Roark - Kindgom Vs Empire (Feb 2020)

Table of Exhibits
1. Table of C o n te n ts....................................................................................1 37. O p eratio n of T e n d e r ............................................................................. 53
2. In tro d u ctio n .............................................................................................4 38. P ledgor vs M ortgagor vs S u re ty ....................................................... 56
3. Equity H isto ry .......................................................................................... 5 39. F oreclosure W aiver an d C o n s e n t.....................................................57
4. John B o u v ier............................................................................................6 40. R e fo rm atio n .............................................................................................58
5. Henry R. G ibson........................................................................................8 41. Q uiet Title, Minn Rule 8 1 .0 1 .............................................................. 58
6. Judicature: S tate C o u rts.........................................................................9 42. P ersonal A udit of R e c o rd s.................................................................. 62
7. Federal Jurisdiction - Article 111........................................................ 12 43. N otice of T r u s t........................................................................................62
8. Federal Judge is Chancellor inE q u ity ............................................... 14 44. F ederal E quity P ra c tic e ........................................................................65
9. Equitable vs S tatu to ry - G ibson ....................................................... 16 45. S ta rg a te ..................................................................................................... 66
10. V olunteers, Im p erfect T itle s .............................................................. 17 46. T he P ow er of th e Judge in C h a m b e rs.............................................. 68
11. Maxims - Benefits & P riv ile g e s........................................................ 18 47. F ederal E quity R u le s.............................................................................68
12. Valuable C o n sid eratio n ........................................................................19 48. Bill in E q u ity ............................................................................................ 69
13. Maxims o f E q u ity .................................................................................. 19 49. E nd o f W r i tte n ...................................................................................... 71
14. Equitable C onversion...........................................................................21 5 0. D ia g ra m o f J u r is d ic tio n " E n g la rg e d " ......................................... 72
15. TRUSTS.................................................................................................. 22 51. T he P eople D iag ram ..............................................................................73
16. Im plied T ru s ts ....................................................................................... 23 52. Map of Political G o v ern m en t D iag ram ............................................74
17. Equitable L ien ....................................................................................... 25 53. P u tn ey C hart o f th e L a w ...................................................................... 75
18. Exclusive E q u ity....................................................................................25 54. H aynes O utline on E quity C h a rt........................................................ 76
19. UCC 8-501 S ecurities A cc o u n t..........................................................27 55. C itations for T he P e o p le ...................................................................... 77
20. Five Offices of T ru s t............................................................................. 27 56. N ational Citizen w /o T e rr ito ry ..........................................................78
21. Beneficial O w n er...................................................................................28 57. E xam ple Map of C ourts D iag ram ...................................................... 79
22. T racing T ran sm u tatio n s - D octrine of E le ctio n ..........................28 58. SSA L ette r P re su m p tio n o f L ife......................................................... 80
23. A ssignm ent o f Beneficial I n te r e s t................................................... 32 59. JAG...............................................................................................................81
24. T rusts, P erso n 's A gainst W hom T ru s t E n fo rced ......................... 33 60. R oark M e m orandum P re su m p tio n o f D e a th .................................84
25. Root T itle................................................................................................. 34 61. A m jur "A gainst a W in d fall".................................................................94
26. Principal A gent R elation ..................................................................... 35 62. Dobie Judicial P o w e r............................................................................. 95
27. S uretyship............................................................................................... 36 63. Black’s Law - "E x ecu to r"....................................................................102
28. Names & Adult Nam e Change (re v iv o r ] .................................. 38-39 64. D eclaration of M ode o f P ro c eed in g - P r o p r ie ta r y .................... 105
29. Middle Nam es Not R ecognized......................................................... 41 65. Living E state T ru s t M ap..................................................................... 108
30. Id em S o n an s............................................................................................41 66. T em p la te C reation o f Living E state - P ro p r ie ta r y .....................109
31. Notice and its E ffects............................... 42 67. G ran to r Office S teps - P r o p r ie ta r y ................................................. 113
32. D octrine of M erger................................................................................42 68. G ran to r Office P ublication T e m p la te - P ro p r ie ta r y .................. 114
33. in Rem P ro ceed in g ................................................................................44 69. G ran to r's C ertificate o f T r u s t- P r o p r ie ta r y ................................ 115
34. Neil G arfield............................................................................................45 70. G ran to r's A ffidavit of T ru s te e - P ro p r ie ta r y ............................... 116
35. Mortgages - Equity of R e d e m p tio n ................................................. 46 71. E xecutor Office S u m m ary S teps - P ro p r ie ta r y ............................119
36. In stru m en ts of C redit........................................................................... 50 72. E xecutor P ublication No. 1- P ro p r ie ta r y ...................................... 120

73. AEGIS P ro cess public d u e p ro cess te m p la te ...............................121 109. Sam ple USPS 3817 Mailing C ertificate......................................... 190
74. E xam ple Public Due P rocess - P ro p rie ta ry ................................. 122
75. Due P ro cess for C ourt R ecord - P ro p rie ta ry ...............................124

Public Trust Records
76. Notice o f U n reg istered E q u itab le In te re s t - P ro p rie ta ry ........126
110. C ertification of T rust, ex am p le.......................................................191
77. S w orn Public R ecord Living E state T ru s t - P ro p r ie ta r y ........ 128
111. C ertificate of T rust, exam ple re d a c te d ......................................... 192
78. T able o f C o n ten ts of LET - P r o p r ie ta r y ......................................129
112. T ru s te e 's Deed R edacted..................................................................192
79. T able of Res o f LET............................................................................ 133
113. B eneficiary A ssig n m e n tT e m p la te................................................ 195
80. Political S ta tu s ........................................................ 134
114. A cknow ledgem ent A cceptance - P ro p r ie ta r y .......................... 196
81. T able of A u th o ritie s ........................................................................... 142
115. Gibson A b atem en t & R evivor........................................................ 197
82. G ran to r TTGD R ev ersio n ary - P ro p rie ta ry ................................. 143
116. P etition for A batem en t.................................................................... 198
83. G ran to r TTGD S ectio n s of A ffidavit -P ro p r ie ta r y ..................... 144
117. DMV L etter, S u b ro g a tio n .................................................................200
84. G ran to r's TTGD N am e D ocket - P ro p rie ta ry ..............................14-5
118. E n fo rcem en t of D ecrees in E q u ity ...............................................201
85. E xecutor TTGD o f COLB - P ro p r ie ta r y ..........................................146
119. Success 2012 B ritish Colum bia In C h am b ers........................... 203
86. E xecutor TTGD o f E q u itable E state SSA - P ro p r ie ta r y 14-7
120. P etition to Seal - P ro p rie ta ry ................................................209-210
87. E xecutor TTGD o f C o n stitu tio n H eir - P ro p r ie ta r y .................. 148
121. Notice of In d e n tu re - P ro p rie ta ry ........................................ 209-221
88. E xam ple A ccep tan ce an d A ck n o w led g m en t - P ro p rie ta ry ...149
122. P etition for In C ham ber Review - P ro p rie ta ry ..........................221
89. S am ple Civil C over S h e e t.................................................................. 150
123. P riv ate In C ham ber L etter - P ro p rie ta ry ................................... 225
90. S am ple C over L ette r to C lerk...........................................................148
In the Memory of Mahesh, with perm ission
91. Special Cause ex am p le....................................................................... 152
124. D eclaration of M ode o f P ro c e e d in g ............................................. 227
92. Cost Bond T e m p la te - P ro p r ie ta r y ................................................ 153
125. M andam us, M ahesh's O r d e r .......................................................... 239
93. E n d o rs e m e n t te m p la te ...................................................................... 154
94. DMV T em p la te N otice of S u b ro g a tio n ..........................................156

M ilitary Doctrine
95. In C h a m b e rs...........................................................................................157
126. FIOA N um ident R e q u est - P ro p rie ta ry ....................................... 240
96. Gibson S u b ro g a tio n & S u b stitu tio n §962 963 9 6 4 ..................158
127. Form SSA-3000 - P ro p rie ta ry ........................................................241
97. Gibson E x o n e ra tio n ........................................................................... 161
128. R evocation of Election - P ro p rie ta ry ........................................... 242
98. W o rk s h e e ts 'a tr u s t a ris e s ’.............................................................. 164
129. A rtic le III, Ju d ic ia l P o w e r
99. C rim inal D ischarge from S u re ty .....................................................165
130. 1934 E nabling A ct............................................................................ 2 45
131. Article III Judicial P o w e r.................................................................2 4 6

Trust
132. My conclusions, species of Art III.................................................. 247
100. T h re e C rosses - R e d lin e.................................................................... 166
133. Newby v E n ro n .'..................................................................... 2 48
101. D igest o f T ru s t....................................................................................... 167
134. M onjejovO w en ..................................................................................2 4 9
102. V erbal D eposit o f T itle D eed s...........................................................172
135. Bates §658 Judicial P ow er............................................................... 2 5 0
103. A d m in istratio n , Story, P ro b a te ........................................................173
136. Bates §11 Jurisdiction .......................................................................251
104. E q u itab le A s se ts................................................................................... 174
137. N atio n al M utual v T id e w a te r T r a n s f e r ................................... 2 5 4
105. Living E state T ru s t T able o f A n n e x e s..........................................176
138. Sanchez Valle C ase............................................................................. 261
106. S am ple T ru s t In d e n tu re 1 ............................................................... 178
139. Ortiz 2 0 1 8 .............................................................................................268
107. S am ple T ru s t In d e n tu re 2 ................................................................180
140. Fake Law Doppelganger Ju risd ic tio n .............................................274
108. Sam ple T ru s t In d e n tu re 3 ................................................................ 186
141. BATES Ju risd ic tio n .............................................................................277 164. T em p la te Affidavit by B.O - P ro p rie ta ry .......................................320
142. Capitus Diminutio ............................................................................... 281 165. TTGD 1, G ran to r C h a tte l....................................................................321
143. Sam ple E lem ents for N am e P etition - P ro p r ie ta r y ................. 282 166. T em p la te N otary A tteste d C o p ie s..................................................322
144. P robate Judge's O rd er to do Nam e Change - P ro p r ie ta r y 285 167. 1862 Excise Tax Law...........................................................................323
145. PS-1093, Privacy Act R ed lin e......................................................... 285 168. T re a su ry 8 - 3 0 0 0 ..................................................................................331
146. Book E ntry Receipt, M ortgage exam ple - P ro p r ie ta r y 288 169. T re a s u ry C h a p te r 5 0 0 0 ......................................................................3 38
147. Motion for C ontinuance, sam p le - P ro p rie ta ry ......................... 289 170. B allantine F o rm s ................................................................................. 343
148. L etter for Vehicle MSO, sam p le - P ro p r ie ta r y ........................... 290 171. Langdell Bill for a A ccount................................................................ 355
149. P robate C ourt Release A d m in istra tio n ........................................293 172. Suits for an A cco u n tin g ................................................................. .....356
150. Monies, specie, p r o o fs .......................................................................2 94 173. Bill o f Exchange a b s tra c t - P ro p r ie ta r y ........................................3 59
151. A ttorney Gen b o tto m less p o t of m o n e y .......................................295 174. S am ple FOIA for A ccounting in C onnection w ith SSN 3 60
152. Money Specie M em orandum - P ro p r ie ta r y ............................... 297 175. Ju p iter A scending s c r ip t.................................................................... 361
153. D isam biguation of $ ........................................................................... 299 176. Banks of C irculation u p o n M ortgage o r P riv ate C re d it 363
154. Congress Gold D ollar......................................................................... 300 177. R em edies for B reach of T r u s t ..........................................................3 64
155. Law of T e n d e r ..................................................................................... 301 178. ESTATE IEN....................... 365
156. F oreclosure W aiver and C o n s e n t.................................................. 310 179. Last Will an d T e sta m e n t of Jesus C h rist....................................... 370
157. T em plate A bsolute Deed - P ro p rie ta ry ........................................311 180. S am ple Special D eposit for C redit on A c c o u n t...........................373
158. Sample S ubrogation of SSA - P ro p r ie ta r y ................................... 312 181. M acLeod "T heory o f C r e d it...............................................................374
159. Mn Form s Rule 81.01 Form 2 3 ....................................................... 313 182. D ictionary o f Political E conom y - Bill of E xch an g e.................. 391
160. Success - R edacted Notice to P reserv e I n te r e s t........................316 183. V alues of Gold D ollar...........................................................................3 96
161. Success - R edacted T ru s t for P o ssessio n ..................................... 317
162. USPS 3817 Title T ran sfe r Deed T em p la te - P ro p r ie ta r y 318

The End
163. S ubstitute W 8-BEN............................................................................ 319
THREE DAY INSTRUCTIONAL ON EQUITY
F eb ru ary 9 ,1 0 ,1 1 - 2020 H ouston
DAY ONE
In structor/O rato r - Skype ID “bigpow erplants” “KR E dw ards”.
G reetings & B lessings A ttendee,
T hank you for m aking th e jo u rn ey h ere; I'm deeply grateful w e a re h e re to g e th e r in this learning en vironm ent. W e are
em b ark in g on a jo u rn e y back to w h e re w e sta rte d on th e day o f o u r nativity: th e rig h ts w e had a t th a t m o m en t w e re of the
highest, p u re st, and u n alien ab le rig h ts an d sta tu s en fo rceab le in A m erican co u rts th a t exists n o w h ere else in th e histo ry of the
w o rld ex cep t h e re u p o n O ur Land. T he U nited S tates o f A m erica is a genius estab lish ed p riv ate tru st/m o rtg a g e /c o v e n a n t
e stab lish ed u n d e r th e ru les of e q u ity /c h a n c e ry signed by m ultiple jo in d e rs & w itn esses, in ten d ed for, and w illed to, the
P o sterity as h e irs in Equity, an d it safeg u ard s, secu res, and p ro te c ts y o u r u n alien ab le "beneficial" rights. U nfortunately, thru
ig n o ran ce and neglect, n o b o d y ta u g h t you th a t civilian judicial pow er, core p riv a te rights, tru st/m o rtg a g e /c h a n c e ry practice
and law s, NOT com m erce, g overn th e essen ce of th e e n tire W estern W orld since Jesus C hrist— YESHUA— b ro u g h t th e "new
covenant" in th e face o f R om an M ilitary an d e stab lish ed Jewish T o ra /T a lm u d and old trad itio n s.
Since o u r nativity o r n atu ralizatio n on This Land, o p eratin g u p o n us, w ith o r w ith o u t o u r know ledge, are only tw o com peting
realm s o f law - "At Law" o r "In Equity"; th e W ritten Law v e rsu s th e U n-W ritten Law; th e E n u m era ted Law versu s th e Un
e n u m e ra te d Law; th e Fictional Realm v e rsu s th e S ub stantiv e Realm, th e Civilian Judicial P o w er v ersu s th e non-judicial
p o w e r Laws o f th e U n ited States.
I g e t a sk e d a b o u t "legal" an d h o w it fits in: h e r e ’s m y r e sp o n se , "wrong ju n g le”: "Im agine a crew clearing a path through
a thick d en se scorch in g h o t jungle. T he w o rk e rs a re hacking aw ay w ith th e ir m achetes, w hile th e m an ag ers a re making
schedules and en co u rag in g th e m ach e te w ield ers. The le a d e r clim bs th e talle st tre e , looks aro u n d and hollers dow n to the
crew below , "W rong jungle! ['T he Seven H abits of Highly Effective People,' Stephen R. Covev]
As y o u r in s tru c to r m y objective d u rin g th e n ext tw o days is th a t w e recognize th e tw o Realms d istinctly and b enefit gloriously
from th is a w a re n e ss an d skill.
1. In th e one realm , E m pire, th e re is M unicipal. Code Practice. C om m erce. W ar Pow ers, general public. At Law. Legal Maxims,
Mode. Practice an d P ro ced u re. Legislative, T errito rial, D istrict of Columbia, and
2. In th e o th e r realm , K ingdom , th e re is In h e re n t Equity. Private. S ubstantive. Equity Maxims, unalienable d o ctrin es principles,
Mode. Practice and P ro ced u re, ludicial Pow er. Core P rivate Rights.
3. T his educational tim e to g e th e r is a b o u t u n d e rsta n d in g new Laws an d guiding Principles from a m assive estab lish ed volum e of
Ju risp ru d en ce called "Equity." This Realm shall be y o u r n ew Realm as a practicing u n in co rp o rate d priv a te orth od ox
A m erican c itizen o f th e U n ited S ta tes an d n a tio n a l o f o n e o f th e u n io n m em b er States, o f a ju d icial n atu re, privately
r e sid in g and p r iv a tely d o m icilin g w ith in a n o n -m ilita ry o ccu p ied p riv a te area n o t su b ject to th e ju risd ictio n o f the
m ilita ry m u n icip a l "laws o f th e U nited States" m o d e, p ro c e ss, and p roced u re:
C o p y C la im ed February 2020
4. Definition of "Winning" - 1] A b atem e n t - POOF; 2) p riv a te d e c re e /o rd e r, arisin g from p riv a te pro confesso d e c re e in C hancery’s
exclusive and original jurisdiction, u n d e r th e ru les o f equity, be it in any sta te o r federal eq u ita b le ju risd ictio n ; 3) P o ssessio n
and Control.
5. Equity delights in effecting com plete justice w ith th e sm allest am o u n t o f litigation o r expense.
EQUITY HISTORY
a) Aristotle (384 BC) “Equity”: A ristotle had said, equity is the correction of the general words w hen the m a tte r
falls outside th eir sense.
b) Joseph Story “Thus A ristotle h as defined the very n atu re of equity to be the correction of the law w herein it is
defective by reason of its universality.
c) Sir Edward Coke, 1552 - 1634: S urrogate's Court of the City of New York, New York County Septem ber 1917.
“The Law of N ature is th a t which God a t th e tim e of creation of the n a tu re of m an infused into his h eart, for his
preservation and direction...m oral law, call also th e law of na tu re .” The dep artu res from th e express command
of the statute are determ ined by no principle of th e law of evidence, b u t by principles of an equitable character,
excogitated by the judges them selves from those ideal juristic conceptions, known roughly to us as equity, and
once as the "law of nature."
d) Bible - New Testam ent, New Covenant
i. The story of the Stoning of th e A dultering Woman. Jesu s used the “God conscious m ind” to judge, not the
Common Law, P harisees or Rome (m artial).
ii. The law of first mention, from m at 3:15 - th e first use of the word “righteousness” (Grk - “D ikaiosune”) in
the N.T., from th e G reek dictionary m eaning - EQUITY of character or act; specifically character,
justification: righteousness.
iii. In Ecc 2:21 “Equity” ( or “kash er” ) - a prim e root - proper, to be straig h t or right; by im plication to be
acceptable; also to succeed or prosper: direct, be right, prosper.
iv. Proverbs L3 “To receive instruction in wise behavior, Righteousness, justice and equity.”
v. Proverbs 2:9 “Then you will discern righteousness and justice and equity and every good course.”
vi. Psalm 98.9 “ ... for He cometh to judge th e earth: w ith righteousness shall He judge th e world and the
people w ith equity.”
vii. Announce th a t I am free of all the charges ag ain st me—only You can see into my h e a rt to know th a t to be
true. T reat me w ith fairness; look a t me w ith justice. Psalm 17:2.
viii. Let my sentence come out of your presence. Let your eyes look on equity. Psalm 17:2
ix. Psalm 72: 2 “May he judge Your people w ith righteousness And Your afflicted w ith justice.” 4 “M ay he
vindicate th e afflicted of th e people, Save th e children of the needy and crush the oppressor.” 12 “For he
will deliver th e needy when he cries for help, the afflicted also, and him who h a s no helper.”
x. Sometimes th e sam e word is rendered in one version “ equity,” and in another “uprightness2 [Psalm 111:8]
or “justice3. [Psalm 89:14]
Copy Claimed February 2020 -005-

