Professional Documents
Culture Documents
*sealed,
suitor
against
*sealed, et al
respondents
To the Honorable Chief Justice at her private chambers and to the Special Clerk and Master
Your orator, the suitor, seeks equitable relief in the nature of exoneration from suretyship and declared to be the
sole exclusive heir and beneficiary to the same subject matter.
Your orator states the following for the Honorable Circuit Justice and Clerk and Master at Chambers in support:
Parties
the suitor and “your orator” Brooks, Byron Gerald, is a private citizen of the United States and private
member of the Union member state of who privately resides within a non-military occupied private estate,
outside a “Federal Zone” at Orleans parish, Louisiana who’s mailing location is 701 Loyola Avenue Suite 52147
New Orleans, Louisiana 70152-2147.
the respondent Honorable John Tarlton Olivier - Clerk of Court, Louisiana Supreme Court (hereinafter
“Administrator”) at the 400 Royal Street Suite 1190 New Orleans Louisiana 70130-8101, and the
Administrators of the State of Louisiana in connection with said Estate.
the respondent BYRON GERALD BROOKS a registered organization of Orleans parish, State of
Louisiana is a decedent’s legal estate (“Estate”) whose principal office is located at State Capitol, in care of the
Chief Executive Officer 900 North Third Street Baton Rouge, Louisiana 70802.
Premises
your orator has mistakenly, and without being fully availed and acknowledged of his equitable defenses,
been imputed serious liability for said Louisiana registered organization decedent’s legal estate person who
putatively was tried, convicted and sentenced on October 27, 2014 in the proceeding styled as “Louisiana
Supreme Court” docket number 519899. Said Legal Proceeding is without the private fundamental civilian due
process protections of the written constitution A.D. 1789 under the rules of Chancery due and owing to your
orator by way of his private citizenship and equitable rights to same said estate as the sole exclusive heir by
maxims “only God can create an heir” and “equity regards the beneficiary as true owner”.
your orator is without an administrator, without a personal representative, without an executor, and
without a trustee to defend his equitable rights, titles, and interest in same said Estate and guard against the
fundamental due process protections secured and protected by his privity to the written constitution as an heir to
the Posterity for which it is intended by its makers and framers as an equitable mortgage/compact.
Statement of Jurisdiction
that this is a suit in equity arising under the constitution of the United States and that where the rights of
the defendant are in jeopardy, and are those of a private citizen, and are of those classes which the constitution
of the United States either confers or has taken under its protection and no adequate remedy for their
enforcement is provided by the forms and proceeding legal in their nature governing a private citizen whose
protections and secured purely legal, the same necessity invokes and justifies, in cases to which its remedies can
be applied, that jurisdiction in equity vested by the constitution of the United States, and which cannot be
affected by the legislation of the emergency provisional congress, the states nor the agencies subject to the law
of the district of columbia. This court has limited jurisdiction and your orator does hereby grant all in personam
and subject matter jurisdiction to this court.
the maxims in support of your orator’s special cause attached herewith by reference and attached hereto
in Annex A. further, your orator does notice that this cause is in accordance with the soul, intent, and spirit of
the rules of the supreme court of the United States number 48 “former rules”and that the Respondents are
believed to be governed exclusively in accordance with the intent of Rule 47 of same.
Statement of Cause
your orator, surety with his original claim against respondent(s) seeking equitable relief from the burden
caused by (i) trespass upon civilian due process of your orators secured fundamental protections of civilian due
process (ii) exoneration of all liability and obligations imputed to your orator either by way of operation of law,
mistake, error or accident, under threat and duress, or fraudulent concealment by Respondents (iii) subrogation
of rights, title and interest of the United States of America (hereafter “Creditor”) against your orator with
respect to an irrevocable obligation arising from a quasi trust relationship conducted by said State military Legal
Proceeding.
your orator states that due to exigent circumstance he is without sufficient relief and without justice
owed and due to him by virtue of his private citizenship and that he is the sole exclusive heir to the Estate and
that without complete justice administered by this Honorable court that your orator may be subject to unjust and
irreparable harm and loss to rights and property.
Verification
the suitor, Brooks, Byron Gerald does hereby affirm under the laws of The United States of America that
the above suit which he states is true and correct so help me God.
