de*ined: a&e th#se -hi'h have a (u" i' auth#&it)$ and -hi'h have "een !ade "e*#&e (u" i' #**i'e&s$ a&e auth#&i5ed ") a (u" i' sea $ have "een !ade (u" i' ") the auth#&it) #* a !a.ist&ate$ #& -hi'h have "een e+t&a'ted and "een (&#(e& ) authenti'ated *&#! (u" i' &e'#&ds/ 2 a',6s La- Di'ti#na&) Si+th Editi#n 7(a.e 89)

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