xi. It must regard man as a rational moral being; take him as such, tre a t him as such, and allow him to live
and die as a m an. He derives his n a tu re and his nom enclature from God; and until Government h a s power
to change his n atu re, it ought not to be am bitious to change his name. A man cannot testify in a Court of
Justice, unless he believe in a God — and in the S tate of New York in former years many respectable
persons w ere declared to be incom petent w itnesses because they did not believe in a state of future rew ards
and punishm ents. Even under the present laws of the State, the witness must believe in a God who will
punish false swearing, or he is incompetent.
JO H N BOUVIER
a. In stitu te s of A m erican Law 1882, Volume II, §3724, P ar 4 “The Law is nothing w ithout equity, and equity is
everything, even w ithout Law. Those who perceive w hat is ju st and w hat is unjust only through the eyes of
th e law, never see it as well as those who behold it w ith the eyes of equity. Law may be looked upon, in
some m anner, as an assistance for those who have a weak perception of right and wrong, in the same way
th a t optical glasses are useful for those who are shortsighted, or those whose visual organs are deficient.
Equity, in its tru e and genuine m eaning, is the soul and spirit of the law ”
b. "Equity exercises an exclusive jurisdiction in all cases of mere equitable rights, th a t is, such rights are not
recognized in courts of law. M ost of th e cases of tru s t and confidence fall under this head. Its exclusive
jurisdiction is also exercised in g ran tin g special relief beyond the reach of the common law."
c. E x A equo E t Bono is a L atin term which m eans w h at is ju st and fair or according to equity and good
conscience. Som ething to be decided e x aequo e t bono is som ething th a t is to be decided by principles of
w h a t is fair and ju st. A decision-m aker who is authorized to decide ex aequo e t bono is not bound by legal
rules b u t may tak e account of w h at is ju st and fair. Most legal cases are decided on the strict rule of law.
For exam ple, a contract will be enforced by the legal system no m a tte r how unfair it may prove to be. But a
case to be decided ex aequo e t bono, overrides the strict rule of law and requires instead a decision based on
w hat is fair and ju s t und er th e given circum stances.
d. "Maxims are rules or principles of law universally adm itted as being ju st and consonant w ith reason, they
are so m eth in g like axium s in geom etry. M any m axim s are m erely the statem ent, in short of pithy
sentences, of principles which claim th e assent of mankind. These existed before the law, for, it has been
well observed, nations have been found w ithout laws, none w ithout maxims. Such maxims may be
considered as fragm ents of th e n a tu ra l law which was prom ulgated a t the beginning of the world.
i. M axim s of Law from Bouvier's 1856 Law Dictionary
ii. HAERES civil law. An heir, one who succeeds to the whole inheritance.
iii. H aeredem Deus facit, non homo. God and not m an, m ake the heir.
iv. H aeredem est nom en collectivum. H eir is a collective name.
v. H aeris est nom en juris, filius est nom en n aturae. H eir is a term of law, son one of nature.
vi. H aeres est a u t ju re proprietatis a u t jure representationis. An heir is either by right of property or
rig h t of representation. 3 Co. 40.
C la im ed February 2020
vii. H aeres est a lte r ispe, et filius e st p ars patris. An heir is an o th er self, and a son is a part of the
father, [heirs, legacy, parentage]
viii. H aeres est eadem persona cum antecessore. The heir is the sam e person w ith the ancestor. Co.
Litt. 22. [legacy and parentage]
ix. H aeres haeredis mei est m eus haeres. The heir of my heir is my heir.
x. H aeres legitim us est quem nuptiae dem onstrant. He is the lawful h eir whom the m arriage
dem onstrates, [holy m atrim ony creates a lawful heir]
xi. In restitutionem , non in paenam h aeres succedit. The heir succeeds to the restitu tio n not the
penalty. 2 Co. Inst. 198.
xii. For where a testam en t is, th ere m ust also of necessity be the death of the testato r. Hebrews 9H6
xiii. For a testam en t is of force after m en are dead: otherw ise it is of no stren g th a t all while the
testato r liveth. Hebrews 9:17
xiv. Psalm s 119:111 Your sta tu te s are my heritage forever; they are the joy of my h eart, (the law you
follow (to Judge))
xv. Romans 8U4 For those who are led by the sp irit of God are the children of God.
xvi. Proverbs 10:17 W hoever heads discipline shows the way to life, b u t whoever ignores
CORRECTION leads others astray, (to Judge)
xvii. Timothy 3:16 All scriptures is b reathed out by God and profitable for teaching, for report, for
CORRECTION, and for train in g in RIGHTEOUSNESS (to Judge)
xviii. Philippians 3:20 For our CITIZENSHIP is in heaven, (to Judge)
xix. Ephesians 5U Therefore, im itate God like dearly loved children.
xx. (You come as an im itator of God, under his instructions, and enforcing his will.) (to Judge)
xxi. Acts 5;29 We m ust obey God instead of hum ans! (we m ust follow Gods law (Rule of Equity) instead
of M ans law (Rule of law).
xxii. Proverbs 8:8 All words of my m outh are righteous, nothing on them are tw isted or crocked. (I come
w ith clean hands, and good heart, and good conscious) or (Sw earing-in in Court) (say to Judge)
xxiii. Ephesians 6:2-3 Honor your fa th e r and mother, th a t it m ay go well w ith you and th a t you m ay live
long in th e land, (say to judge) (honoring your m other and fath e r for nam e change)
xxiv. G alatians 4-7 I am no longer a slave b u t a son, and if I’m a son, th en I am also an heir, through
God (Accounting)
xxv. Proverbs 2:8 He protects th e p ath s of justice and guards the way of those are loyal to him.
xxvi. Ephesians D l l I have been predestined by God to obtain an Inheritance. (Accounting)
xxvii. Ephesians V-l I am redeem ed and forgiven by the grace of God (Accounting/Equity)
e. “When two rights concur in one person, it is the sam e as if they were two sep a ra te persons. 4 Co. 118.
[Bouvier’s M axims of Law, 1856]
i. The word "homo" corresponds to th e English word "man," and, as th e Rom ans expressed i t , " unus
hom o su stin e tp lu re sp e rso n a s>" i.e., one m an has m any persons, or su stain s m any statu ses, or
m any different conditions (34) AUSTINS JUR., 362)

f. “To m ake a law, th ere m ust be a superior, who has authority to m ake it. and an inferior, who is bound by it.
To complete th e definition of law, we m ust say th a t it is a rule prescribed by a lawful superior. God is the
first superior.” In stitu tio n s of A m erican Law, Vol. I, (1851) by John Bouvier.
HENRY R. GIBSON
g. HENRY RICHARD GIBSON (DECEMBER 24, 1837 - MAY 25, 1938) served as a state chancery court
judge an d w as a delegate to Tennessee’s 1870 constitutional convention. Outside of politics, he wrote and
edited several books on federal and state law.

§ 8. The Divine Law of Justice the Rule of Decision.—The statement, often
made, that the Court of Chancery was established to mitigate the rigor of the
common law, and to supply its defects, is not wholly true.48 This Court was
established to do justice, regardless of any and all law. The King deemed it a
duty imposed upon his conscience, both by his oath and by religion, to “ decree
ju stice,” and in decreeing justice he deemed him self bound rather by the
D ivine Law than by human law ;49 and, when the Chancellor acted in his stead,
he based his decisions, not upon the law of the land, but upon honesty, equity
and conscience, for so was he commanded to do in exercising the K in g’s pre
rogative of Grace.50 In short, the Chancery Court was established rather as a
Court based on the precepts of Religion than as a Court based on the rules of
Law.*1
It is unquestionably true that the harshness of the common law, its unfitness
to cope with fraud, its incapacity to do justice in many cases, the defects in
its remedies, the opportunities it gave the strong to oppress the weak, and its
general inadequacy to meet the requirements of equity, greatly contributed to
perpetuate the existence of the Chancery Court, and to enlarge and justify its
jurisdiction. Nevertheless, the vital principle from which the Court sprung
was the prerogative doctrine that the K ing was the “ fountain of ju stice;” and
that, when a citizen could not get justice in the ordinary Courts, he might come
to this fountain.52 The King, in adm inistering justice in such cases, deemed
him self above all the law s and customs of his realm, and bound only by his
conscience and his will. As it was not a matter of right in a citizen to draw on
this reserve source of justice, when remedy was given it was deemed “ granted
h as of G race.” 53
i. §3. “th is delegation of auth o rity w as m ade in the year 1348, and, in the next fifty years, the equity
jurisdiction of th e chancellor w as clearly established.”
j. §5. Equity ignores fictions: The common law was then utterly incapable of doing complete justice in many
cases; and, in not a few cases, it furnished no rem edy or relief w hatever. It had certain rigid molds or
form ulas, into some one of which every cause of action had to be cast; and if the cause could not be run into
any of these molds, th ere w as no redress; and if it could be ru n into one of the molds, only such redress as
th e form ula gave could be had, regardless of the equities of the case, and the real rights of the parties. The
fictions, form alism s and a rb itra ry technicalities of the common law, and its dialectical refinem ents, were
inexplicable and incom prehensible jargon to the public, and often a costly mockery of justice to the litigants.
Those who asked for bread were often given a stone, and those who applied for a fish sometimes received a
serpent. Equity, on th e other hand, disregarded forms, ignored fictions, subordinated technicalities to the
requirem en ts of justice, and indulged in no dialectical refinem ents. Its pleadings were simple and natural,
an d its doctrines were founded upon the eternal principles of rig h t as interpreted by a lofty Christian
morality. Its g reat underlying principles, the constant sources, th e never-failing roots of its particular rules,
w ere th e principles of equity, justice, m orality and honesty, enforced according to conscience and good faith,
C o p y C la im ed Feb ru a ry 2020
and so adapted to th e requirem ents of each case and the complications of business affairs, th a t th e rights
and duties of all the p arties were fully determ ined.
k. Footnote 31. Blinded Justice, w ith sword in one han d and scales in the other, condem ning all in one scale
and rew arding all in th e other scale, is th e divinity of the Courts of law. The divinity of the C ourts of
Chancery, on th e other hand, is open-eyed Equity, having neith er sword nor scales, w earing the b re a st
plates of good reason and good conscience, using both hands to remove all forms, cloaks, veils, technicalities
and subterfuges, th a t conceal or d istort th e real facts and circum stances of the case before her, separating
the pure grains of tru th from th e straw and chaff of fraud and artifice, and apportioning to each party,
w hether com plainant or defendant, w hat is good reason and good conscience is his ju s t due.
1. §35, “Chancery h as been th e handm aid of all courts in affording process to m eet exigencies. She h a s done
so in th e face of tyranny, to break loose the iron han d of power w hen grasping ag ain st conscience.”
Duty Right
1 Trustee B e ne ficia ry o r C e stu i Q u e Trust
2 O b lig o r O bligee
3 C o v e n a n to r C o ven a n te e
4 P ro m iso r P rom issee
5 M o rtg a g o r M ortg ag e e
6 D ebto r C re d ito r
7 D efendant P la in tiff
8 AGENT PRINCIPAL
9 Su b ro g or Subrogee
10 E xecuto r o r Executrix H eir
11 D ra w e r D raw ee
12 Tra n sfe ror Transferee
13 D onee D on or
THE EQUITY JURISDICTION IN THE M ODERN 21 st CENTURY

6. HARVARD LAW REVIEW LAW and MORALS. Such an opinion betrays a singular failure to appreciate the
fundam ental difference betw een law and equity, namely, that the law acts in rem, while equity acts in personam.
The difference betw een th e judgm ent a t law and th e decree in equity goes to th e root of the whole m atter. The law
regards chiefly th e rig h t of th e plaintiff, and gives judgm ent th a t he recovers the land, debt, or dam ages, because
they are his. E quity lays th e stress upon th e duty of the defendant, and decrees th a t he do or refrain from doing a
cei'tain thing because he ought to act or forbear. It is because of this em phasis upon the defendant’s duty th a t
equity is so m uch more ethical th a n law.
7. Courts of equity possess powers far more im portant, and infinitely more essential, to th e complete ad m inistration of
justice, th en any ever created or conferred by legislative enactm ent.
STATE COURTS— JUDICATURE— CONFLICT

8. 1957 Suprem e C ourt of Michigan, HACK VS. CONCRETE WALL: “MAXIM: EQUITY FOLLOWS TH E LAW” This
maxim, “equity follows th e law”, unlike equity’s rem aining maxims, is lim ited in its application and operates w ithin
vei-y narrow lim its. A dverting to Pomeroy (l Pomeroy’s E quity Jurisprudence [4th ed], § 427, pp 796, 797): “The
maxim is, in tru th , operative only w ithin a very narrow range; to raise it to the position of a general principle would
be a palpable error. T hroughout th e g reat m ass of its jurisprudence, equity, in stead of following the law, eith er
ignores or openly disregards and opposes th e law. As was shown in th a t portion of th e introductory ch ap ter which
C o p y C laim ed February 2020 -009-

deals w ith th e n a tu re of equity, one large division of the equity jurisprudence lies completely outside of the law; it is
additional to th e law! and w hile it leaves th e law concerning the sam e subject m atter in full force and efficacy, its
doctrines and rules are constructed w ithout any reference to the corresponding doctrines and rules of the law.
A nother division of equity jurisprudence is directly opposed to the law which applies to the same subject m atter; its
doctrines and rules are so contrary to those of the law, that when they are put into operation the analogous legal
doctrines and rules are displaced and nullified.”
9. (continued). 350 Mich. 118 (1957) 85 N.W.2d 109 HACK v. CONCRETE WALL COMPANY. Docket No. 89,
C alendar No. 47,077. Suprem e C ourt of Michigan. Decided October 7, 1957. Rehearing denied November 26, 1957.
As to Robinson, we ap prehend th a t it is more accurate to say th a t the case has never been challenged or overruled
and th a t it fully su sta in s equity's broadly exercised jurisdiction where the related remedies of reimbursement,
exoneration, contribution, or subrogation are properly invoked. W hether the suit be term ed one for reimbursement
or otherwise, th e reasons underlying equity's jurisdiction are the same.
10. (continued) Pomeroy says (5 Pomeroy's E quity Jurisprudence [4th ed], Equitable Remedies [2d ed], § 911, pp 5162,
5163): "In general. — U nder th e early jurisdiction a t law, in the absence of express contracts for indem nity or
exoneration, it w as left to th e caprice of th e creditor to determ ine upon which of several parties bound for the same
obligation th e b urden should fall, th e loss being left w herever the creditor, by his choice of a defendant, might put it.
This inadequacy of rem edy on th e p a rt of th e victim, and consequent failure of justice, became, however, a ground
for the interposition of equity, and the proper readjustment of such burdens was, a t an early day, an im portant field
of equitable jurisdiction. The efforts of courts of equity have been directed toward placing the loss, as far as possible,
on the parties ultim ately liable, — or as betw een 2 or more not ultim ately liable, on the party whose liability is prior
— and, as betw een p arties equally liable, tow ard distributing the loss equally among them . The form er result is
reached by an action for reimbursement, and the la tte r by an action for contribution. Both of these results are
assisted by th e action for exoneration, and th e remedial process of subrogation." The text ju st quoted m akes up the
lead p arag rap h of chap ter headed "Suits for reimbursement, contribution, exoneration, and subrogation." Section
920 (p 5183) in th e ch ap ter pursu es our search to fruitful end. We quote: "Subrogation. — W hen an obligation is
discharged by one not p rim arily liable for it, b u t who believes him self to be acting either in performance of a legal
duty, or for th e protection of a legal right, or a t the request of the p arty ultim ately bound, and even in certain other
cases, favored by public policy, w here none of the above circum stances may be present, the party th u s discharging
the obligation is en titled in equity to dem and, for his reimbursement, and subject to any superior equities, the
perform ance of th e original obligation, and the application thereto of all securities and collateral rights held by the
creditor. The sam e equity which seeks to prevent the unearned enrichment of one party at the expense of another,
by actions for reimbursement, contribution, and exoneration, operates here, by creating a relation somewhat
analogous to a constructive trust, in favor of th e subrogee, or p arty making the payment, in all legal rights held by
the creditor, and th e subrogee may proceed to enforce the trust." In the second place — and this we affirm with
emphasis — th e right of appeal to equity by proper bill, and the right of review de novo of an equity case, are ju st as
sacred as is th e rig h t of tria l by jury. E quity looks specially to the intent, and seeks evidence w ith respect thereto.
Law lim its its inquisition to legalistic forms and rights. The acoustically sensitive walls of equity's cathedral are
tuned to benign sounds law cannot hear, and w itnesses regularly speak to chancellors of circum stances deemed
C o p y C la im ed F ebruary 2020
irrelevant in common-law courts. She im putes intention to fulfill express or im plied obligations! w hereas the same
obligations may not be enforceable elsew here for sometimes primitive legal reasons. H er chancellors seek to provide
and insure fair dealing when the forms of law are sometimes supine and lifeless. Though equity customarily follows
the law, it is not so "slavishly nor always."
11. (continued) "Generally, in all matters in which there is any conflict or variance between the rules of equity and the
rules of the common law with reference to the same matter, the rules of equity shall prevail." (l Pomeroy's Equity
Jurisprudence [5th ed], p xxiv). Equity shall not be eroded, so long as her defenders stand vigilant (Pomeroy, sam e
page). Withal, these plaintiffs have properly and vainly insisted upon determ ination of th e ir asserted rig h ts in
equity and having duly brought th e question to us for review, th is Court is bound to uphold the bill they have filed
as against defendant’s said motion. The fact is that an order for transfer from equity to law or law to equity is
properly reviewable by application and grant of leave in nature of mandamus, [segway, M aryland “O rder” Ja n u a ry
2017).
12. Cases Argued and Decided in th e Suprem e Court of M ississippi, Volume 9 By M ississippi. Suprem e C ourt Book page
696. "The general rule of equity, as I u n derstand it, is th a t no m an shall proceed to get a legal title to lands to which
another has a prior and superior equitable right, if he knows of such superior equity, b u t th a t he shall desist so soon
as he is informed thereof! and if he proceeds after such knowledge, his legal title will not avail him in a court of
chancery, but th at the question there, notw ithstanding such legal title so acquired, will be decided in favor of the
person having superior equity, and th a t the notice which shall th u s affect th e p arty who gets th e legal title, is either
express or implied."
13. Pomeroy §297. Effect of S tate Laws. — On th e oth er hand, the affirm ative form of th e rule h as also been uniform ly
asserted and m aintained, th a t th e equitable jurisdiction exists and will be exercised in all cases, and under all
circumstances, where th e rem edy a t law is not adequate, complete, and certain, so as to m eet all the requirem ents of
justice. That there is a legal rem edy is not enough! ... The tests of the relative jurisdiction over su its a t law and in
equity are, — 1. The subject-m atter! 2. The relief! 3. Its application! 4. The competency of a court of law to afford it.”
14. JUDICATURE ACT 1873/5 “Generally, in all m atters in which th ere is any conflict or variance betw een th e rules of
equity and the rules of the common law w ith reference to the sam e m atter, the ru les of equity shall prevail.’”
RUDISILL v. WHITENER, 146 N.C. 403 (1907), Suprem e C ourt of N orth Carolina, ‘Generally, in all m a tte rs in
which there is any conflict betw een the rules of equity and the rules of the common law w ith reference to the sam e
matter, the rules of equity shall prevail.’”
a. STATE EX REL. KNOX v. SPEAKES ET AL, 144 Miss. 125 (1926), Suprem e C ourt of M ississippi, “The
distinction betw een law and equity and actions a t law, and suits in equity and th e forms of all actions and
suits heretofore existing in th is state, are hereby abolished, and there shall be in th is sta te h ereafter but
one form of action for th e enforcem ent or protection of private rights and the redress of private wrongs,
which shall be denom inated a civil action! and all courts which are vested w ith civil jurisdiction shall
adm inister both law and equity in th e sam e suit and for eith er party, and w hen th e rules of law and equity
in any case shall differ, th e rules of equity shall prevail.

b. EX PARTE SEDILLO, 34 N.M. 98 (1929), Suprem e Court of New Mexico, “Generally in all m atters in which
th ere is any conflict of variance betw een the rules of equity and the rules of the common law, with reference
to th e sam e m atter, the rules of equity shall prevail.”
c. HACK v. CONCRETE WALL COMPANY, 350 Mich. 118 (1957), Supreme Court of Michigan, “Generally, in
all m a tte rs in which th ere is any conflict or variance betw een the rules of equity and the rules of the
common law w ith reference to th e sam e m atter, the rules of equity shall prevail.”
d. After a long struggle, with the history of which we are all familiar, equity triumphed.
FEDERAL - ARTICLE III - SOVEREIGN JUDICIAL POWER

15. ... citizens of the District of Columbia were not granted the privilege of litigating in the federal courts on the ground
of diversity of citizenship. Possibly no better reason for this fact exists than such citizens were not thought of when
the judiciary article [III] of the federal Constitution was drafted.... citizens of the United States** ... were also not
thought of; b u t in any event a citizen of th e U nited States**, who is not a citizen of any state, is not w ithin the
language of th e [federal] C onstitution. [Pannill v. Roanoke, 252 F. 910, 914] d. c. VA. 1918]
16. “We therefore decline to overrule th e opinion of Chief Justice M arsh all We hold th a t the District of Columbia is not
a sta te w ithin Article 3 of th e C onstitution. In other words, cases between citizens of the District and those of the
state s w ere not included of th e catalogue of controversies over which the Congress could give jurisdiction to the
federal courts by virtue of Article 3. In other words, Congress has exclusive legislative jurisdiction over citizens of
W ashington D istrict of Columbia and through th eir plenary power nationally covers those citizens even when in one
of th e several sta te s as though th e district expands for the purpose of regulating its citizens wherever they go
throughout th e sta te s in union”. N ational M utual Insurance Company of the District of Columbia v. Tidewater
T ran sfer Company, 337 U.S. 582, 93 L. ED. 1556 (1948).
17. [My Conclusions] Suprem e C ourt of U.S. “O rtiz v U.S.” 2018. The People:
a. Are not D istrict C itizens (although we can ingress into it)
b. Are not subject to T errito rial Jurisdiction (although we are free to ingress into it)
c. Are Aligned w ith, and Beneficiaries of, th e Official "government of the United States”
d. Are exclusive to only to b irth rig h t "Civilian Judicial Power of Article 3”
e. Are exclusive only to b irth rig h t "Civilian Due Process" 6) Are not Enrolled in the Military
f. Are exclusively Union Citizen N ationals of the several states adopted by the Organic law.
g. Are exclusively P riv ate Civilian Citizens of the U nited States
h. They considered “th e power to act conclusively against [private] rights [as] the core of the judicial power.”
Ibid.
i. Are ingressed and regressed in relation to th e ir native birth Union state and current Resident state.
j. Congress is exem pted and excepted, so we tem porarily re-invoke, or Suspend their exemption.
k. The Founders’ u n d erstan d in g of judicial power was heavily influenced by the well-known distinction
betw een public and private rights.
C o p y C laim ed F ebruary 2020 -012-