Table of Authorities
1. Holy Bible - King James Version 1611 Authorized and Koran of Mecca
2. Holy Bible - King of King”s Haile Selassie, elect of God: 1961 1/2 A.D. Authorized
3. Ethiopian World Federation Incorporated, Preamble, Constitution and By-Laws
4. John Norton Pomeroy Equity Jurisprudence Vol. I-IV 1905
5. Suits in Chancery 2nd Edition 1907 by Henry R. Gibson, Tennessee.
6. Jairus Ware Perry “A Treatise on The Law of Trusts and Trustees Vol. I & II
7. Commentaries on Equity Pleading, and the Incidents Thereof by Joseph Story
10th Ed. Vol. I & II, 1892
8. Gilbert Law Summaries Trust 13th Ed. By Edward C Hallbach, Jr.
9. Maxims of Equity:
1. Equity sees that as done what ought to be done
2. Equity will not suffer a wrong to be without a remedy
3. Equity delights in equality
4. One who seeks equity must do equity
5. Equity aids the vigilant, not those who slumber on their rights
6. Equity imputes an intent to fulfill an obligation
7. Equity acts in personam
8. Equity abhors a forfeiture
9. Equity does not require an idle gesture
10. He who comes into equity must come with clean hands
11. Equity delights to do justice and not by halves
12. Equity will take jurisdiction to avoid a multiplicity of suits
13. Equity follows the law
14. Equity will not aid a volunteer
15. Where equities are equal, the law will prevail
16. Between equal equities the first in order of time shall prevail
17. Equity will not complete an imperfect gift
18. Equity will not allow a statute to be used as a cloak for fraud
19. Equity will not allow a trust to fail for want of a trustee
20. Equity regards the beneficiary as the true owner.
Haeredom Deus facit, non homo. God and not man, make the heir.
Haeres est eadem persona cum antecessore. The heir is the same person with the ancestor.
In restitutionem non in paenem haeres succedit. The heir succeeds to the restitution not the penalty.
The heir and his ancestor are one and the same person. That is, one in right, the heir to the rights of his
Ancestor, just as the king never dies….
As a private American Citizen National Party to the organic unimpeachable written “The Constitution for The
united States of America”, as amended 15 December A.D. 1791 (hereinafter “My Constitution”), said original
root organic de jure Land jurisdiction of the union “ The United States of America” by My country’s written
Articles of Confederation a ratified by all thirteen original states A.D. 1781 hereinafter said written
constitution and articles are collectively referred to throughout this document as “said USA”, as stated herein
this Notice by Declaration herein is to express succinctly with specificity and particularly My Legal and
Equitable Nature and Character, Political wishes, intent, will, purpose and conscience. i do not voluntarily
surrender any part of My sovereignty or Liberties to any non-Republican de facto provisional “emergency”
Martial or municipal government, or international military law of occupation by operation of law or otherwise
and instead at all times i receive the civilian due process protections of My country’s adopted written “The
Constitution for The united States of America, as amended 15 December A.D. 1791”, without waiver of
Article I, Sec. 8 constitutionally limited grant of Powers, on relation to the sovereign Territory of the several
member union States of the country of the United States of America, A.D. 1791; and therefore, i am to be self-
governing in the words within in My nation’s original executed Bill in Chancery genesis root written title
“IN CONGRESS July 4, 1776. The unanimous Declaration of the thirteen united States of America” A.D.
1776 “under the Laws of Nature and Nature’s God” now in its glorious two hundred and fortieth year of our
Lord (Yeshua) Jesus the Christ Advocate My wonderful Counselor.
That, i, byron-gerald, WHEREAS according to trust expert and published modern master of trust law John C.
Hallbach, Jr. (and Albert Lewin 1888 “Law of Trusts” in TOA) states that an arrangement cannot be forced
upon anyone designated trustee, and WHEREAS one who has not previously accepted a trust or contracted in
advance to do so can disclaim and refuse appointment as trustee for any reason (or for no reason) whatsoever
(TOA: Hallbach §149, also see TOA: Lewin, Part II, The Trustee, Chapter XI, pages 270-278), and WHEREAS
a sole trustee and sole beneficiary are one and the same person, the result is a merger of legal and equitable
titles, defeating the trust and creating a fee simple in the person (TOA: Hallabach §66, §274) and WHEREAS
an implied trust arrangement requires an implied trustee must also therefore, logically, also require an implied
Grantor/ Settlor/ Administrator or implied Executor and that said implied trustors can be any government
agency, corporation, legal fiction, or judicial officer in the public and WHEREAS any implied trust relation can
be established as inter vivios TAKE FUTHER NOTICE that i, Brooks, Byron Gerald, HEREBY do hereby
notice all persons and men worldwide of my express disclaimer of all implied and voluntary quasi-trusteeships
and registered agency in character and in nature to artificial persons without my express acceptance and valid
transfer or receipt of res or sufficient consideration under the rules of Amercian exclusive equity for the State of
Louisiana Registered Organizations names including but not limited to “BYRON GERALD BROOKS”,
“BYRON G. BROOKS”, “BROOKS, BYRON GERALD”, “BYRON BROOKS”, and any other legal
derivations; that said disclaimer relates back to the first instance
29 June 1970 in law or implied acceptance, acquiescence and/or conduct without express written consent,
whichever is sooner, due to, including but not limited to a) any voluntary implied/express trusteeship or
registered agency to an artificial person is now mergers and extinguished by private equitable nature of the
relationship of confidence by me, the Cestui Que of same subject matter Registered Organizations, b) based on
what is written on my heart, c) it is my wish, d) good conscience, e) good reason, f) the failure of complete and
clear disclosures to Me, g) the failure of a valid transfer/receipt of res or sufficient consideration to Me, h)
mistake, error, or accident due to the disability of my legal capacity either as a ward, infant, and/or incompetent
by which my parents and I could avail Myself of my rights and options that equity requires in good faith
dealings, i) absence of a de jure legal capacity within the current temporary provisional emergency martial due
process of the current public legal system, j) biblical and koranic principles admonish me from being a surety
for a stranger.