1. Public rig h ts ‘“belong to the people a t large,’” while private rights belong to ‘“each individual.’” Wellness,
575 U. S., a t (opinion of THOMAS, J.) (slip op., a t 9). The th ree classic private rights—life, liberty, and
property—are “‘unalienable’” and ‘“absolute,”’ as they are “not dependent upon the will of the governm ent.”
Ibid. The Founders linked the disposition of private rights w ith the exercise of judicial power.
18. Suprem e C ourt of U.S. “Puerto Rico v Sanchez Valle” 2015.
a. The te rrito rial and federal law s are creations em anating from the sam e sovereignty.
b. U ltim ate source of territo rial and federal law is Congress.
c. The "test" of sovereignty is w here it came from: "W ellspring A uthority."
d. "U ltim ate Source" of auth o rity determ ines power. U.S. v W heeler.
e. "States" an d "Nations" are kindred system s, p a rt of one whole.
f. The in h a b ita n ts of th e territory, to form for them selves a constitution and sta te governm ent, fram ing a
constitution, Congress and th e P resid en t review and approve it before allowing the T erritory to become a
full-fledged State, th e C onstitution is ultim ately the source of even these new States' equal powers, new
S tates m u st enjoy th e sam e rights and obligations as the original States, they are equally restricted by the
F irst A m endm ent and equally com petent to exert th a t residuum of sovereignty not delegated to th e U nited
S tates by th e C onstitution itself.
g. The Difference betw een Congress passing laws for T erritory and Congress passing laws for U nion is
"political status".
h. The "governm ent of P uerto Rico shall be republican in form and its legislative, judicial and executive
branches, [Doppelganger governm ent authority].
19. More Cases describing th e sta tu s of “The People” (see graphic “The People”)
a. For w hen th e Revolution took place th e people of each S tate becam e them selves sovereign. M artin et al v,
The Lessee of Waddell, 1342) 41 U.S. (16 Pet) 367, 410, 10 L.Ed 997, 1013.)
b. The (state) C onstitution is th e suprem e law, w ritten by the suprem e power of the
state, th e people them selves. Re G o rh an rF ay ette Local School Dist., 20 Ohio Misc. 222, 49 Ohio Ops. 2d
143, 250 N.E. 2d 104; S tate ex rel. W einberger v. Miller, 87 Ohio St. 12, 99 NE. 1078.
c. The C onstitution is th e voice of th e people speaking in th e ir sovereign capacity, and it m u st be heeded;
w hen th e C onstitution speaks w ith reference to a p articu lar m atter, it m u st be given effect as the
param o u n t law of th e land. People v. P ark s, 58cal. 624.
d. Sovereignty itself is, of course, not subject to law, for it is th e au th o r and source of law; b u t in our system ,
while sovereign powers are delegated to th e agencies of governm ent, sovereignty itself rem ains w ith the
people, by whom and for whom all governm ent exists and acts. And th e law is th e definition and lim itation
of power. Yick Wo v. Hopkins, 118 US 356.
e. U nder our system th e people, who w ere th ere (in England) called subjects are here the Sovereign...their
rights, w hether collective or individual, are not bound to give way to a sen tim en t of loyalty to th e person of
a m onarch. The citizen here (in America) knows no person, however in years to those in power, or however
powerful him self to whom he need yield th e rights which the law secures to him ... U nited S tates vs. Lee,
106 U.S. 196 a t 208.

f. H ere (in America) sovereignty rests w ith the people. Chisolm Ex'r. vs. Georgia 1 L.ed (2 Dali) 415,472.
g. "It is tru e th a t a t (English) common-law th e duty of the A ttorney G eneral was to represent the King, he
being th e em bodim ent of th e state. B ut u nder the democratic form of governm ent now prevailing the people
[are] King, so th e A ttorney G eneral's duties are to th a t Sovereign ra th e r th a n to the m achinery of
governm ent." Hancock vs Carry Alcorn M ining Co. Inc., Ky., 503 S. W. 2 d 710, Kentucky Constitution
section 4, Com m onw ealth Ex Rel. Hancock vs Paxton K entucky. 516 S. W. 2d page 867(2) clause 3.
h. Local law s or ordinances enacted by a city m ust be consistent with the sta te C onstitution.” Bell v. Vaughn,
155 Fla. 551, 21 So. 2d 31, Evans v. Berry, 262 N.Y. 61, 186 N.E. 203, 89 A.L.R. 387.
i. I t is th e duty of all officials, w hether legislative, judicial, executive, adm inistrative, or m inisterial, to so
perform every official act as not to violate C onstitutional provisions.” M ontgomery v. State, 55 Fla. 97, 45
So. 879.
j. The provisions of th e C onstitution m ust be given effect even if in doing so a sta tu te is held to
be inoperative." S tate ex rel. W est v. B utler, 70 Fla. 102, 69 So. 771.
k. The C onstitution w as m ade not to act upon the legislative departm ent alone, b u t upon every departm ent of
th e governm ent. W ay v. Hillier, 16 Ohio 105.
20. Pomeroy §296. Illu stratio n s — The four foregoing principles may be justly regarded, I think, as the very foundations
of th e equitable jurisdiction of th e U nited S tates courts. They give it w hatever peculiar character it possesses
growing out of th e double organization of th e national and state governm ents, and they clearly distinguish it from
the jurisdiction possessed by any sta te tribunals. In the practical administration of their equitable powers, the
national judiciary have constantly affirmed and steadily adhered to the doctrine in its negative form, that the
equitable jurisdiction does not exist, or w ill not be exercised, in any case or under any circumstances where there is
an adequate, complete, and certain remedy at law, sufficient to meet all the demands of justice.
a. Exam ple of “negative form ” le tte r from M aster (based on tru e events) “In reply to your letter, I regret th a t
th e court is unable to assist in th e m a tte r you present. U nder Article III of the Constitution, the
jurisdiction of th is C ourt extends only to the cases or controversies brought before it from lower courts.”
Story §743 & §744. Form vs substance.
THE FEDERAL JUDG E IS AUTHORIZED TO BE A CHANCELLOR IN EQUITY

a. By th e original Ju d iciary Act, and now by th e U.S. Rev. Stats sec 913. the forms and modes of proceeding in
su its of E quity in th e U.S. C ourts shall be according to the principles, rules, and usages which belong to Courts
of Equity. And th e settled doctrine of th e U.S. Suprem e Court is, th a t the rem edies in Equity are to be
adm inistered according to th e practice of Courts of Equity in England, the p arent country from which we derive
our knowledge of them . §11. 16 & 20 of the Judiciary Act of 1789 FIRST CONGRESS Sess. I. Ch. 20. 1789.
b. TH E HIGH COURT OF JUDICATURE 1873/1875 - aka THE JUDICATURE ACT, th a t is im plemented in the
Judiciary Act, th a t is brought forw ard as the "conflict or variance" of law, th a t is M andatory Judicial
Cognizance, an d th a t th e source of your authority is NOT statute, and (The authority of the emergency banking
relief act does not apply to me, nor do I consent to it.)

a. “The judges have equitable as well as legal jurisdiction, and in all civil m atters, w here th ere is no
express law, they are bound to proceed and decide according to equity, applying necessary rem edies to
evils th a t are not specifically contem plated by law, and conserving th e cause of m orals and good
conscience. To decide equitably, an appeal is to be m ade to n a tu ra l law and reason, or to receive usage,
and reso rt m ay also be had to th e laws and usages of other countries."
c. By legal construction in applying th e M axim “Inclusio uw'us e st exclusio alterius." The inclusion of one is the
exclusion of another, and vice versa.
21. JU STICE JO SEPH STORY (in his book): ‘equity is the fountain of justice lim itless’” grace”” is th e source of all law.”
22. THREE HEADS OF EQUITY: l) AUXILIARY - 2) CONCURRENT - 3) EXCLUSIVE.
a. DO NOT CALL THE COURTS LOOKING FOR A COURT OF EQUITY • “m ilitary doctrine of “Plausible
D eniability” - IT’S NOT A COURTROOM - IT’S YOUR PAPERWORK AND RIGHTS IN JU DGES
PRIVATE CHAMBERS (M artial C ourt Not in Session) - NOT COGNIZABLE IN PUBLIC ANYWHERE IN
THE PUBLIC (ENEMIES. BELLIGERENTS. REBELS DO NOT GET CONSTITUTION ALT ,Y
PROTECTED EXCLUSIVE EQUITY PRESIDED BY A TRUE CHANCELLOR IN CHANCERY).
i. “U n-enum erated protections in th e C onstitution N inth A m endm ent, The N inth A m endm ent to the
U.S. C onstitution reads: The enum eration in the Constitution, of certain rights, shall not be
construed to deny or disparage others retained by the people.
23. Professor John Norton Pomeroy: Equity is in Full Force!
a. Pomei’oy §354 “To sum up th is resu lt in one brief statem ent, all equitable estates, in terests, and prim ary
rights, and all th e principles, doctrines, and rules of the equity jurisprudence by which they are defined,
determ ined, and regulated, remain absolutely untouched, in their full force and extent, as much as though
a separate court of chancery were still preserved."
b. Section 355 in Pomeroy, 1905 edition: “It is easy to say th a t the distinctive modes of equity procedure are
alone abrogated by th e legislature, w hile th e principles, doctrines and rules of the equity jurisprudence and
jurisdiction are wholly unaffected;
c. While th e external distinctions of form betw een su its in equity and actions a t law have been abrogated, the
essential distinctions which inhere in th e very n atu re of equitable and legal prim ary or rem edial rights still
exist as clearly defined as before th e system w as adopted, and m ust continue to exist u n til the peculiar
features of the common law are destroyed, and the entire m unicipal jurisprudence of th e sta te is
transform ed into equity.
d. Equitable Remedies, Pomeroy, Section 357, page 591 - On C ertain E quitable Remedies.- W hile it is
undoubtedly tru e th a t w ith th e exception ju s t m entioned of the right conferred upon th e direct assignee of a
legal thin g in action, all the equitable estates, interests, property, liens, and other primary rights 1
recognized by the equity jurisprudence, and all the principles, doctrines, and rules of that jurisprudence
which define them, determine their existence, and regulate their acquisition, transfer, and enjoyment, are
untouched and unaffected.
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24. GIBSON “SUITS IN CHANCERY” 1907 EQUITABLE VERSUS STATUTORY: §23-25:
a. The Equitable, or Inherent: to include all of those m atters, w hether purely equitable in th eir n a tu re or
having characteristics both equitable and legal, jurisdiction over which is derived exclusively or chiefly from
th e ir in h e re n t powers as Courts of Equity! and
b. The Statutory'- to include all of those m atters, w hether equitable in th eir characteristics or purely legal in
th e ir n a tu re , jurisdiction over w hich is derived exclusively or chiefly from our statutes.
C. Putting it another way by way of illustration, to wit!
T h e E q u itab le/In h eren t S tatu tory

P urely Equitable by N atu re (l) Purely Legal by N ature (4)
E quitable by C haracteristic (2) Equitable by Characteristic (5)
Legal by C haracteristic (3)
1 - th e private citizen holding purely equitable title
2 - th e b ank or governm ent holding inferior equitable title
3 - th e private citizen holding a tru ste e title of a private tru st
4 - M ilitary Title or Commerce or FRCP, Crim inal, USC, IRS, etc.
5 - Sam e as no. 3 above b u t here it’s superior title under statutory authority.
25. Gibson §25 Exclusive or In h eren t Equity cases include the following
a. All suits resulting from accidents and mistakes.
b. All su its resu ltin g from trusts, express, constructive, and resulting.
c. All su its for th e reform ation, re-execution, rescission,[cancelation] and surrender of w ritten instrum ents.
d. All suits for an accounting, and for surcharging and falsifying accounts.
e. All suits for th e ad m in istratio n and marshaling of assets.
f. All suits for th e enforcem ent of hens created by mortgages, deeds of tru st, sales of land on credit, or other
equitable considerations, [i.e., th e eq u ity o f redem ption upon a mortgage]
g. All suits by w ards ag ain st guardians, executors, adm inistrators and others, where an accounting, or
surcharging or falsifying an account, is necessary.
h. All su its for th e marshaling of securities.
i. All su its for relief again st forfeitures and penalties.
j. All suits for the redemption of land or other property.
k. All su its to have absolute deeds or bills of sale declared to be mortgages.
1. All suits for th e construction and enforcem ent of wills and trusts.
m. All suits for th e discovery and perpetu ation of testimony.
n. All suits for equitable attach m en ts and receivers.
o. All suits w here an injunction is a su b stan tial p a rt of the relief sought.
p. All su its to remove clouds and quiet titles.
q. All suits for a new trial after a judgment at law.
r. All su its to have void judgm ents so declared, and to avoid voidable judgments.
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s. All suits to prevent th e doing of an illegal or inequitable act to the injury of com plainant’s property rights,
or interests. [R em itter and Revivor]
t. All suits for th e exoneration or protection of sureties.
u. All other suits w here th e defendant h as done, or is doing, or is th re aten in g to do, some inequitable act to
the injury of th e com plainant, and th ere is no adequate remedy therefore in any other court.
26. Gibson §445 - Presum ptions of Law: Presum ptions are either conclusive or disputable. Conclusive presum ptions will
yield to no proof, however strong; b u t disputable presum ptions may be overcome by proof. As illu stratio n s of
conclusive presum ptions of law m ay be mentioned: l) th a t everyone knows the crim inal law! 2) th a t every sane man
contem plates th e probable consequences of his own acts; and 3) th a t everyone has knowledge of a deed duly
registered.
27. Gibson §73 - Priorities - W here th ere is equal equity the law m ust prevail. P riority of Right. W here th ere is equal
equity the law m ust prevail. In a C ourt of Chancery, in a conflict of equities, the p arty having the superior equity
will prevail; and if th e equities are equal, and n eith er p arty has the legal title, th en priority prevails; and if no
priority the defendant prevails.
28. Gibson - §47 quasi tru ste e is sam e pleading as tru stee. H usband, wife, parent, person in a p a re n tal situation,
attorney, g uardian ad litem, next friend, p artn er, agent, business m anager, clerk, stew ard, secretary, trea su rer,
book-keeper, auctioneer, consignee, bailee, physician, spiritu al adviser, the prom oters, president, directors and other
officers or m anagers of a corporation or association, vendor, creditor, principal debtor in cases of su re ty sh ip , and, in
general, all other persons who u ndertake, or assum e, the character of confidential advisers, or m anagers of another’s
affairs, or who occupy a position or relation th a t enables them to greatly influence the action of those relying upon
them , or who in any way acquire influence and abuse it, or possess an o th er’s confidence and b etray it. The term
tru stee includes both tru stees and quasi-trustees, and the term beneficiary denotes and includes everyone who
expressly or impliedly confides or tru s ts his property, business or affairs, to another, and everyone for whose benefit
an express or im plied tru s t arises, or a constructive fraud can be declared.
Volunteers: Imperfect Titles

a. Every M an is independent of all law s except those prescribed by natu re. He is not bound by any in stitution
formed by his fellow M en w ithout his consent. - C ruden V N eale NC 338 M ay Term 1796.
b. Inasm uch as every governm ent is an artificial person, an abstraction, and a creatu re of the m ind only, a
governm ent can interface only w ith other artificial person. The im aginary, having neith er actuality nor
substance, is foreclosed from creating and attain in g parity w ith the tangible. The legal m anifestation of this
th a t no governm ent as well as any law, agency, aspect, court, etc., can concern itself w ith an y thing other
th a n corporate, artificial persons and th e contracts betw een them . Penhallow vs. Doane's A dm inistrator, 3
US 54, 1 L.Ed.57, 3 Dali. 54 (1795).
29. Gibson §74 - volunteer w ithout consideration
a. [My Conclusion]: all commerce springs from volunteers creating im perfect titles, waiving private, defaulting
to public, and volunteering w ithout consideration to hold assignm ents of duties and debts of an artificial
C op y C laim ed February 2020 -017-

person. All commerce originates from two Equity Maxims: “Equity will not aid a volunteer! Equity will not
complete an im perfect gift.”
b. Leviticus 22:25 (i) You shall not receive any im perfect thing from a stranger, to m ake it the Lord’s offering:
which he calls th e b read of th e Lord, (“in the nam e of the Lord, I accept” otherwise it’s in the nam e of the
state).
c. Black’s 8th - volunteer, th e grantee in a voluntary conveyance! a person to whom a conveyance is made
without any valuable consideration. See voluntary conveyance under conveyance.
d. Black’s 1st: VOLUNTEER. In conveyances, one who holds a title under a voluntary conveyance, i. e., one
m ade w ithout consideration, good or valuable, to support it.
e. R eports of Cases in Law an d Equity in the Suprem e Court Volume 56 By Oliver Lorenzo Barbour: “A court
of equity will not aid th e defective execution of a power, in favor of a volunteer.” (l Story’s Eq. Ju r. § 176).
f. It is quite clear, as a general rule, th a t w here a person shows the clearest intention to give, b u t leaves the
gift im perfect, let th e subject of it be w h at it may, the Court of Chancery will not interfere at the instance of
a volunteer to m ake it perfect (1846 Equitable Jurisdiction of a C ourt of Chancery).
g. “Although equity will not aid a volunteer, it will not strive officiously to defeat a gift”.
h. George Spence: “w hereas, an agreem ent, or an attem p t to assign, is in form and n ature incomplete, and the
origin of th e tran sactio n m u st be inquired into by the court...and where there is no consideration, the court,
upon its general principles, cannot complete what it finds imperfect.”
i. Lord Eldon: “if you are a volunteer you shall not have the help of a Court of Equity to m ake you a cestui que
tru s t.”
j. Pomeroy §755. 2. Time of Giving Notice. We have seen th a t if notice is not given u n til after the purchaser
h as fully paid th e consideration, received a conveyance, and completed his title, he is not in the least
affected by it. [the guy in your house after foreclosure has to “complete his title” or he is a volunteer].
k. C JS “P a rtie s” Book 67A - §30: Necessity for accepting judgment. Persons for whose benefit the action is
brought cannot claim th e benefit of th e Judgm ent w ithout coming in in some way and accepting
it. However, it h a s been held th a t in derivative actions it is of no importance w hether or not those entitled
to sh are in th e recovery are m ade plaintiffs.
Benefits and Privileges: M axim s of Benefits and Privileges

a. Favors from governm ent often carry w ith them an enhanced m easure of regulation.
b. Any one m ay renounce a law introduced for his own benefit.
c. No one is obliged to accept a benefit against his consent.
d. He who receives th e benefit should also bear the disadvantage.
e. He who derives a benefit from a thing, ought to feel the disadvantages attending it.
f. He who enjoys the benefit, ought also to bear the burden.
g. He who enjoys th e advantage of a rig h t takes the accompanying disadvantage.
h. A privilege is, as it were, a private law.
C o p y C la im ed F ebruary 2020 -018

i. A privilege is a personal benefit and dies w ith the person.
j. One who avails him self of the benefits conferred by statute cannot deny its validity.
k. W hat I approve I do not reject. I cannot approve and reject a t the sam e tim e. I cannot tak e the benefit of an
instru m en t, and a t th e sam e tim e repudiate it.
1. He who does any benefit to another for me is considered as doing it to me.
m. Gibson §62 " He who enjoys th e benefit ought also to bear the burden.
VALUABLE CONSIDERATION
30. Pomeroy §747. W hat is V aluable Consideration: W hat constitutes a valuable consideration w ithin the m eaning of
the doctrine which gives protection to a bona fide purchaser? No person who h a s acquired title as a m ere
volunteer.. .can thereby be a bona fide purchaser.
31. Gibson §75: VENDEE MUST BE LEGALLY WORSE OFF: Valuable consideration m eans, and necessarily requires
under every form and kind of purchase, som ething of actual value, capable, in estim ation of the law, of pecuniary
m easurem ent, p artin g w ith money or money’s w orth, or an actual change of the purch aser’s legal position for the
worse. The am ount of the purchase, if otherw ise in good faith, is not generally m aterial.
32. Gibson §43 Hence, it is the passing of a consideration and not the form of the contract th a t in E quity passes title;
and w hatever th e form of th e transaction, if no consideration passes, in E quity no title passes.
MAXIMS OF EQUITY.
33. EQUITY MAXIMS EXISTED BEFORE THE LAWS: Page 459 In stitu tes of A m erican Law by Bouvier, 1870: section:
3726 “M axims are rules or principles of law universally adm itted as being ju st and consonant w ith reason ... These
existed before th e law, for, it h as been well observed, nations have been found w ithout laws, none w ithout maxims.
Such m axims may be considered as fragm ents of th e n a tu ra l law which was prom ulgated a t the beginning of the
world.
a. Equity sees th a t as done w h at ought to be done.
b. Equity will not suffer a wrong to be w ithout a remedy.
c. Equity delights in equality.
d. One who seeks equity m ust do equity.
e. Equity aids th e vigilant, not those who slum ber on th e ir rights.
f. Equity im putes an in te n t to fulfill an obligation.
g- Equity acts in personam .
h. Equity abhors a forfeiture.
i. Equity does not require an idle gesture.
j- He who comes into equity m ust come w ith clean hands.
k. Equity delights to do justice and not by halves.
1. Equity will tak e jurisdiction to avoid a m ultiplicity of suits.
m. Equity follows th e law.

n. E quity will not aid a volunteer.
o. W here equities are equal, th e law will prevail.
p. B etw een equal equities th e first in order of tim e shall prevail.
q. E quity will not complete an im perfect gift.
r. E quity will not allow a sta tu te to be used as a cloak for fraud.
s. E quity will not allow a tru s t to fail for w ant of a trustee.
t. E quity regards th e beneficiary as th e tru e owner.
u. He who occasioned th e loss m ust b ear th e burden.
v. E x nudo pacto non o ritur actio. (No suit can be brought upon a contract without a supporting
consideration.)
w. E x dolo m alo non o ritu r actio. (No suit can be brought to enforce a fraud.) A complainant must have clean
hands.
x. E x pacto illicito non o ritur actio. (No su it can be brought to enforce a contract in violation of law.)
y. E x facto ju s oritur. (The law arises out of the transaction.) Thelaw is the shadow which the facts cast,
z. E xpressio u n i us persona vel re i e s t exclusio alterius. (The express mention of one person or thing in a
written instrum ent is equivalent to the express exclusion of all other persons or things.) Thus, a deed to A
is a deed to him alone, and to no other person! and a devise to B in effect excludes all others,
aa. "verba fortius accipiuntur contra proferentem " Every presum ption is against the composer (pleader).
34. Judg e Tuley: "I contend th a t no one, be he judge or stu d en t of equity, can give him self up to the earn est study of
equity m axim s and th e science of equity as one who loves his profession should, w ithout becoming not only a wiser,
b u t a b e tte r and p u rer m an. Such study of equity m axim s and jurisprudence quickens the perceptions betw een right
and wrong, brig h ten s th e conscience, and elevates the entire moral character—in other words, ennobles the man
beyond, far beyond, th e study of any oth er known science or profession. A Chief Justice of England once rem arked
th a t law w as a coy m istress, she would b ear no other wooing, and th a t rem ark is peculiarly applicable to the study of
equity. The stu d e n t who w ishes to worship a t h er shrine m ust not mix w ith his study any other pursu it or business,
b u t he m u st give him self up h e a rt and soul to his task, and never falter or weary in its pursuit. He m ust study
equity as one studies a foreign language! he m ust study its history and learn the root or source from which it is
derived! he m u st fully u n d erstan d its construction and principles, and by continued application become so imbued
with its sp irit and become so fully a m aster of th e language, th a t w ithout effort on his p a rt he thinks in such foreign
language, an d th e n an d not u n til th e n can he claim to fully com prehend it.
35. Laches: (if you w ait too long to enforce your rig h t th en your rights stale over time) Where the federal equity
jurisdiction is exclusive and is not exercised in aid of a legal right, sta te statu tes of lim itations barring actions a t law
are inapplicable, and, in th e absence of any sta te sta tu te barring the equitable remedy in like cases, the federal
court is rem itted to and applies th e doctrine of laches as controlling. P. 309 U. S. 289. U.S. Suprem e Court 1940.
a. The beneficiary cannot be said to have slept upon his rights to relief against a trustee in a court of equity
u n til a position of antagonism or defiance of his rights has, w ith his knowledge, been assum ed by the
trustee! and th e m ere retention of a portion of the income of the tru st fund by the latter, w ith the consent of
th e beneficiary, and w ithout any claim of right, does not produce such hostile attitude.
C o p y C laim ed Feb ru a ry 2020 -02C
b. http://archive.Org/stream/renortscasesarg68courgoog#Dage/n498/mode/lun/seareh/equitv
36. Equitable Asset. Joseph Story:
a. Equitable assets are on the other h an d all assets which are chargeable w ith th e paym ent of debts or
legacies in equity, and which do not fall under the description of legal assets. They are called equitable
assets because, in obtaining paym ent out of them , they can be reached only by the aid and instru m en tality
of a Court of Equity. They are also called equitable for another reason; and th a t is, th a t the rules of
distribution by which they are governed are different from those of the distribution of legal assets.
b. In general, it may be said that equitable assets are of two kinds: the first is where assets are created such
by the intent of the party; the second is where they result from the nature of the estate made chargeable.
Thus for instance if a testato r devises land to tru stees to sell for the paym ent of debts, the assets resulting
from the execution of the tru s t are equitable assets upon the plain intent of the testator, n otw ithstanding
the trustees are also made his executors! for by directing the sale to be for the paym ent of debts generally,
he excludes all preferences, and th e property would not otherw ise be liable to th e paym ent of simple
contract debts. The sam e principle applies if the testato r merely charges his lands w ith the paym ent of his
debts. On the other hand, if th e estate be of an equitable n atu re and be chargeable w ith debts, th e fund is to
be deemed equitable assets, unless by some s ta tu te it is expressly m ade legal assets! for it cannot be
reached except through the in stru m en tality of a C ourt of Equity.
37. Laches: (if you wait too long to enforce your rig h t th en your rights stale over time) W here the federal equity
jurisdiction is exclusive and is not exercised in aid of a legal right, sta te sta tu te s of lim itations b arrin g actions a t law
are inapplicable, and, in the absence of any sta te sta tu te barrin g the equitable rem edy in like cases, the federal
court is remitted to and applies th e doctrine of laches as controlling. P. 309 U. S. 289. U.S. Suprem e Court 1940.
38. EQUITABLE CONVERSION. See Table of Exhibits in Coursebook.
a. 18 C.J.S. Conversion §3 (1990). Equitable conversion "refers only to a way of th in k in g about certain issues, a
reasoning process...." Dobbs, Law of Remedies § 4.3(8). Such an in te rp re ta tio n of the doctrine is helpful in
this case, because th e facts fall slightly outside the typical case in which the doctrine is invoked. In the
standard case, courts apply equitable conversion when parties en ter into a sales contract for a piece of land:
money directed to be employed in th e purchase of land, or land directed to be sold and tu rn ed into money, is
to be considered as th a t species of property into which it is directed to be converted, regardless of the m anner
in which the direction is given. W hether money is actually deposited or is only covenanted to be paid, or
whether the land is actually conveyed or only to be conveyed, the owner of th e fund or property, or the
contracting parties, may m ake the land money or the money land.
b. West's Key N um ber Digest, Conversion: “Equitable conversion” may be defined as th a t constructive alteratio n
in nature of property whereby, in equity, real estate is considered for certain purposes as personalty, or vice
versa.[l] U nder the doctrine of equitable conversion, real estate is for certain purposes considered as
personalty, or personalty, for sim ilar considerations, is regarded as real estate, and in eith er instance, it is
deemed to be transm issible and descendible in its converted form. [2] The doctrine of equitable conversion was
adopted for the purpose of giving effect to the intention of the testato r, settlor, or contracting parties. [3] It is
neither a fixed rule of law nor a rem edy[4] but, rath er, is a m ere legal fiction, [5] restin g on th e principle th a t
equity regards th in g s which are directed to be done as having actually been done[6] where nothing has
intervened which ought to prevent performance. [7] The doctrin e of equitable ownership or equitable
conversion is not a fixed rule b u t a fiction devised to achieve justice between the parties to a real estate
tran sactio n . [8] It m erely m eans th a t w here th ere is a m andate to sell real property a t a fu ture date or to
employ money for th e purchase of land, the property will be considered in equity as th a t species of property
into which it is directed to be converted. [9] The doctrine of equitable conversion is anticipatory, th a t is, it gets
a jum p on reality by im agining th e conversion in advance! the seller is obliged in equity to convey the realty
a t issue in exchange for th e price, so he or she will be treated as if he or she already had.[lO] In other words,
land, though not actually sold, may be treated as money, or money, though not actually paid out in the
purchase of land, may be treated as land, [i l l The doctrine has no application to sales of personal property,
such as an in te re st in a p artn ersh ip [l2 ] or a lim ited liability com pany.[13] Caution: The law of a particular
jurisdiction m ay not recognize th e doctrine of equitable conversion under any set of facts. [14]
TRUSTS
39. 14th C entury C rusades, King’s Conscience over Land Use, Feoffment and Rights to R ents and Possession.
40. D efinitions — 1. TRUST. A tru s t h a s been variously defined as an obligation upon a person arising out of a
confidence reposed in him to apply property faithfully and according to such confidence!” a holding of property,
subject to a duty of em ploying it or applying its proceeds according to directions given by the person from whom it
was derived; a rig h t of property, real or personal, held by one p arty for the benefit of another! and an equitable right,
title, or in te re st in property, real or personal, distinct from the legal ow nership thereof." 1912 Encyclopedia of Law.
41. Pomeroy, Perry, G ilberts, Lewirn E lem ents of T rust: Intent, purpose, parties, res (method of formation):
a. In ten t: m anifested intent.
b. Purpose: law ful purpose.
c. P arties: reachable and beneficiary is identified.
d. T ru st R es
42. Methods of Trust Formation: Delivery, T ransfer, Verbal, Fraud, Concealment, Conveyance, Contract, A greem ent,
Will, S tatu te, Silence, Acquiescence, Admission, Consent, Acceptance, Endorsem ent, Appointment, Failure of
Disclaim er, Notice, R egistration, Recording, Endorsem ent, Declaration.
a. Such a tru s t m ay be created by deed or may rest entirely in parole or may be partially in w riting and
partially in parole 1966 Florida Appeals F raser v Fraser.
43. TUCKER v. BROWN, 20 Wn.2d 740 (1944) “It is a general principle th a t a trustee m ust act with the most
scrupulous good faith. The one g reat duty arising from this fiduciary relation is to act in all m atters relatin g to the
tru s t wholly for th e benefit of th e beneficiary. It is of the most vital im portance th a t trustees be held to a stric t and
rigid accountability.”)
44. Gibson §44 “And w hen it is shown th a t such person have used money, by them so held in tru st, in the purchase of
any property, real or personal, tak in g th e title in th eir own nam e, a Court of Chancery will im pute to them an
C o p y Claim ed F ebruary 2020

intention to fulfill th e ir obligation, namely, to m ake the purchase for the benefit of the person entitled to th e use of
the consideration money! and they will be decreed to hold such property as tru stee s for the benefit of the parties
whose funds were used in th e purchase.”
45. In the case of tru s t moneys commingled by th e tru ste e w ith his own moneys, it w as held th e whole became an
indistinguishable m ass and the m eans of ascertain m ent failed. B ut equity, adapting itself to the exigencies of such
conditions, finally determ ined th a t th e whole m ass of money w ith which the tru s t funds w ere commingled should be
treated as a tru st.
46. Section 297. M ingling of funds by tru ste e —tracing tru s t funds. If a tru ste e wrongfully m ingles tru s t m oney w ith
his own, the tru s t attaches to th e entire am ount, th e cestui having an equitable lien on it or any p a rt thereof for the
amount of the tru s t money th u s commingled. Hence, if p a rt of the money be lost, even accidentally, th e lien m ay be
enforced to the full am ount again st th e residue.
Office of the Grantor.

47. GRANT, BARGAIN, AND SELL. - By the law s of the states of Pennsylvania, D elaw are, M issouri, and Alabam a, it
is declared th a t the words grant, bargain, and sell shall am ount to a covenant th a t the gran to r w as seized of an
estate in fee, freed from encum brances done or suffered by him, and for quiet enjoym ent as a g ain st all his acts.
These words do not amount to a general warranty, but merely to a covenant that the grantor has not done any acts
nor created any, encumbrance, by which the estate may be defeated.
48. GRANTEE. He to whom a g ra n t is made.
49. GRANTOR. He by whom a g ra n t is made. See Bouvier, Lawful Coin passes title w ith possession.
Office of Executor
50. See “Presum ption of D eath” m em orandum , Corpus Ju ris Secundum.
51. The High Court of Executor vs. A dm inistrators.
52. See Template “Office of Executor”.
Office of Beneficial Owner

53. See Tem plate “Affidavit of Beneficial O w nership”.
IMPLIED TRUSTS
(without using the word “trust” or knowing w hat a tru st is)

54. Edward C. H allbach Jr., “GILBERT LAW SUMMARIES: TRUSTS” —A uthor of 2n(l and 3r(1 R estatem ent on T ru sts
used widely in the courts today. (Special Note: im plied tru steesh ip w ithout consideration.)

a. G ilberts §274. Notice to and acceptance by trustee: If an effective transfer has been made, a valid tru s t
exists even if th e tru ste e h a s not been made aw are of it. N either notice to nor acceptance by the tru ste e is
essen tial to form ation of th e tru st. [Rest. 3d §14].
b. G ilberts §277. Disclaim er. If th ere h a s been an effective tran sfer but the trustee disclaims before
acceptance, th e tru s t does not fail for lack of a trustee. R ather, ...a court holds th a t...title rem ains in the
settlo r subject to th e tru s t u n til a su b stitu te tru stee is appointed.
c. G ilberts §276. The tru ste e ’s acceptance is presum ed unless the contrary is shown. The tru sts cannot be
forced upon him, however, and he is free to disclaim the trusteeship any tim e prior to accepting it. [Rest 3d
§35]
d. G ilberts §276-282. Recording w ithout noticing. The failure to inform the intended trustee had no
significance an d th a t an irrevocable tru s t was created.
e. G ilberts §279 T ru stee’s obligations. Once having accepted the tru st, the tru stee is bound by all of the
fiduciary obligations imposed by law and by the term s of the tru s t and can be held personally liable for
neglect (see infra, §§611-620). “Resignation” alone does not relieve the tru ste e of these duties and
responsibilities. O rdinarily, th e tru ste e m ust petition the court for a replacem ent; even if the tru st
in stru m e n t expressly authorizes resignation, the duties of one who has accepted a tru s t continue until a
successor is in place. [Rest. 3d §36].
f. G ilberts §280. Acceptance relates back. The tru ste e ’s acceptance norm ally relates back to the tim e the tru st
came into being.
g. G ilberts §281. D uties prior to acceptance. A lthough for m any purposes (e.g., accrual of beneficiaries’ rights
to benefits) a tru s t becomes effective a t the tim e it comes into existence, the tru ste e norm ally has no
fiduciary duties u n til acceptance of th e trusteeship, expressly or impliedly, occurs.
h. G ilberts §282. Notice to and acceptance by the beneficiary. Notice to the beneficiary th a t the settlor intends
to create a tru st, or h as created one, is not necessary for a valid tru st. Acceptance by the beneficiary also is
not essen tial to tr u s t form ation. [Rest. 3d §14],
i. W aters law of tru sts, D.W.M W aters, 1984, 2nd edition, Pg. 672, “Im plied acceptance is normally
established by th e conduct of th e would-be appointee. If the person in question deals with the tru st property
or any p a rt of it. and th ere is no explanation clearly linking his acts to another purpose, he will thereby
im pliedly accept th e tru ste e sh ip . ...But there is a different reason in deem ing an appointee to have
im pliedly accepted th e tru s t w hen he deals w ith the tru s t property. It is not his delict [tort], b u t his actual
assum ption of th e ta sk to which he h as been appointed which m akes him a tru stee.”
j. No technical words are needed (Gilberts).
A SUMMARY of "Constructive Trust vs Equitable Lien"

k. Preserves for th e beneficiary th e entire equitable ow nership of the m isappropriated or otherw ise improperly
acquired property, and its product arising from subsequent transm utations,
C o p y C laim ed February 2020

1. Preserves for th e beneficiary a proportionate in terest in the whole, w here the property or its product has
been inextricably commingled w ith other property,
m. Beneficiary imposes a constructive tru st, thereby "adopts" the transactions of the w rongdoer w ith the
property as having been m ade for his benefit, th u s relinquishing (release) a cause of action ag ainst the
la tte r personally th a t he m ay also have had. [doctrine o f election, one or th e other, ca n 't do both].
Equitable LIEN
n. Preserves merely a security in te re st in such property or its product, lim ited generally by the am ount of the
beneficiary's personal rig h t of restitution.
o. Preserves for him a security in terest in th e whole, lim ited by the am ount in which th e original property or
its product can be traced into th e whole, w here th a t is less th a n th e total am ount originally secured by the
lien.
PRIVATE TRUST IS ENFORCED IN EXCLUSIVE EQUITY

55. “Special Deposit” versus “general deposit.” Banking. “I place this on special deposit w ith you.”
a. “The su it is plainly one of equitable cognizance, the bill being filed to charge th e defendant, as a tru stee, for
a breach of tru s t in regard to a special deposit.” Argued M arch 14, 15, 1889. Decided April 8, 1889. B ank of
M emphis v. Eliza W alker.
b. The distinctive feature of a special deposit is that the identical money is to be kept apart from the general
funds of the bank so that it can be returned to the depositor or used for the specific purpose for which it was
deposited.
c. A bank deposit is made, and th e relationship of debtor and creditor created, w hen the money is actually
received, not w hen it is entered upon th e books of the bank. The claim ant advances th ree propositions in
support of its assertion of priority: First, that the relation of principal and agent and of cestui que trust and
trustee existed between the claimant and the defendant not only as to the item s before collection b u t as to
the proceeds after collection; second, upon th e collection of the item s by charging th e accounts of depositors,
a tru s t was im pressed on the defendant's cash on han d and the receiver took such cash subject to the tru st;
third, the draw ing and sending of th e rem ittance drafts was an equitable assignm ent pro tanto of the
deposits w ith defendant's correspondents in New York and Boston on whom they w ere draw n.
d. As to this, after distinguishing some of th e authorities relied upon, th e court said (p. 186): "On th e other
hand, the courts in m any jurisdictions, em phasizing the fact th a t all senders of paper for collection know
th a t it is th e general practice of banks to mingle the proceeds w ith th e ir other assets, hold th a t they m ust
be tak en to assen t thereto, a nd hence to th e relationship of debtor and creditor in stead of tru ste e and cestui
que tru s t as to such proceeds. Indeed, th e view contended for by the plaintiff would apparently m ake the
banks guilty of a breach of tru s t in m ingling the proceeds of collections w ith th e ir other assets, in
accordance w ith th e convenient and u su al mode of business. "I think, too, th a t even if the relation feouldl
be considered a tru st, th e claim ant h as u tterly failed to trace [assign a private tracing num ber which by you

can say it’s res or have a record th a t it’s special and not general! into the hands of the liquidating
com m ittee any money, th e 're s' unon which a tru s t could be imposed. The transaction was one of ordinary
b anking business; th e claim ant entered into it for his convenience, [this sums up all of commerce- the price
that liberty m ust pay is for convenience] knowing th a t when the collection should be m ade it would be
commingled w ith th e general funds of the bank, and he be allowed a credit to the extent of the
collection . .. ; and I see no reason why the court should strain a point to establish a trust in favor of one
who took the same chances as all other creditors took, and abrogate the salutary principle that 'equality is
equity.”’fthe court is saying th a t since he didn’t practice equity by m aking it special, th en the equity court
will not m ake it special - to get equity m ust do equity” - not “if you w ant equity it’s ok to do debtor-creditor
th e n change horses la te r on if you want"]
e. "A special deposit of money in a bank, I understand to be, where moneys (as bills in packages, or specie in
boxes, for example), are entrusted to a bank, not to be used, but to be kept safely, and specifically
returned.” C atlin v. Savings B ank of New Haven, 7 Conn. 487, 494. Such a deposit of specie or other funds
for safekeeping and re tu rn creates th e relationship between the depositor and the bank of bailor and bailee.
Where money is left with a bank with the understanding and agreement that it is to be devoted to some
particular purpose, such as to be paid over to some third person on presentation of certain papers, it
constitutes a special deposit, and is held by the bank as agent of the depositor.
f. The distinctive feature of a special deposit is th a t the identical money is to be kept ap a rt from the general
funds of th e b ank so th a t it can be retu rn ed to the depositor or used for the specific purpose for which it was
deposited. The intention of the parties controls, and in the absence of facts from which it can be found that
the parties intended that the fund was deposited for safekeeping and return, or to be devoted to a specific
purpose then agreed upon, it will be held to be a general deposit.
g. “The general rule is th a t every person who receives money to be paid to another, or to be applied to a
p articu lar purpose, to which he does not apply it, becomes a trustee, and is answ erable to the owner of the
money as for a breach of tru s t.” In re Interborough Consol. Corp.
h. “A tru ste e is bound only as he accepts th e tru st, b u t the tru s t is not invalidated by his failure or refusal.
W hile his disclaim er frees him from any obligation to execute the tru st, the rights of the beneficiary are in
no sense dependent upon his acceptance. A court of equity will never suffer an express tru st, in regard to
w hich th ere is no question, to fail for lack of a tru stee.” (Beach 1897, “T rusts and T rustees”).
i. “The w ritings [m eaning th e declaration of trust] are b u t evidence; the tru st is anterior and independent;
and th e rig h ts which th e courts regards are those th a t spring from the creation, not the mere proof of the
tru st.” McVay v. McVay 1887 Suprem e C ourt New Jersey.
j. Section 297. M ingling of funds by tr u s te e - tr a c in g tru st funds. If a trustee wrongfully mingles tru s t money
w ith his own, th e tru s t attach es to th e entire am ount, the cestui having an equitable lien on it or any p a rt
thereof for th e am ount of th e tru s t money th u s commingled. Hence, if p art of the money be lost, even
accidentally, th e lien may be enforced to the full am ount against the residue.
https-//archive.org/details/eauitvananalvsi03claraoog/page/n454?a=fiduciarv+obligation+in+eauitv

56. §8-501. SECURITIES ACCOUNT; ACQUISITION OF SECURITY ENTITLEMENT FROM SECURITIES
INTERMEDIARY.
(a) "Securities account" m eans an account to which a financial asset is or may be credited in accordance w ith an
agreem ent under which th e person m aintaining th e account undertakes to tre a t the person for whom th e account is
m aintained as entitled to exercise th e rights th a t comprise the financial asset.
(b) Except as otherw ise provided in subsections (d) and (e), a person acquires a security en titlem en t if a securities
interm ediary:
(1) indicates by book entry th a t a financial asset h as been credited to the person's securities account;
(2) receives a financial asset from the person or acquires a financial asset for the person and, in eith er case, accepts
it for credit to the person's securities account; or
(3) becomes obligated under oth er law, regulation, or rule to credit a financial asset to the person's securities
account.
(c) If a condition of subsection (b) h a s been met, a person has a security en titlem en t even though th e securities
interm ediary does not itself hold the financial a sse t.
(d) If a securities interm ediary holds a financial asset for another person, and the financial asse t is registered in
the name of. payable to the order of, or specially indorsed to the other person, and has not been indorsed to the
securities interm ediary or in blank, the other person is treated as holding the financial asset directly ra th e r
th a n as having a security entitlem en t w ith respect to the financial asset.
(e) Issuance of a security is not establishment of a security e n titlem en t.
“...m y facsim ile transm ission o f th is application containing a facsim ile o f m y signature, sh a ll be as effective,
enforceable a n d valid as i f a p a p er version o f this application were delivered containing m y original w ritten
signature"
1.'. J & t- x v^vBlv*'

EJtSi of I** urererelgntd ipfCLVJtoy t n n i M t i i la U n d o «na to U « d * /* *cfu*i u p o u r . t e agonto. C r e ta n , ( w a u o t , aitooreyi. failure re, i B v t m u ic c w iu r e and a n tom
Bad eg /ec* and » c* n o w W g « tru e (1 ) to* W wmaUan p rev M rt In tot* *pfftcatton U tore and correct 0 1 of too d a ta u n Irvto oppoUto my togntoure and (ru t any faiUnGonJT nr
ncWcorM m U n c ra ia n ta d a n or IHb Intormatton oontoldM In toll appBcafion m ay m u l t In ctvti K aW tj Including m o m u u y dam age*. to any fm rean who m ay lu f ltr any t o u d ua to
rorenoe upon any ml im p r e g n a tio n that I h iv o mad* 00 thl» appKaUon, in c lto In cftmJrtal pcntrBcn tndudlno. but nol U tolirt to. M a or Imjntoonmant o r txslfi u n d e too pnryliltKta
of Trt» 16. Until! a ia to i Code, 6 * e. 1001, al a « . : (I) the loan raq u ailad p u n u a n l to W* appfrcadon (to* “t o t r t') W3 b e w c u rad by • m ortgage Of ( to r t of b u tt on to* property
d cicrto cd b«reto; (3) to t property vr* not b« m a d lor any Ocoili or proMhilad p u rp o ie or vile; (A) a l a la la m tn tf (n ad o in IhU ip p k re tlo r are m ade (or too p u rp o rt ol obtaining a
m ooem m l m ortpip* loan.- (6J too prupwrty wO b* occupied * 1 IndicaUd harabi; (a) any owrrer or tiiv tc n r o( th « Loan may varlfy or revarVy any tofofm toon contained to to*
tp p b c a tk n from any im iree rtam ad In toll ippU dO on. and U n d ir , Kt l u x a u o i or a u r j m may retain th* original aadtor an atoolm tlc record 01 tor* appCcadarv. (v a n II too lo a n
tr not approoad; (7) to* U n d e r a r t K* oganta. broXare. to n e * re, icrvioorm. lu o u a a o re «ad ta iitm i may cxnOnuouOy rety on toe ln!omi*£it*i oontafnM to toe apcdcaCcn. an d I err)
o M g alrd to orrrend »nd!v <upp<*meitl Ota kUormtaon provld*a to toil oppPcoOon I any ol to* n ta tcrU (te la to il I hava r e p r i i c n t d Iwrton ih o ifd ortana* trto r to d o d n c <y to*
lo a n ; (6) to to* ay tn l to il m y prym *nla on toa Loan bioom o d*Gm»oeil to * owner o r iw vtcor ol lit* l o i n itu y . to addition to erty otoer light* >nd ret»*tl»» t o i l It m ay nova
relating to in c h oatoqurney. report tny nam e and account Inlormadon la on* or m ore cw u u m » r c rrtR reporting «g»nef**; (g) cwrv*rtolp of toe L o in ertdlor adm toU fridan of to*
Loan account m ay be tre n rfirred with urctv notice a i m ay b* required by uw r (10) n«flh*r Lander nor tl* tg e n u . b rc ta ra . Im u ra n , a tn fc a re . lu ev reiicr* o r a n io n * baa m ado pny
reprca«nt*Uon or warranty, u p r a i or tnpOad. lo n o regaining to* property or to* condition o rv aX n a) lb s property, and ( I I ) my tren an Jiito n ol m b app*e*tSon 0 1 a n • | * « r o i b
record- cmvtalnlng my ‘ d e c la n k ; d c n j l w V u tooao torn* are dell non to *ppfcobV> fa d ire! and/or » u le livre (an*jding *udlo *bd video reuprdooO . o t tny fia tm lh i
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Co-fiontowvr'c signt lure
Five (5) Prim ary Offices of Trust;

a. G rantee: holds unim peachable, indefeasible, root, prim ary title both legal and equitable, both sides of the
ledger, all liabilities, all assets, both the beneficiary and tru ste e a t sam e time.
b. G rantor/Settlor: w hen the grantee title will be split to legal (trustee) and equitable (beneficiary).
c. T ru stee: receives legal title from grantee, express or implied.
d. Beneficiary! receives equitable title from grantee, express or implied.
Copy C laim ed February 2020 -027-

i. H eir: “Maxim: Only God can create an heir.” “An heir stands in the rights of his ancestors” “the
King never dies.” I.e., h eir to a decedent’s legal estate, birth certificate.
ii. patrim ony (n.) mid-14c., "property of the Church," also "spiritual legacy of Christ," from Old French
p atrem oine "heritage, patrim ony" (12c.) and directly from Latin patrim onium "a p atern al estate,
inheritance from a father"
BENEFICIAL OWNER
58. P ure Oil Co. v. B yrnes 388 111. 26 (111. 1944) httnsV/casetext.com/case/pure-oil-co-vbvrnes
A tru s t differs from a debt in m any respects. The beneficiary of a tru s t has the beneficial in te re st in the property,
w hereas a creditor h a s only a personal claim ag ain st the debtor. There is no fiduciary relation betw een debtor and
creditor, w hereas th e tru s t relation is of a fiduciary n ature. T rusts are enforced in equity while creditors m ust sue at
law. A constructive tru s t arose, not by virtue of th e decree nor by virtue of the statu te, b u t by virtue of appellant
having th e rig h t to tak e possession and control of the common property for its protection against loss from being
drained by adjacent wells. The court, by its decree, m erely acquired jurisdiction to adm inister the tru s t created by
the acts of appellant. Good faith is th e very essence of the tru s t relation so created and required full disclosure of the
value rep resen ted by th e in te re st in th e land and th e accum ulation. Having knowledge th a t R aitm an had a "fifty-
fifty” contract to rep resen t appellee as his attorney, it was incum bent on appellant to show th a t it observed the
utm ost good faith in dealing w ith th e tru s t property. However, where the plaintiff is bound to do equity as a
condition to obtaining relief, th e foregoing rule is subject to an exception. In such a case the court has the power to
protect th e equitable rig h ts of both p arties and, if it sees fit, to give affirm ative relief to the defendant by enforcing
an equitable claim. (19 Am. J u r. 283, par. 412.)
59. E quity R egards th e Beneficiary as th e Real Owner. In all cases of tru sts, including tru s t deeds, assignm ents for the
benefit of creditors, an d even constructive and resu lting tru sts, the Chancery Courts are ever ready to lend a helping
hand to the beneficiary as against him who holds the legal title (Gibson).
TRACING TRANSMUTATIONS - DOCTRINE OF ELECTION

60. The rig h t of th e cestui que trust to follow misapplied trust funds, or to hold the tru stee to answ er for them as a
debtor, is an option or an alternative, not a concurrent right. "The cestui que trust," says Judge Story, ’has an option
to insist upon ta k in g th e property, or he may disclaim any title thereto and proceed upon any other rem edies to
which he m ay be entitled, eith e r in rem or in personam . The substituted fund is only liable to his option. B ut he
cannot in sist upon opposite an d rep u g n an t rights." 2 Story, Eq. Ju r. §1262.
61. “In an action to follow tru s t property and to enforce the tru s t thereon, the burden of proof in the first instance, is on
the cestui que tr u s t to trace and identify his property, either in its original or substituted form! b u t w hen he has
shown th a t property of th e tr u s t is represented in the property sought to be im pressed with the tru st, the burden is
th e n on th e tru ste e or p u rch aser w ith notice to show w h at his in terest is. W here the tru st fund or property has been
wrongfully diverted, th e cestui que, tru s t m ay elect either to pursue and recover the money in its original or
converted form, on th e term s of th e original tru st, so long as it is traceable, or to pursue some other proper remedy.
C o p y C la im e d F ebruary 2020 -028-

Where a tru ste e diverts or m isappropriates the tr u s t funds or property, the cestui que tru s t m ay elect to tre a t him
either as a debtor or as a tresp asser. W here a tru ste e in violation of his tru s t invests th e tru s t funds or property in
other property, into which it can be distinctly traced, the cestui que tru s t m ay eith er follow th e sam e into its original
or substituted form and claim it as held on th e original tru st, or he may hold the tru stee personally liable for his
breach of tru s t.”
62. Cyclopedia of Law and Procedure, Volume 39 by W illiam Mack, Howard P ervear Nash. TRUSTS 11. PERSONS
AGAINST WHOM TRUST MAY BE ENFORCED. "As a general rule a tru s t m ay be enforced ag ainst the trustee,"
his assignees or personal representatives," heirs or devisee,” and all persons who acquire th e tru s t funds or property
or interests therein, w ith notice of th e tru s t equities,” or w ithout consideration;" and as ag ain st all persons who
participate w ith the tru ste e in m isappropriating th e tru s t fund or property,” or who claim a benefit from the
trustee's acts!” and th is liability m ay be enforced against the tru ste e and such other parties. B. R ight to Follow
T rust P roperty or Proceeds Thereof G eneral Rules. It is a well settled rule th a t a cestui que tru s t has th e rig h t in
equity, to follow and recover, or im press th e tru s t upon, the tru s t fund or property which h as been wrongfully
diverted, into w hatsoever form or h an d s it may come, so long as it may be distinctly traced and identified," u n til it
comes into th e hands of a bona fide purchaser for value w ithout notice," or the rig h ts of innocent th ird parties have
intervened," or until th e m eans of ascertaining th e property fails. The general proposition is m aintained, th a t if any
property in its original sta te an d form is im pressed w ith a tru st, no change of th a t sta te and form can divest it of
such tru s t or give th e tru ste e converting it or those who represent him in right, not being bona fide p u rchasers for
value w ithout notice, any more valid claim in respect to it th a n they had before such change,” and it is im m aterial
w hether th e property w ith which th e tru s t funds are mingled is money, or w hether it is bills, notes, securities, lands,
or other property." These rules apply to personal as well as real property in trust," and to tr u s t property or funds
mingled w ith property or funds of the trustee," or to proceeds of the tru s t property in the hands of the trustee," or to
tru st property tran sferred to th ird persons! "and a cestui que tru s t may pursue the tru s t fund, regardless of the fact
th a t he holds collateral security therefore!” nor is the application of these rules affected by a sta tu to ry provision th a t
no tru s t shall arise w here a deed is m ade to one person and the consideration is paid by another.
63. G eneral and beneficial owner. The person whose in te re st is prim arily one of possession and enjoym ent in
contem plation of an ultim ate absolute ownership! not a collateral pecuniary claim requiring the person whose
in terest is prim arily in enforcem ent of paym ent of money as its legal title) and does not contem plate the use or
enjoym ent of the property as such. (BLACK'S 4).
64. BENEFICIAL OWNER. 1. One recognized in equity (in the private) as the ow ner of som ething because use and title
belong to th a t person, even though legal title may belong to someone else! esp.. one for whom property is held in
tru st (such as a beneficiary). (BLACK'S 3””).
65. General Owner. One who h a s th e prim ary or resid uary title to property! one who has th e ultim ate ow nership of
property. (BLACK'S 3”).
66. One who h as both the rig h t of property and of possession. (BLACK'S 4”).
67. Beneficial ow nership commonly refers to two situations!
C o p y Claim ed February 2020 -029-

68. 1. U nder U.S. securities law, a beneficial ow ner enjoys either sole or shared power regarding voting rights in a stock.
According to th e SEC, th is rig h t extends to include stock or securities owned by one person even if the title is held by
anoth er person or entity.
69. 2. Beneficial ow nership can also refer to a situation where an Individual or entity holds the right of ow nership even
if the stock Is registered w ith an o th er entity, such as a brokerage house. In this case, while the brokerage firm is
actually shown as th e holder of th e security, shares of stock in Company ABC via a brokerage house. Even though
the stock is recorded u n d er th e broker's name,
70. Beneficial Owner
71. W hat it is: The beneficial ow ner is th e individual or entity th a t enjoys the benefits of owning an asset, regardless of
whose nam e th e title of th e property or security is in.
72. How it w orks (Example): Beneficial ow nership commonly refers to two situations:
a. U nder U.S. securities law, a beneficial owner enjoys either sole or shared power regarding voting rights in a
stock. According to th e SEC, th is rig h t extends to include stock or securities owned by one person even if
th e title is held by another person or entity.
b. Beneficial ow nership can also refer to a situation w here an individual or entity holds the right of ownership
even if th e stock is registered w ith an o th er entity, such as a brokerage house. In th is case, while the
brokerage firm is actually shown as th e holder of the security, the investor is the beneficial owner.
73. For exam ple, Bob buys 100 sh ares of stock in Company ABC via a brokerage house. Even though the stock is
recorded u n d er th e broker's nam e, Bob is th e beneficial owner.
74. Why it M atters: Beneficial ow nership is a convenient and safe way of owning stock, especially for investors who
w an t to hold securities w ithout th e responsibilities of voting or becoming involved in corporate actions.
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76. U ltim ate Beneficial ow ner refers to th e n a tu ra l person(s) who ultim ately owns or controls a custom er and/or the
n atu ra l person on whose behalf a tran sactio n is being conducted. ... U nder MLD4, ow nership or control of more th an
25% of th e shares or voting rig h ts in a legal entity assum es ultim ate beneficial ownership.
77. Beneficial ownership: From W ikipedia, th e free encyclopedia: Beneficial ownership is a term in domestic and
in tern atio n al commercial law th a t refers to anyone who enjoys the benefits of ownership of a security or property,
w ithout being on th e record as being th e owner. W ebster's defines a beneficial owner as "one who enjoys th e benefit
of a property of which an o th er is th e legal owner."[l] The legal owner (i.e., the owner on the record) may be
described as th e "registered owner", and if they are not the beneficial owner they may be described as a "nominee".
78. In U nited S tates securities law, a beneficial ow ner of a security includes any person who, directly or indirectly, has
or sh ares voting or inv estm en t power. [2]
79. G enerally, th ere are four steps required to determ ine the beneficial ownership:
a. * Identify an d verify an accurate company record such as inform ation regarding register num ber, company
nam e, address, statu s, and key m anagem ent personnel
C o p y C la im ed Feb ru a ry 2020 -030-

b. * Determine the entities or n a tu ra l persons who have an ow nership stake, either through direct ow nership
or through another party
c. * Calculate the to tal ow nership stake, or m anagem ent control, of any natural-person and determ ine if it
crosses the threshold for UBO (ultim ate beneficial owner) reporting
d. * For all individuals th a t are determ ined to be a UBO, perform AML/KYC checks. [5]
80. The Find Law Legal Dictionary
a. Owner: one w ith an in terest in and often dominion over property: as
i. a- legal owner in th is entry
ii. b: one w ith th e rig h t to exclusive use, control, or possession of property
iii. c: a purchaser und er a contract for the sale of real property see also equitable owner in this entry
b. beneficial owner
i. i: one holding a beneficial in terest in a tru s t compare beneficial in terest a t in terest
ii. 2: one enjoying th e benefit of property of which another is the legal owner [was the beneficial
owner of property held by the p aren t corporation]
iii. 3: one who h as or shares th e power to control the voting or investm ent of stock [was considered the
beneficial owner of stock held by h er m inor children]
81. equitable owner
a. bne (as a beneficiary of a tru st) who is considered to have rights or obligations of an ow ner regardless of
legal title on th e ground of equity [do not have legal title but, upon execution of the contract, they became
equitable owners and have power to sue to protect th eir land "Dessen v. Jones, 551 N.E.2d 782 (1990)"]
b. legal owner: one who has legal title to property! broadly
i. :one determ ined by law to own property [a dispute over who is legal owner of the money] naked
owner in th e civil law of Louisiana
ii. :an owner of property burdened by a usufruct [a u sufructuary possesses the usufruct for him self
and the thin g for the naked owner "Louisiana Civil Code"] record owner
iii. :one who is th e owner of property (as land or stock) according to c u rre n t appropriate records
[received a tax bill as record owner of the land] called also owner of record
82. Overview of ultim ate beneficial ownership: M ost definitions of the term “ultim ate beneficial owner” are based on
guidelines from the FATF: U ltim ate Beneficial ow ner refers to the n a tu ra l person(s) who ultim ately owns or controls
a customer and/or the n a tu ra l person on whose behalf a transaction is being conducted. It also includes those
persons who exercise u ltim ate effective control over a legal person or arrangem ent. Reference to “ultim ately owns or
controls” and “ultim ate effective control” refer to situations in which ow nership/control is exercised through a chain
of ownership or by m eans of control other th a n direct control. This definition should also apply to beneficial owner or
a beneficiary under a life or other investm ent-linked insurance policy.
83. The EU’s Fourth Anti-Money L aundering Directive (MLD4) also substantially addresses ultim ate beneficial
ownership. U nder MLD4, ow nership or control of more th a n 25% of the sh ares or voting rights in a legal en tity
assumes ultim ate beneficial ownership. MLD4 also allows for senior m anaging officials to be tre a te d as beneficial
owners in cases w here the above criteria cannot be determ ined. Additionally, MLD4 stip u lates th a t EU countries
require en tities in th e ir jurisdiction to keep up-to-date ow nership inform ation in a central registry th a t is accessible
to authorities, obliged en tities, and public persons w ith a legitim ate interest, such as journalists or NGOs.
84. The following d a ta points can be used in determ ining beneficial ownership:
* S hareholdings and subsidiaries
* D irect and indirect ow nership
* U ltim ate beneficial owner
* A ctual and perceived independent of the company
* C orporate group, all com panies w ith the sam e ultim ate owner as the subject company
* Company tree diagram s
* Beneficial ow nership vs. perceived ow nership
* A ssessing ow nership via top down or bottom up approaches
* V arying definitions of ow nership
85. U ltim ate Beneficial Owner: Overview of ultim ate beneficial ownership. M ost definitions of the term “ultim ate
beneficial ow ner” are based on guidelines from th e FATF: U ltim ate Beneficial owner refers to the n atu ral person(s)
who ultim ately owns or controls a custom er and/or the n a tu ra l person on whose behalf a transaction is being
conducted. It also includes those persons who exercise ultim ate effective control over a legal person or arrangem ent.
Reference to “ultim ately owns or controls” and “u ltim ate effective control” refer to situations in which
ow nership/control is exercised through a chain of ow nership or by m eans of control other th an direct control. This
definition should also apply to beneficial ow ner or a beneficiary under a life or other investm ent-linked insurance
policy.
A ssignm ent of B eneficial Interest

86. C hitty's Index to All th e Reported Cases Decided in the S e v e ra l..., Volume 7, By Edward Chitty VII. ASSIGNMENT
OR SETTLEM ENT OF EQUITABLE INTEREST BY BENEFICIAL OWNER. A. having vested interest in a portion
of a tr u s t fund subject to th e life of B. therein, executes a voluntary deed of assignm ent of her expectant in terest in
reversion to G., an d gives notice to D., th e tru ste e of the fund: Held, th a t although the assignm ent of this
reversionary in te re st w as purely voluntary, th e in stru m en t operated as an actual assignm ent tran sferrin g the
equitable rig h t from A. to G., and not as a m ere agreem ent or executory instrum ent. A tru stee cannot prevent the
cestui que tru s t from m aking an effectual gift of his in te re st in the tru s t property, or any p a rt of it. W hatever rule
th ere may be ag ain st volunteers, it does not apply to the case of a cestui que tru st claiming against his tru stee, for
th a t which is considered a tru s t m ay be created gratuitously, and the absence of consideration for its creation is in
general im m aterial. 9. On a voluntary assignm ent of an equitable reversion, there being no power in the assignor to
deal w ith th e legal in terest, notice to th e tru stees is not necessary to the validity of the assignm ent. (Assignment of
Right vs Conveyance of Title and Possession)
87. The Ju rist, Volume 3, P a rt 26. A declaration of trust by the beneficial owner who is not legal owner.
a. The beneficial ow ner is th e proper person to m ake the declaration of tru s t; and a declaration of tru s t by the
legal ow ner is unavailing unless th e tru s ts are recognized and sanctioned by the beneficial owner.
C o p y C la im ed F eb ru a ry 2020
b. It has been decided th a t a beneficial owner m ay assign his equitable in te re st to a new cestui que
tru st [merge titles in defendant] w ithout notice to the tru stees [but statute requires it in counties for
mortgages, except for mortgagor’s equitable interest], and the donee may compel transfer of the
stock [securities] to him.
c. An equitable assignm ent of reversionary property [by Grantor]: the theory of the C ourt w ith regard to
equitable assignm ents is, that they pass no interest in the property: they are m ere agreem ents to assign,
which equity enforces ag ain st th e conscience of the assignor at the su it of an assignee for value [mortgage
foreclosure].
d. But in th e case of a reversionary in te re st [grantor’s] an equitable assignm ent is th e only mode of tra n sfe r,
except by a declaration of tru st, betw een which and an equitable assignm ent th ere is, if any, a very th in
distinction.
e. The assignor [grantor], by th e assignm ent, does all th a t a t the tim e he can do, and therefore it seem s th a t
equity will interfere to perfect the gift [trust transfer grant deed], a t the tim e not left im perfect through any
fault of the assignee or unw illingness of th e assignor.
f. I have supposed th a t th e C ourt was moved in these cases by the consideration, th a t unless such
assignm ents were supported in equity reversionary in terests [grantor] could not be tran sferred in te r vivos,
except for value [bargain and sale], or in th e form of a declaration of tr u s t!
g. The assignee would th en be considered th e beneficial owner in equity and m ight compel the tru stee s to
transfer th e legal estate to h im , subject only to the qualification, th a t if the tru stee s had, before notice of
the assignm ent, tran sferred the legal e state to another person, the assignee would be w ithout remedy.
88. Merwin, Elias, 1825-1891. Principles of equity and equity pleading. CESTUI’S QUE CONTROL OF LEGAL. TITLE
Page 181, §335. Beneficiary's control of legal estate—ending the tru st. — I t is im p o rtan t to observe th a t while the
legal estate is in the tru stee, yet, unless it would clearly defeat the plain intention of the tru s t in stru m en t, the
beneficiary, if s u i ju r is and sole beneficial owner, h a s in equity complete control, not only of the res itself, b u t of the
title as well — th a t is to say, th e tru ste e may be required by the cestui to m ake such conveyance of the legal title as
the latter may direct, and even a conveyance to th e cestui que himself, th u s p u ttin g an end to th e tru st.
TRUSTS. PERSONS AGAINST WHOM TRUST MAY BE ENFORCED.

89. "As a general rule a tru s t m ay be enforced ag ain st th e trustee," his assignees or personal representatives," heirs or
devisee,” and all persons who acquire th e tru s t funds or property or in terests therein, w ith notice of th e tru s t
equities,” or w ithout consideration!" and as ag ain st all persons who participate w ith the tru stee in m isappropriating
the trust fund or property,” or who claim a benefit from the tru stee 's acts!” and th is liability m ay be enforced against
the trustee and such other parties. B. Right to Follow T rust Property or Proceeds Thereof G eneral Rules. It is a well
settled rule th a t a cestui que tru s t h as th e rig h t in equity, to follow and recover, or im press the tru s t upon, the tru s t
fund or property which h as been wrongfully diverted, into w hatsoever form or hands it may come, so long as it may
be distinctly traced and identified," until it comes into the hands of a bona fide purch aser for value w ithout notice,"
or the rights of innocent th ird p arties have intervened," or until the m eans of ascertaining the property fails. The
Copy Claimed February 2020 -033

general proposition is m aintained, th a t if any property in its original state and form is impressed w ith a tru st, no
change of th a t sta te and form can divest it of such tru s t or give the tru stee converting it or those who rep resen t him
in right, not being bona fide p u rchasers for value w ithout notice, any more valid claim in respect to it th a n they had
before such change," an d it is im m aterial w hether th e property with which the tru st funds are mingled is money, or
w h eth er it is bills, notes, securities, lands, or other property." These rules apply to personal as well as real property
in trust," an d to tru s t property or funds mingled w ith property or funds of the trustee," or to proceeds of the tru st
property in th e h an d s of th e trustee," or to tru s t property transferred to third persons! "and a cestui que tru s t may
pursue th e tru s t fund, regardless of th e fact th a t he holds collateral security therefor!” nor is the application of these
rules affected by a sta tu to ry provision th a t no tru s t shall arise where a deed is made to one person and the
consideration is paid by another." Cyclopedia of Law and Procedure, Volume 39 by William Mack, Howard Pervear
Nash.
90. “Again, we are not your typical litigant. For example, w hereas a private defendant settling a case is playing with
his own money, we are negotiating w ith th e taxpayer’s money. We take very seriously our responsibility to the
public fisc, particu larly in cases w here th e funds to pay a settlem ent would come out of the judgment fund instead of
the “client” agency’s appropriated budget. The judgment fund is essentially an unlimited, permanent appropriation
that allows the Treasury to pay money judgments against the United States. Agencies are naturally more cautious
in settlin g litigation w hen they have to pay th e settlem ent out of th e ir finite annual appropriation. At DOJ, we need
to m ake sure th a t n eith er we nor th e agency play fast and loose w ith the seemingly bottomless pot of money in the
judgment fund. T h a t’s why I have asked our litigators to sta te in th eir settlem ent m em oranda where the money for
a poten tial settlem en t would come from.” A ssociate A tto rn e y General B rand D elivers R em arks to the Washington,
D. C. L aw yers C hapter o f th e F ederalist Society, DC. February 18, 2018.
91. Mode of Acquiring Root Title - ALIENATION: One mode of alienation is by MERE WRITTEN AGREEMENT!
another is by DEED, th a t is, by a w riting sealed and delivered; a third mode is by MATTER OF RECORD!
e. "An unimpeachable title or root of title might be obtained in favor of or by a purchaser for value, 1st.” [“A
Compendium of th e Law of Real and Personal Property, Prim arily Connected w ith Conveyancing” by Josiah
W. Sm ith, R etired Judge, Vol I, 6th Ed., 1884, Page 631.]
f. U ntil a deed is accepted by the grantee, the title to the estate does not pass out of the grantor, for no man
can m ake an o th er his grantee w ithout his consent, and a deed made to a m an w ith all requisite formalities,
and even en tered in th e public registry, w ill be null if not afterwards accepted by the grantee. (Maxim
“equity will not aid a volunteer! equity will not complete an im perfect gift”).
g. A delivery alw ays im plies an acceptance by the person to whom the delivery is made! and although where a
deed, or m ortgage, or an in stru m e n t purporting to be such, is properly acknowledged and recorded, the
presum ption is th a t it h as been duly delivered to the grantee or mortgagee, and th a t it is, in legal effect,
w h a t by th e record it purports to be, yet such presum ption is only prim a facia, and may be rebutted by
parole or oth er evidence, and shown never to have been delivered.
h. W hen a g ran to r causes an acknowledged deed, conferring substan tial benefits on the grantee, to be
recorded, th ere can be no doubt th a t it will afford prim a facia evidence, and even strong presum ption
evidence, of a delivery to and acceptance by the grantee! b u t such presum ption can be overcome by evidence
th a t no delivery in fact was intended, and none made.
i. Deeds creating a tru st, delivered to a th ird person or recorded by the grantor, have been upheld although
there w as no actual acceptance by th e trustee.
j. The person nam ed as tru ste e never h eard of or saw the deed u n til long after it w as recorded, and th en
refused to accept th e tru s t or in any way to act upon it. The court held th a t his refusal was im m aterial,
saying: “A lthough a tru ste e m ay never have heard of the deed, the title vests in him , subject to a disclaim er
on his part. Such disclaim er as a tra n sfe r of the equitable in te re st to a th ird person. A tru s t cannot fail for
w ant of a tru stee, or by th e refusal of all th e tru stee s to accept the tru st. The court of chancery will appoint
new tru stees (Lawyers Report Annotated).
k. NOTE: legal fictions CAN ONLY HOLD TITLES “BY CHARACTERISTIC” and P riv ate A m erican N ational
Citizens only HOLD TITLES “BY NATURE”... and a title by n a tu re extinguishes a title by characteristic in
a court of equity!
i. B ut constructive possession is a fiction and a fiction holds good only for th e ends and purposes for
which it was invented.
ii. when attem pted to be used for oth er purposes, the tru th and not the fiction m u st prevail.
iii. fictions in law are designed to be in furtherance of equitable objects, an d for the a tta in m e n t of
su b stan tial justice, and to prevent the failure of right.
iv. It is a maxim of th e law th a t "a legal fiction is always consistent with equity.”
v. http://www.archive.Org/stream /reportsca.sesinl00hamlgoog#nage/n520/mode/2up/search/eciuitv
Principal/Agent Relation
a. The big lesson below is you w ant to be a “Agent” and not a principal/surety - here’s the biggest th in g - the
Agent can bind th e Principal in a contract.
b. A gent/Principal [you are the “agent” and th e “b irth certificate ALL CAP is th e “principal”
c. The knowledge of an agent can be charged to the principal only w hen clear proof is m ade th a t the
knowledge was p resent in th e agent's m ind a t the tim e of the transaction, which is th e subject of
consideration by th e court. S lattery v. Schwanneclce ct al. (Ct. App.)
d. The general rule, th a t notice to th e agent is notice to the principal, will operate w ith equal force and effect,
w hether th e notice to the agent be actual, or constructive. A ctual knowledge m ay be brought hom e to the
agent by th e most direct evidence, or he may be chargeable w ith constructive notice by a Us pendens, by a
registration, by recitals in title deeds, by possession of the property by a stran g er, or by circum stances
sufficient to p u t a p ru d en t m an upon inquiry! in all such cases th e effect upon the principal is th e sam e as
though th e inform ation or notice to th e agent had been to him in person. So, notice to one p a rtn e r is notice
to th e oth er as to p artn ersh ip m atters!6 b u t not as to individual m a tte rs.... A nd notice to one or more
directors is notice to th e corporation. (Gibson).

e. Constructive tru s ts are predicated upon fraud, and frequently, if not alm ost invariably, have their inception
in im position upon persons easily defrauded, or in breach of fiduciary relations w herein the cestui que tru st
is largely a t th e mercy of th e fiduciary. If, therefore, the rule were th a t mere notice, followed by apparently
inconsistent conduct, w orks a divestiture of the tru s t estate, a prem ium would be placed upon dishonesty
and breach of tru st. Moreover, it would seem th a t a clearer case of knowledge and the intention to waive the
tru s t should be required, in order to preclude the beneficiary from asserting a tru s t of the kind here
involved, th a n in th e case of mere creditors seeking to vacate a frau dulent conveyance by the debtor. In the
la tte r case the creditors have no estate in the res, and the question is merely w hether an inchoate right has
been waived! w hereas, h ere th e question is w hether an estate has been divested, or else a question of
estoppel, which la tte r involves more th a n knowledge or notice in th a t there m ust be also change of position
and injury.
Suretyship
92. "Suretyship is a very specialized line of in surance th a t is created w henever one party guarantees performance of an
obligation by an o th er party. T here are th ree p arties to the agreem ent: - The principal is the p arty th a t undertakes
the obligation."
a. Gibson §47 - th e term ’’quasi-trustee" denotes and includes .. .principal debtor in cases of suretyship,
[because th e su rety is th e principal debtor if the principal/obligee does not perform.]
b. §52...’’m isconduct of th e tru stee's agent” [bingo - the tru ste e can have an agent]
c. §52...money in th e bank, he chose the agent or attorney, and he loaned the money. The maxim applies, also,
to cases w here an agent h as been given a p p aren t authority to sell goods, or do any act, and, taking
advantage of th is a p p a re n t authority, sells the goods, or does the act, in fraud of the principal's rights, and
m isapplies th e proceeds. In such cases the loss falls not on the party who deals with the agent, but on the
principal.
d. §52. W here a p a rty signs a forged note as surety, believing the principal's signature thereto genuine, and
th e payee p a rts w ith value for such note, the party so signing as surety must bear the loss.
e. C JS Section 739, Bills & Notes. Book 11. “Signing as Agent”: “Personal Liability”. In accordance with the
N egotiable In stru m e n ts Act Sec. 20, w here an accommodation signer merely adds words describing him as
an agent or rep resen tativ e w ithout disclosing his principal, th e agent will be held personally liable.
f. W here a m ortgage debt forms a p a rt of th e consideration of the purchase, although the purchaser has not
entered into any contract or agreem ent by deed or other w riting to pay it, the grantor becomes as between
th e p arties th e su rety of th e grantee, and if he pay the m ortgage debt he has the right to be subrogated to
all th e rig h ts of th e mortgagee. R eports of Cases a t Law and in Equity D eterm ined by the Suprem e ...,
Volume 51 WOOD v. SMITH 51 IOWA 156. Mortgage: SUBROGATION.
g. The M ortgage! its origin and history Page 454. The law holds a mortgagee in possession to the fiduciary
character, duties, an d responsibility of a tru stee, and compels him to account to the mortgagor as though
the mortgagor were his cestui que trust. M ush of the difficulty in establishing a uniform rule, grows out of
th e fact th a t a m ortgage h as been differently considered in courts of equity and courts of law. In the former
it is merely a security for money, in th e la tte r it h a s been considered as a conveyance upon condition. T here
is such m anifest justice in th e equitable doctrine an d all its incidents, th a t it m u st ultim ately prevail.
h. No Waiver of Equity of Redemption: The debtor's equity of redem ption is a privilege of which he cannot
divest him self by any agreem ent or stipulation in th e m ortgage itself. W hatever m ay be th e form of the
mortgage, the equity of redem ption is a necessary p a rt of it, or incident to it, and is regarded as
fundam ental to the very conception of a m ortgage. Thus, even the m ortgagor's solemn agreem ent
incorporated in the mortgage, th a t, if prom pt paym ent is not made, the e state shall be forfeited and the title
shall vest absolutely in the m ortgagee, cannot bar a redemption! th a t can be done only by a foreclosure. 1 So,
the parties cannot m ake a conveyance of land, absolute in form, a security for the paym ent of money by a
given day, and, if paym ent is not th en made, have it tre a te d as an absolute sale and conveyance. Every deed
takes effect from its delivery, and its character thereby becomes at once fixed. W hat is once a m ortgage is
always a mortgage! and if th e in stru m en t is a m ortgage w hen delivered, it will so continue until the right of
redemption is barred by some of the modes recognized by law. §281
A_Treatise_on_the_Law_of_Mortgages_and_Deeds H enry Campbell Black.
i. M innesota S tatu te 336.3-419. In stru m en ts Signed for Accomodation.
j. Reports of Cases Adjudged in th e C ourt of Chancery of New-York ..., Volume 1
k. By New York (State). C ourt of Chancery, W illiam Johnson Moses and others ag ainst MURGATROYD AND
OTHERS Book page 126 T here could be no doubt as to the equity of the case! and it w as equally clear,
th a t the surplus moneys in the h ands of th e adm inistrator, arising out of the sale of the real estate, w ere
equitable assets. An executor, though entitled to the surplus of the personal estate, cannot take the
proceeds of the real estate. An equity of redemption is equitable assets! and on the principle that equality is
equity, a court of equity will alw ays endeavor to m ake equitable assets, by disregarding all preferences
among the creditors. Chancellor: These collateral securities are, in fact, trusts created for the better
protection of the debt! and it is th e duty of th is court to see th a t they fulfil the design. And w hether the
plaintiffs were apprized, a t th e time, of th e creation of th is security, is not m aterial. The tru s t w as created
for their benefit, or for th e b etter security of th e ir debt, and w hen it came to th e ir knowledge, they were
entitled to affirm th e tru st, and to enforce its perform ance. It was held, in P lunket v. Penson, (2 Aik, 290.,)
th at the equity of redem ption of a m ortgage, in fee, forfeited in the lifetim e of the m ortgagor, w as equitable
and not legal assets! and th e sam e doctrine was held by the M aster of the Rolls, in th e case of S ir C harles
Cor's creditors, (3 P. Wms. 34.1.) B ut as th e creditor h as a rem edy a t law, w ith us, ag ain st an equity of
redemption, it m ight be doubted w h eth er it could be deemed equitable assets while unsold ! b u t after it is
converted into money, under th e decree of th is court, I th in k the money is to be tre a te d as equitable assets!
for the creditor m ust come here for relief, as th e money is placed under th e jurisdiction of the court. The
general doctrine is to encourage, as m uch as possible, the idea of equitable assets, because equality in the
paym ent of debts is equity, and the rule of distribution, in chancery, is founded on principles of n a tu ra l
justice. I conclude, then, th a t th e surplus moneys now in court are to be tre a te d and distributed as equitable
assets! and as no objection w as m ade to th e w an t of proper parties before th e court, the decree m u st be
entered accordingly!
ned February 2020
93. §60 Footnote. A m an's property is. in a sense, a p a rt of him self, and w hen his property is seized by another he is
presum ed to know it, th e property being in th e possession of him self or agent, and the knowledge of the agent being
considered th e knowledge of th e principal.
94. §62. Q ui fa cit p e r alium fa cit p e r se. “He who does any th ing by another, does it himself.” The act of the agent is the
act of th e principal! and am ong p a rtn e rs each one is the agent of all the others. If the principal, or m aster, ratifies an
act of his agen t or servant, th e effect is th e sam e as though such act w as expressly authorized before it was done.
95. §65. Notice to an A gent w hen Notice to his P rin cipal. Notice to an agent in the business or employment which he is
carrying on for his principal, is a constructive notice to the principal himself, so far as the latte r's rights and
liabilities are involved in, or affected by, th e transaction. This rule alike includes and applies to the positive
inform ation or knowledge obtained or possessed by the agent in the transaction, and to actual or constructive notice
com m unicated to him therein. The general rule, th a t notice to the agent is notice to the principal, will operate with
equal force and effect, w h eth er th e notice to th e agent be actual, or constructive. Actual knowledge may be brought
home to th e ag en t by th e m ost direct evidence, or he may be chargeable w ith constructive notice by a Jis pendens, by
a registration, by recitals in title deeds, by possession of the property by a stranger, or by circum stances sufficient to
p u t a p ru d en t m an upon inquiry! in all such cases the effect upon the principal is the sam e as though the
inform ation or notice to th e agent h ad been to him in person. So, notice to one p a rtn e r is notice to the other as to
p artn ersh ip m atters!6 b u t not as to individual m atters.
NAM ES
Gibson §271, footnote.
a. If th e coin be gold a wrong nam e will not m ake it brass. The nam e is a mere tag.
b. N a m in u m utabilia, res outem im m obiles. "Names are m utable b u t things are im m utable."
c. No b ap tism al nam e is required for a bill, and no plea of m isnom er will lie to it.
d. M axim - E quity looks to th e in te n t ra th e r th a n to the form. The Moloch of Form ality erected by the Law,
and on whose iron a lta rs Ju stice h a s been so often sacrificed, h as never profaned the Temples of Equity.
e. T here is no magic in forms or nam es in a Court of Equity.
f. N ih il fa cit error n om inis cum de corpore constat. "An error of nam e am ounts to nothing when there is
certain ty as to th e th in g itself."
g. P raesntia corporis tollit errorem nom inis. "The presence of the body does away w ith the m istake in the
name."
h. The bill being in th e h an d s of th e Chancellor, its praenom en is wholly im m aterial, he will judge it from its
allegations. The Code does not require a bill to have any C hristian Name.
i. Talis non e s t eadem, nam n u llu m sim ile e s t idem. W hat is like is not the same, for nothing sim ilar is the
sam e. 4 Co. 18. Bouvier D ictionary 1856. [your nam e and the BC nam e are NOT same].
j. N am e Decree to be exonerated from th e B irth Certificate - D river’s License - Social Security Card Name by
getting your own private decree th a t you own your private nam e w ithout the state. Once decreed, record
your private BC w ith D epartm ent of H ealth, and get a new seal. Also record in Civil Registry of county,
C o p y C laim ed F ebruary 2020

b irth county, and get update th e social security adm inistration about your social security card is not your
name.
k. 1906 NAME TREATISE. If, therefore, a child has been registered in one C hristian nam e and baptized in
another, th e b aptism al nam e (which short of an Act of P arliam en t is unchangeable) is its tru e and
u n alterable nam e, and priority of baptism or of registration h a s no w eight one way or the other. An entire
change of nam e a t a tim e of ad u lt baptism is a lawful and irrevocable conferring of a nam e, absolutely
operative as a b ar to prior repute.
1. It is now perfectly well settled th a t it is th e duty of a court of equity to protect a person in the use of a nam e
which he h as appropriated and so used as to render it valuable to him.
httnV/www. archive. org/stream /new iersevcases38new i#page/468/m ode/2up/search/eauitv
ADULT NAME CHANGE

1. Bible: Lord’s P rayer “...hallow ed be thy nam e” In the N am e of C hrist, Jesu s, in the nam e of th e Lord, the
Kingdom is th ru the F ath er, ‘tell them I am th a t I am sen t you’,
m. The Practice a t Law, in Equity, and in Special Proceedings: In A ll..., Volume 2 By W illiam W ait Book page
370. By a name in law, m ust be understood the full Christian name as received in baptism, prefixed to the
surname received from the party's ancestor. Initials or "middle names" are not recognized in law.
n. 18 U.S. Code § 1342 - Fictitious name or address: Whoever, for the purpose of conducting, promoting, or
carrying on by m eans of th e Postal Service, any scheme or device m entioned in section 1341 of this title or
any other unlaw ful business, uses or assum es, or requests to be addressed by, any fictitious, false, or
assum ed title, nam e, or address or nam e other th a n his own proper nam e, or ta k es or receives from any
post office or authorized depository of m ail m atter, any letter, postal card, package, or other m ail m atter
addressed to any such fictitious, false, or assum ed title, nam e, or address, or nam e o th er th a n his own
proper nam e, shall be fined und er th is title or im prisoned not more th a n five years, or both,
o. Fannie M ae Interrogatories in court pleading: "As used throughout these Interrogatories, the term "you,"
its plural or any synonyms thereof, is intended to and shall em brace and include in addition to th e nam ed
party or parties, counsel for such p arty or parties, and all agents, servants, employees, representatives,
investigators and others who are in th e possession of or who m ay have obtained inform ation for or on behalf
of th e nam ed party or parties.”
p. A m erican Jurisp ru d en ce 2nd, 2010, Deeds, In G eneral 23 Am J u r 2d Deeds § 3 Indenture! deed poll. An
"indenture" is a deed or w riting containing a conveyance, bargain, contract, covenant or agreem ent betw een
two or more parties, which gets its nam e from its form of w riting, which is in cou n terp art w ith the edges
indented to facilitate identification of th e parts. I t is th u s distinguishable from a "deed noil" which is a deed
executed by th e g ran to r only, th e usual form of comm encem ent being "Know all m en by these presents" or
"I. ... hereby grant, etc.” The common form of conveyance is a deed poll and a deed poll given by one party
and accepted by an o th er is as effectual as if a form al indenture had been signed. A m Jur “A ssum ed N am e”
in back of book.

q. OBJECTIVE: “Your Honor, I am here to establish first hand perfected knowledge of the facts of my adult
name to be distinguished from ail other assumed, aliases, hearsay names.”
r. A m Ju r “A ssum ed N am es” §64 [Watch how they hook you for using fake names]
i. A fictitious nam e h as no independent legal existence! rath er, it is a fiction involving th e nam e of
th e real p a rty in in te re st and nothing more. Indeed, an undertaking by an individual in a fictitious
nam e is th e obligation of th e individuals.
ii. A contract entered into by a person under an assum ed or fictitious nam e is valid.
iii. Accordingly, a change in th e nam e of the debtor does not defeat a creditor’s claim, [as long as your
nam e is th e debtor]
iv. A ju dgem ent entered for or against th a t individual in an assum ed nam e is valid.
v. An assum ed or fictitious nam e m ay be either a purely artificial nam e or a nam e th a t is or may be
applied to n a tu ra l persons. It is im m aterial th a t there is a living person who bears the same
assum ed nam e.
vi. A person m ay be designated in legal proceedings by the nam e by which such person is commonly
know n although th is does not constitute the person’s tru e nam e, [they are happy to sue a fake
nam e, b u t th a t’s because they can’t use your “tru e nam e”]
The reg u lar use of an assum ed nam e by which one is commonly known will not suffice to make it
th e “tru e nam e” required to be stated by a statu te, the m ajor purpose of which is to determ ine the
past, as well as th e present, identity of the individuals, [in other words, you’ve been using an
assum ed nam e your whole life, doesn’t m ake it your “tru e nam e”, the B irth Certificate name proves
a b irth event, b u t not your p resen t identity. W ouldn’t you agree th a t proving your A dult statu s is
more im p o rtan t th a n proving your birth event?]
viii. Lack of Capacity to Sue: The doing of Business under a fictitious or assum ed nam e have been
enacted, and in some states, th e fictitious nam e sta tu te perm its, ra th e r th a n requires, the
reg istratio n of assum e business names. E ast p arty doing business under an assum ed nam e m ust
file an assum ed-nam e certificate! otherwise, the party cannot maintain suit in the state court
under that name.
ix. A person who h as used an assum ed nam e for a num ber of years, w ithout being known as such or
w ithout tra n sa c tin g business in any other name, even though the person has not obtained a decree
of court changing his or h er nam e, is not using a fictitious nam e w ithin the m eaning of a statute.
x. Compliance w ith th e assum ed nam e sta tu te is an absolute prerequisite to the action, the courts
have frequently held th a t forbidding a p arty to “m aintain” an action does not m ean th a t the action
cannot be commenced.”
xi. Compliance w ith sta tu to ry provisions of assum ed nam es need not be alleged by the plaintiff.
Noncompliance is a m a tte r of defense in abatem ent of the action, and an objection to the legal
capacity of th e plaintiff to sue, based on this ground, m ust be raised in some appropriate way, as by
d em u rrer if th e incapacity appears on the face of the com plaint or petition, by answ er of by proper
and tim ely motion. Otherwise, the objection will be deemed waived.
C laim ed February 2020
Middle N am e N ot Recognized in Law
96. The 36th G eneral Assembly S tate of Ohio 1837. “In law, two C hristian nam es are not know n or recognized. The
law does not notice or regard a m iddle nam e. If th e petitioner desire, for the sake of distinction, to assum e and use
the middle nam e, there is no legal objection to his so doing of his own pleasure.
Idem Sonans
1. In General. If nam es sound alike, or substantially alike, they are usually regarded as th e sam e, although spelled
differently, and the variance in th e ir spelling is considered to be im m aterial. Doctrine of “idem sonans” is a product
of the courts brought about by th e orthography, pronunciation, and v arian t spelling of proper nam es, and the
underlying reason for th e doctrine of idem sonans is to fix the identity of a particu lar person as to the one
named, (nam es sound th e same) b u t th e spelling-is different and im m aterial unless it is such as m isleads
transform ing th e nam e into a wholly distinct appellation. If the e ar finds difficulty in distinguishing the two nam es
when pronounced, they are “idem sonans”, though spelled differently are to be regarded as th e sam e. CJS -
“NAMES”.
2. If the attentive ear finds difficulty in distinguishing the two nam es w hen pronounced, they are idem sonans, and,
although spelled differently, they are to be regarded as the same. No general rule exists by which one can determ ine
in all cases w hether or not th e rule of idem sonans should be applied, b u t each case m ust be determ ined by itself by
the sound of th e two nam es, as to w hether in fact they relate to th e sam e person.
3. In relation to variances, courts a t th e p resen t day are not confined to the rigid rule of idem sonans, b u t adopting a
more liberal and reasonable one, enquire w hether the variance be m aterial or im m aterial. If th ere be a m aterial and
substantial variance, it is fatal! otherw ise it is not. The C ourt says, “if two nam es are ta k en promiscuously to be the
same, in common use, though they differ in sound, th ere is no variance. (3) W here two nam es are derived from the
same source, or where one is an abbreviation or corruption of th e other, b u t both are tak en by common use to be the
same, though differing in sound, th e use of one for the other is not a m isnom er.” (4) According to these authorities, it
appears th a t th e courts a t th e p resen t day are not confined to the rigid rule of idem sonans, b u t adopting a more
liberal and reasonable one, enquire w hether th e variance be m aterial or im m aterial. If th ere be a m aterial and
substan tial variance, it is fatal! otherw ise it is not.
Notice and its Effects.

4. He who buys w ith notice of another's rig h ts is bound in good conscience to hold w h at he buys, subject to those rights,
for otherw ise he would be taking advantage of his own wrong, and would be enriching him self at another's expense.
neither of which acts is p erm itted by a C ourt of Conscience. (Maxim: “He who seeks equity m ust do equity.”)
5. Unregistered Equitable Claim: Pomeroy §659 In other words, if a subsequent purchaser for a valuable
consideration has p u t his conveyance upon record, b u t a t the tim e of his purchase was affected w ith notice th a t there
was a prior o utstanding b u t unregistered conveyance of the sam e prem ises from the sam e grantor, would he be
protected by his record n otw ithstanding th e notice? or would the notice operate, like the constructive notice arising
from a registry, to postpone his own in te re st to th a t conferred by the prior unregistered instrum ent! This question

w as p resen ted to th e English courts of chancery a t an early day, and was settled by them in accordance w ith the
general principles of equity! and th e ir decisions have w ith great uniform ity been adopted and followed by the
A m erican courts I t is th e established doctrine th a t a notice of some kind, of an existing, prior, unrecorded
conveyance, operates, like th e constructive notice arising from a registry, to postpone a subsequent and recorded
in stru m en t. If a subsequent purchaser, even for a valuable consideration, had received notice of a prior unrecorded
in stru m en t, th e n he cannot acquire or re ta in th e precedence from a registration of his own conveyance! his
conveyance, though recorded, is subordinate and postponed to the prior unrecorded one of which he had received
notice.
6. COMMERCE IS SIMPLY SHADOW TITLES not claimed in the private, titles th a t someone did not perfect their
private title to (“E quity will not complete an im perfect gift! equity will not aid a volunteer”): Shadow Titles: Pomeroy
§47. The ow nership of th e equitable esta te is regarded by equity as the real ownership, and the legal estate is, as
has been said, no more th a n the shadow always following the equitable estate, which is the substance, except where
there is a p u rch aser for value and w ithout notice who has acquired the legal estate.
The Doctrine of Merger

7. HEITK EM PER v. SCHM EER ET, AL., 130 Or. 644 (1929) “W hen the equitable title and the legal title merge in the
sam e person th e re is no reason for th e continuation of the tru s t and it term inates.
8. PEDRAJAS v. BLOOMFIELD TRUST CO., 101 N. J. Eg. 105 (1927) “W henever a greater estate and a less coincide
and m eet in one an d th e sam e person, w ithout any interm ediate estate, the less is im m ediately annihilated, or, in
th e law p hrase, is said to be m erged---that is sunk or drowned in the greater.
9. M erging of Titles. The D octrine of M erger: “M erger” is w hen legal and equitable title vest in the same
individual/entity - w hen whole title is achieved, the beneficiary becomes the grantee - the tru s t term inates. Here’s
m any w ays “m erger” happens, w hen titles vest in the sam e entity.
xii. A higher right and a lower right over the same subject matter- the lower right is extinguished.
xiii. W hen an easem ent is acquired by the encum brancee the easem ent is extinguished.
xiv. w hen a debtor becomes the beneficiary of the debt - the debt is extinguished.
xv. W hen one w ithdraw s from general deposit and re-deposits on special deposit th e same subject
m a tte r th e relations change - the lower relation is extinguished, i.e., debtor/creditor is
extinguished, and special confidence relations are left.
xvi. W hen a beneficial rig h t by n a tu re of a living m an claim s the beneficial right of a legal fiction over
th e sam e subject m a tte r - th e higher rig h t wins - by n a tu re - because rights by n ature trum p
rig h ts by characteristic.
xvii. W hen legal title by n a tu re of a living m an is assigned to a shadow title aka legal title by
characteristic, th e lower quality legal title by characteristic is extinguished.
xviii. W hen law ful consideration is tendered the credit/fiat title is extinguished.
xix. W hen a claim in exclusive equity is recognized the a t law claim is annihilated.
xx. W hen an equitable asset of substance is moved to a legal title by characteristic - the legal title is
extinguished - (your signature can be noticed to be an equitable asset - those assets th a t can
charge in th e eyes of equity.
xxi. W hen the tru ste e becomes th e beneficiary - the duty is extinguished.
xxii. W hen notice of an equitable claim over th e sam e subject m atter is not reb u tted by proper notice
(Gibson W aiver/C onsent/Priority).
s. At law (a trustee), a m an cannot be his own creditor or debtor! hence, w hen he acquires an e state subject to
a charge in his own favor, th e charge will, in law, merge in the estate.” (Van O rm er’s Est., 25, Pa. §234,
237, CJS ESTATES), (also, you can be a debtor to your own estate),
t. GEORGE C. BAGLEY v. McCARTHY BROTHERS COMPANY. Ju n e 23, 1905. M innesota Reports Volume
95. Book page 289. M erger. “A m erger, a t law, is defined to be w here a greater e state and a less coincide
and m eet in one and th e sam e person, in one and the sam e right, w ithout any interm ediate estate. The less
e state is im m ediately annihilated, or, in th e law phrase, is said to be m erged—th a t is, sunk or drowned—in
th e greater.
u. “GILBERT LAW SUMMARIES: TRUSTS” §159 “W here a sole tru ste e and sole beneficiary are one and the
sam e person, the resu lt is a m erger of legal and equitable titles, defeating the tru s t and creating a fee
simple in th e person. In terests m ust be exactly the sam e for m erger to occur.. .rights are said to be m erged
w hen th e sam e person who is bound to pay is also entitled to receive. This is more properly called a
confusion of rights, or extinguishm ent.”
v. LET'S DO A COMMON LAW LEGAL TITLE LESSON ON MERGER,
w. Account No. 1 says "John H. Doe"
x. Account No. 2 says "Doe, J.H."
y. Account No. 3 says "JOHN DOE"
z. Account No. 4 says "J DOE"
aa. Account No. 5 says "John H enry Doe"
bb. DO THOSE LEGAL TITLES MERGE?
cc. And if you're m arried it gets crazier....
dd. Account No. 1 says "John H. Doe and Mary"
ee. Account No. 2 says "Doe, J.H . and M J"
ff. Account No. 3 says "Mr. and Mrs. JO H N DOE"
gg. Account No. 4 says "J DOE and M Doe"
hh. Account No. 5 says "John and M ary Doe"
ii. Account No. 6 says "Mr and M rs Jo h n Doe, H usband and Wife"
jj. Account No. 7 says "John H Doe aka Jo h n Doe, and M ary J Doe, a m arried couple”

In Rem Proceeding
10. Gibson §55 Suits in Chancery. W here there are E q u a l Equities, the F irst in Order o f Tim e sh a ll Prevail. H e who is
p rior in tim e is superior in right. The m a xim is som etim es m isunderstood a n d misapplied. I ts true m eaning is th is■
A s betw een p ersons h a ving equitable in te re sts only, i f th eir in tere sts are in a ll other respects equal, priority in tim e
g ives sup erio rity in right. And, in a contest betw een persons having only equitable interests, priority of tim e will
give superiority of right, provided th ere is not oth er sufficient ground of preference betw een them . For, if the
equities are equal, and one of th e p arties has, in addition, the legal title, th e n another maxim would apply: Where
th ere is equal equity th e law m ust prevail. In a C ourt of Chancery, in a conflict of equities, the p arty having the
superior equity will prevail; an d if th e equities are equal, and neither p arty h as the legal title, then priority prevails;
and if no priority the d efendant prevails.
11. “I accept as g ran tee”. G ranto r/g ran tee relationship: absolute title passes, both assets and liabilities, the entire
ledger. One cannot force someone to be G rantee, b u t an implied grantee w ith status, lawful consideration and notice
can force an operation of an assigned title to be an absolute conveyance: B ut you can m ake someone an implied
gran to r an d m ake yourself a grantee w here operation of law is otherw ise determ ining the relationship. The reason
you can do th is is by M axim E xp ressu m fa cit cessare taciturn. “T h at which is expressed m akes th a t which is implied
to cease.”
The M ortgage
12. WHAT IS VALUABLE CONSIDERATION for a mortgage? W hat did you receive for w h at you gave? Loan
Application, Notice of Approval they are holding “Credit/Asset”, G rant Deed, Lien, M ortgage contract, Note,
Clogging Provisions, L andlord/T enant R elationship, im provem ents, m an security.
13. Pomeroy §1192, A court of equity will look beyond the external form, a t the real relations betw een the parties, and
will protect the debtor’s equity of redem ption, if necessary, in opposition to the literal term s of the instrum ent. This
principle lies a t th e base of th e entire equitable doctrine, and is applied to m ortgages in the ordinary form, to deeds
with a separate defeasance, to deeds absolute on th e ir face, to deeds w ith accompanying agreem ents to re-convey,
and to every other form of assurance which is in reality a security.
14. §1192. If th e in stru m en t be in fact a m ortgage, it is entirely im m aterial th a t th ere is no provision for a redemption,
or no day fixed for th e paym ent.
15. §1196. Whenever a deed absolute on its face is thus treated as a mortgage, the parties are clothed with all the
rights, are subject to all the liabilities, and are entitled to all the remedies of ordinary mortgagors and mortgagees.
The grantee may maintain action for the foreclosure the grantor's equity of redemption; the grantor may maintain
an action to redeem and to compel a re-conveyance upon hi? payment of the debt secured. If the grantee goes into
possession, he is in reality a mortgagee in possession, and as such is liable to account for the rents and profits.
16. The M ortgage; its origin an d history Page 454. The law holds a m ortgagee in possession to the fiduciary character,
duties, and responsibility of a tru stee, an d compels him to account to the m ortgagor as though the mortgagor were
his cestui que trust. M ush of th e difficulty in establishing a uniform rule, grows out of the fact th a t a mortgage has
been differently considered in courts of equity and courts of law. In the form er it is m erely a security for money, in
Copy Claim ed F ebruary 2020

the la tte r it h as been considered as a conveyance upon condition. There is such m anifest justice in th e equitable
doctrine and all its incidents, th a t it m u st ultim ately prevail.
17. A T reatise nn the A m erican Law of Real Property, Volume 2 By Emory W ashburn SECTION VI. MERGER OF
INTEREST. It is generally tru e, th a t w henever a legal and equitable estate in the sam e land come, to one person in
the same right, w ithout an intervening in te re st o u tstanding in a th ird person, the equitable m erges in th e legal
estate, and th e la tte r alone rem ains subsisting. B ut in order to work a merger, the m ortgagee m u st be th e holder of
the moi'tgage a t the tim e he acquires th e e state of the mortgagor. If he has parted w ith th a t, th ere would be no
m erger by his coming into th e place of th e m ortgagor. In applying th is principle to m ortgages, it m akes no
difference w hether th e m ortgagor or his assigns pay off the m ortgage or take an assignm ent of it, or th e m ortgagor
conveys to th e m ortgagee by an absolute deed.2 Such m erger extinguishes the m ortgage-debt, and the m ortgage can
no more be set up th a n if it had been fully paid. And a release of an equity of redem ption operates as an
extinguishm ent of th e equity of redem ption, and not as a m erger of the e state conveyed by th e mortgage.
18. Pomeroy §1210. Assignment o f the Debt Carries with It the M ortgage. W hat Operates as an A ssignm ent. The fundam ental principle
upon which this doctrine o f assignm ent rests is, that the debt is the principal thing, and the mortgage is only an accessory or
incident o f the debt and can have no separate independent existence. The doctrine is therefore universal, that any valid operative
assignment o f the debt, w hether evidenced by a bond, note, or otherwise, is also an efficient assignment o f the m ortgage, and
vests the assignee with all the equitable rights, interests, and remedies o f the m ortgagee. In the absence o f a contrary statutory
requirement, such assignment need not even be in w riting: it may be merely verbal with delivery. It also follow s, as a necessary
consequence o f the same principle, that an assignm ent o f the mortgage alone, w ithout the debt, is wholly nugatory in equity, and
passes no equitable rights to the assignee. Even in the states where the legal estate in the premises may be conveyed by the
mortgagee, such an assignment would only vest the assignee with the naked legal title held by him in trust for the one who owned
the debt.** The rights o f priority acquired by the assignee, as governed by the original doctrines o f equity, and is modified by the
recording acts, and how far he takes subject to, or freed from , existing equities in favor of the m ortgagor and others, have already been
considered in a previous chapter. [**Also see “ Debtor in Possession” 21. See i I U.S.C. §§ 1107. 544. 547, and 548 (W est 2010)., et
seq. ‘DIP substitutes in the shoes o f the T rustee’][***the Debt ow ner is the beneficiary o f the m ortgagee assignee-
tru ste e . M o rtg a g e e a s s ig n e e o n ly h o ld s n a k e d title.]
19. Mortgage Legal Defense expert 45 year veteran BAR Attorney Forensic Specialist. The numbers of
foreclosure defense on public call 2019 (he collects $20,000 retainer):
a. 98% lose their homes and walk away
b. small number get cash for keys
c. modifications lose 98% foreclosure
d. 2% defended
e. 1 % defended aggressively
f. 1/2 percent half o f those defended aggressively were successful.
g. .05% win their cases, good arguments, good forensic.
h. Neil wins 60 or 70% defending aggressively
i. of the half percent success, 3/4 receive settlement of money, SIGN NDA.

MORTGAGE EQUITY OF REDEMPTION
20. “it is also an established doctrine that an equity of redemption is inseparably connected with a mortgage! th a t is to
say, so long as th e in stru m e n t is one of security, the borrower has in a court of equity a right to redeem the property
[deed absolute m ea n s everyth in g given fo r security n o t ju s t the house] upon paym ent of the loan [doesn’t sa y that
“y o u ”p a id A]. This rig h t cannot be waived or abandoned by any stipulation of the parties made a t the time, even if
em bodied in th e m ortgage. This is a doctrine from which a court of equity never deviates. 1877 Suprem e Court of
U nited S tates Peugh v. Davis.
21. A corporation, which as well as th e king was formerly not considered as subject to the perform ance of a mere trust,
is now subject both to a trust and an equity of redemption, and it m ay be broadly laid down, that the equity will lie
against every person and body politic or corporate, saving the doubt already m entioned of the w ant of express
au th o rity for th e proposition that an equity of redemption w ill lie against the king next to the rights and incidents of
a n equity of redem ption.
22. “The grantee u n d er a conveyance styled an "indenture," though signed only by the grantor, which contains a clause
to th e effect th a t th e conveyance is m ade subject to a mortgage, which the grantee assum es and agrees to pay,
becomes bound, upon acceptance of th e deed, as covenantor, to pay the m ortgage.” Abbott's Digest of All the New
York R eports page 220.
23. A T reatise on th e Law of M ortgages of Real Property, Volume 2 By Leonard A ugustus Jones 1119. An assignee
stands in the place of his assignor in respect to the account, whether he be an assignee of the mortgage or of the
equity of redemption. The m ortgagee's liability to account to the m ortgagor for the re n ts and profits, less the amount
paid for taxes an d repairs, attach es to th e assignee of the m ortgage, and the assignee of the m ortgagor acquires the
rig h ts of th e la tte r in th is respect. 1 A tra n sfer of the equity of redem ption while the mortgagee is in possession
necessarily carries with it to the purchaser the right to an account for the rents and profits of the premises, as an
incident to the right of redemption, both those received by the mortgagee before the sale and those received
afterwards. W hen a mortgagee in possession assigns a mortgage, the mortgagor, having no actual notice of the
assignm ent, is entitled as ag ain st th e assignee to an account of the rents and profits up to the time of recording the
assignment, and to have them applied on the mortgage debt.
24. This rig h t or equity of redem ption is, in th e contem plation of the C ourt of Chancery, the ancient estate in the
property w ithout change of ow nership. It is therefore subject to all the lim itations to which other equitable estates
are liable. I t is tre a te d as an equitable a sse t. [John Ja y Sm ith W harton]
25. R eports of Cases A rgued and D eterm ined in the Suprem e C o u rt..., Volumes 77-78 By Alabam a. Suprem e Court 78
Ala. 398. ROULHAC v. JO N ES. BILL IN EQUITY FOR FORECLOSURE OF MORTGAGE. CLOPTON, J. It may
be regarded as settled, th a t in th is S tate two different theories of a m ortgage are recognized, dependent upon the
forum —one w hich prevails in a court of law, and another in a court of equity. The relations of the m ortgagor and
m ortgagee, and th e ir rig h ts as betw een them selves are considered differently, according to the rules and practice of
th e court in which they are adjudicated. A t law, a mortgage of lands vests in th e m ortgagee a legal estate in
p ra e se n ti [‘a t th e p re se n t tim e’], w ith a condition, by which it may be defeated. A fter the law-day, the condition
being unperform ed, th e e state is relieved of the condition, and the m ortgagee becomes the owner, and is entitled to
receive the rents and profits. Before the law d ay has passed, the mortgagor may re-invest him self with his original
estate, by a strict performance of the condition. After the law-day and after default, his only right is an equity of
redemption, of which a court of law takes no notice.
In a court of equity, a m ortgage is regarded as a m ere incident to, and security for th e debt, and not as the
conveyance of an estate. The mortgagor is held to be the true owner, and entitled, ultimately, to the benefit of the
rents and profits received before foreclosure. A mortgagee in possession is treated as a trustee of the rents and
profits for the use of the mortgagor, from the time he actually entered into possession, and will be required to apply
them in reduction, or. if sufficient, in extinguishment of the mortgage debt.
26. A T reatise on th e Law of Set-off, Recoupm ent, and C ounter Claim by Thom as W hitney W aterm an 394. As a sale
and assignm ent of the equity of redem ption, w here the m ortgagee is in possession, necessarily carries w ith it to the
purchaser the rig h t to an account for th e re n ts and profits of th e m ortgaged prem ises, as an incident to the rig h t of
redem ption, he is en titled to offset th e am ount of th e re n ts received by the m ortgagee, while in possession, against
the principal and in te re st due upon th e mortgage.
27. Reports of Cases Adjudged in th e C ourt of Chancery of New York, Volume 9 R uckm an v. Astor.
But if th e redem ption tak es place, as authorized by the decree, the mortgagee m ust relinquish the possession, to the
owner of the equity of redemption; and m ust account to him for the re n ts and profits of the prem ises while he held
the possession, after deducting th e necessary disbursem ents for repairs, taxes, etc. I th in k the learned vice
chancellor overlooked th e principle upon which th is court proceeds in allowing th e redem ption of mortgaged
premises. A sale and assignment of the equity of redemption, where the mortgagee is in possession, necessarily
carries with it to the purchaser the right to an account for the rents and profits of the mortgaged premises, as an
incident to the right of redemption. For he h as th e right to offset th e am ount of the re n ts received by the mortgagee
while in possession, ag ain st th e principal and in te re st due upon the m ortgage. T hus, in the anonymous case of w hat
Lord H ardw icke called th e prow ling assignee, who for a very inconsiderable sum bought an equity of redemption of
mortgaged premises of which the mortgagee had been in possession for a long time, his lordship, though it was w ith
great reluctance, found him self compelled to decree an account of the rents and profits, as well as a redemption of
the mortgaged premises, in his favor. The assignm ent of the equity of redem ption to th e com plainant in th is case not
only carried w ith it th e rig h t to redeem th e prem ises, and thereby to invest him self w ith th e sam e estate th erein
which th e form er ow ners of th e equity of redem ption had before the decree of foreclosure, b u t also the right to th e
intermediate ren ts and profits received by th e purchaser, as incident to such redem ption. I think the language of the
assignment itself shows that the parties thereto m ust have understood that the complainant was to be entitled to
every right and interest in the mortgaged premises, and in the rents and profits thereof, which the assignors
themselves had previous to such assignment.
28. Abbott's Cyclopedic Digest of All th e Decisions of All the C ourts ..., Volume 9 edited by De W itt C linton Blashfield,
\
George Foster Longsdorf. An in stru m e n t tran sferrin g "all my right, title, and in te re st w hatever to the land" is
sufficient to em brace th e rig h t of redem ption, an d as an incident thereto a rig h t to an account of the profits. W here
the m ortgagee is in possession, an assignm ent of th e equity of redem ption carries w ith it, as a n incident, th e rig h t to
an account for th e re n ts and profits, as a set-off on redeem ing.
C op y Claim ed February 2020 -047-

29. Abbott's D igest of All th e New York Reports. The grantee u n der a conveyance styled an "indenture," though signed
only by the grantor, w hich contains a clause to the effect th a t the conveyance is made subject to a mortgage, which
the grantee assum es and agrees to pay, becomes bound, upon acceptance of the deed, as covenantor, to pay the
mortgage.
30. WHAT IS VALUABLE CONSIDERATION for a mortgage? W hat did you receive for w hat you gave? Loan
Application, Notice of Approval they are holding “C redit/Asset”, G rant Deed, Lien, M ortgage contract, Note,
Clogging Provisions, L andlord/T enant R elationship, im provem ents, m an security. All these things need to be
declared an “deed absolute” to grantee a t closing and stipulate th a t upon acceptance they are the convenantor to pay
th e m ortgage.
31. “A lthough th e m ortgagor is equitable owner, yet the m ortgagee is more th a n a tru ste e for him, for the trustee is not
allowed to deprive his cestui que trust of his possession, b u t a m ortgagee m ay assum e the possession w henever he
pleases, if th ere is no agreem ent to th e contrary, and in point of possession th e m ortgagor is te n a n t a t will, even in
equity, for a court of equity never interferes to prevent the m ortgagee from assum ing the possession.” Coote on
M ortgages, 379 (324).
32. An assignee stan d s in th e place of his assignor in respect to the account, w hether he be an assignee of the mortgage
or of th e equity of redem ption. The m ortgagee's liability to account to the m ortgagor for the ren ts and profits, less
the am ount paid for taxes and repairs, attach es to the assignee of the m ortgage, and the assignee of the mortgagor
acquires th e rig h ts of th e la tte r in th is respect. 1 A tran sfer of the equity of redem ption while the mortgagee is in
possession necessarily carries with it to the purchaser the right to an account for the rents and profits of the
premises, as an incident to the right of redemption, both those received by the mortgagee before the sale and those
received afterwards. W hen a m ortgagee in possession assigns a mortgage, the m ortgagor, having no actual notice of
th e assignm ent, is entitled as a g ain st th e assignee to an account of the rents and profits up to the time of recording
the assignment, and to have them applied on the mortgage debt. It may be regarded as settled, th a t in this State
two different theories of a m ortgage are recognized, dependent upon the forum —one which prevails in a court of law,
and an o th er in a court of equity. The relations of the m ortgagor and mortgagee, and th e ir rights as between
them selves are considered differently, according to the rules and practice of the court in which they are
adjudicated. A T reatise on th e Law of M ortgages of Real Property, Volume 2 By Leonard A ugustus Jones 1119.
33. At law, a m ortgage of lands vests in th e m ortgagee a legal e state in praesenti, w ith a condition, by which it may be
defeated. A fter th e la w d a y , th e condition being unperform ed, the estate is relieved of the condition, and the
m ortgagee becomes th e owner, and is en titled to receive the re n ts and profits. Before the law-day has passed, the
m ortgagor m ay re-invest him self w ith his original estate, by a strict perform ance of the condition. After the law-
dav an d after default, his only rig h t is an equity of redem ption, of which a court of law tak es no notice. [Reports of
C ases A rgued and D eterm ined in th e Suprem e C o u rt..., Volumes 77-78 By A labam a Suprem e Court 78 Ala. 398.
ROULHAC v. JO N ES. BILL IN EQUITY FOR FORECLOSURE OF MORTGAGE. CLOPTON, J.]
34. In a court of equity, a m ortgage is regarded as a m ere incident to, and security for the debt, and not as the
conveyance of an estate. The mortgagor is held to be the true owner, and entitled, ultimately, to the benefit of the
rents and profits received before foreclosure. A mortgagee in possession is treated as a trustee of the rents and
profits for the use of the mortgagor, from the time he actually entered into possession, and will be required to apply
them in reduction, or, if sufficient, in extinguishment of the mortgage debt.
35. As a sale and assignment of the equity of redemption, where the mortgagee is in possession, necessarily carries with
it to the purchaser the right to an account for the rents and profits of the mortgaged premises, as an incident to the
right of redemption, he is entitled to offset the amount of the rents received by the mortgagee, w hile in possession,
against th e principal and in te re st due upon th e mortgage. (a)(b) R uckm an v. Astor, 9 Paige, 517. In Ruckm an v.
Astor, supra, th e chancellor refers to th e anonym ous case in A tkyn's report, which Lord H ardw icke called the
prowling assignee, who, for a very inconsiderable sum, bought an equity of redemption of mortgaged premises of
which the mortgagee had been in possession for a long time. His lordship, though with great reluctance, found
himself compelled to decree an account of the rents and profits, as well as a redemption of the mortgaged premises
in his favor. A T reatise on th e Law of Set-off, Recoupment, and C ounter Claim by Thom as W hitney W aterm an 394.
36. But if the redem ption takes place, as authorized by the decree, the m ortgagee m ust relinquish th e possession, to the
owner of the equity of redem ption; and must account to him for the rents and profits of the premises while he held
the possession, after deducting the necessary disbursem ents for repairs, taxes, etc. I th in k the learned vice
chancellor overlooked th e principle upon which th is court proceeds in allowing th e redem ption of m ortgaged
prem ises, [repeated from other case above] A sale and assignment [a bona fide purchaser for value] of the equity of
redemption, where the mortgagee is in possession [after foreclosure], necessarily carries with it to the purchaser the
right to an account for the rents and profits of the mortgaged premises, as an incident to the right of redemption.
For he has the right to offset the amount of the rents received by the mortgagee while in possession, against the
principal and interest due upon the mortgage. Thus, in th e anonym ous case of w h at Lord H ardw icke called the
prowling assignee, who for a very inconsiderable sum bought an equity of redem ption of m ortgaged prem ises of
which the m ortgagee h ad been in possession for a long time, his lordship, though it was w ith g reat reluctance, found
him self compelled to decree an account of th e re n ts and profits, as well as a redem ption of the m ortgaged premises,
in his favor. The assignment of the equity of redemption to the complainant [Mortgagor sued] in this case not only
carried with it the right to redeem the premises, and thereby to invest him self with the same estate therein which
the former owners [foreclosed m ortgagors] of the equity of redemption had before the decree of foreclosure, but also
the right to the intermediate rents and profits received by the purchaser, as incident to such redem ption. I think the
language of the assignm ent itself shows th a t th e p arties thereto m ust have understood th a t the com plainant was to
be entitled to every right and interest in the mortgaged premises, and in the rents and profits thereof, which the
assignors them selves had previous to such assignment, [this is a recorded assignm ent by m ortgagor so there are no
bona fide p u rchasers for value and the m ortgagor sued; I would assign my rig h t of redem ption to the tru st as a chose
in action! th e assignm ent m ade is th e next case:] R eports of Cases Adjudged in th e C ourt of C hancery of New York,
Volume 9 R uckm an v. Astor.
37. An in stru m en t tran sferrin g "all my right, title, and interest whatever to the land" is sufficient to embrace the right
of redem ption, and as an incident th ereto a rig h t to an account of the profits.6. (Ch. 1842) W here th e mortgagee is in
possession, an assignm ent of th e equity of redem ption carries w ith it, as an incident, th e rig h t to an account for the
ren ts and profits, as a set-off on redeem ing. Abbott's Cyclopedic D igest of All the Decisions of All the Courts ...,
Volume 9 edited by De W itt Clinton Blashfield, George Foster Longsdorf. (App. 1871).
38. In order th a t a ten d er m ay have th e effect of discharging a m ortgage lien, th e proof m ust be clear th a t the tender
w as fairly m ade an d deliberately and intentionally refused by the owner of the m ortgage or some person duly
authorized to act for him. In th is case th e fact and sufficiency of the ten d er are conceded in so far as the am ount is
concerned, b u t it is contended th a t th e ten d er was not m ade by the m ortgagor, and th a t the rights of the parties who
m ade th e te n d e r w ere not disclosed or m ade known to the officer or the mortgagee. B ut the jury were fully and fairly
in stru cted on th is point, an d we are not disposed to interfere w ith th e ir verdict.
INSTRUM ENTS OF CREDIT

39. MacLeod, THEORY OF CREDIT. 1889. “Every Sum of Money is E quivalent to the Sum of the P resent Values of an
Infinite Series of F u tu re P aym ents.”
40. “If you w ere ig n o ran t of this: th a t C redit is th e g reatest C apital of all tow ards the acquisition of W ealth, you would
be u tterly ignorant.” D em osthenes.
41. “C redit h a s done more, a thou san d tim es, to enrich nations th a n all the m ines of all the world.” D aniel W ebster
42. “If the birth of Christ be taken as the epoch, or 0, then years before Christ will be Positive: and years after Christ
will be Negative”.
43. It may be noted, however, th a t public credit and private credit each are supported by the same assets, upon which
the holders of public-credit in stru m en ts have a prior claim, although it is very rarely th a t such holders themselves,
in th e satisfaction of th e ir claim s, proceed directly upon the mortgaged assets, if such there are. The governm ent or
m unicipality, by a levy of taxes, secures funds w ith which to m eet its obligations, and may foreclose on the property
of individuals w ithin th e indebted tax district in order to secure from each individual his proportionate contribution
tow ard th e p aym ent of th e public obligation, which in some cases may be secured by a mortgage, b u t which usually
re sts upon th e honor of th e issuing governm ent or m unicipality. The alternatives for a public bond-issuing entity
are, usually, not paym ent and foreclosure proceedings, b u t paym ent and dishonor w ith loss of future borrowing
power.
44. G erstenberg. 1918 If, on the other hand, th e deposit is represented by a prom issory note, he has not purchased the
bank's credit, b u t borrowed it, giving as security his own credit, which the bank, as a refiner of credit, is able to
tran sm u te into credit of general acceptability. The depositor may draw checks upon the bank until the deposit is
exhausted and a t th e m a tu rity of th e note m ake repaym ent, and the transaction is completed. How the bank makes
its profit—It m ay be assum ed th a t th e b an k er does not perform these services merely for the pleasure of handling
money. The b ank m ust m ake a profit. The in terest the bank would get in re tu rn for lending its own money, if it lent
its own money (which it does not), would not be sufficient to pay its operating expenses, to say nothing of yielding a
profit. Yet in vestm ents in b an k stocks are commonly reputed to be exceedingly profitable. The explanation of the
profit of th e b an k is in th a t th e money or credit which it lends to depositors is not its own capital, but the credit
resources of the depositors themselves, converted into money or its equivalent by the acceptance and guaranty of
such resources by the bank. (Stock In d e m n ity a t Treasury) Practically, then, the bank lends depositors th eir own
money a t a ra te of in terest, and lends a t le a st five tim es as m uch as it keeps in its vaults or in the vaults of other
banks in th e form of "cash" for reserves ag ain st dem ands. This practice, however, is quite safe and quite legitim ate.
C o p y C la im ed F eb ru a ry 2020 -050-
45. Personal C haracter used to trad e in th is way as Purchasing Power is term ed Credit. And as we have seen th at
A nything which has P urchasing Power is W ealth it follows th a t Money and C redit are equally W ealth But it is
evident th a t Money and C redit are Inverse and Opposite to each other. Hence if Money is a Positive Economic
Q uantity, Credit is a N egative Economic Q uantity (1893 Section 23).

Property consists of
Property in the Produce Present P roperty in the Produce
of the P ast Tim e of the P uture
+ o —
Lauds, Houses, &c. Annual Incom e for ever
Money already earned by a
M erchant H is Credit
Premises, Stock of goods in a
shop The Goodwill
Professional man T he Practice
T he printed copies of a Book,
&c. The Copyright
Machines already made T he P atent
T he Capital of a Commercial
Company T he Shares
Annuities of all sorts : The
F unds : Tolls : F em es :
Ground Rents, &c.
47. Notes and Deposits: This p h rase h a s ta u g h t th e b ankers of the U nited S tates th a t ban k notes are merely issued in
exchange for individual notes, in precisely the same sense as deposits, — a point th a t w as fully explained by Dunbar
and MacLeod, th irty and forty years ago. It rem ains to enlighten th e b anker and the public as to th e guaranty that
this exchange involves.
48. But Bank Notes, Cheques, Bills of Exchange, are independent Property: and they are exchanged against goods
exactly like money. They circulate in commerce exactly like Money. They are Credit: and in Law they are termed
Valuable Securities.
49. John S tu a rt Mill says 1 "An O rder, or Note of hand, or Bill of Exchange payable a t sight for a n ounce of gold, while
the Credit of the giver is unim paired, is w orth n eith er more nor less th a n the gold itself "which shows th a t he
recognized In stru m en ts of C redit as independent Property. It is one of the most elementary principles of Law that a
Credit, or Debt, is a species of Property.
50. Right of action, a Prom ise to pay, which is a Credit, or a Debt, is itself independent exchangeable Property or
M erchandise, or a C hattel, quite distinct from th e Money prom ised itself, and th a t it circulates in commerce by
itself, exactly like Money.
51. To assu re public is to safeguard private credit. W here private credit is unquestioned, national borrowing power is
secure. Both lender and borrow er m ust mobilize private cred it,...P rivate credit is th e ultim ate basis of international
finance, and we are ju st enterin g upon an era w here public finance will play an increasingly im p o rtan t p art as the
most powerful in stru m en t of constructive domestic, as well as foreign national policy.
52. This very case points out th e g reat advantage of banks upon m ortgage of private credit. We have said, th a t the
credit of such banks ought to be established upon the principles of private securities only. If th e ir notes be issued
upon solid property, th en no rebellion can influence them .
a. Money is only used to such an infinitesim al degree th a t it m ay alm ost be neglected. The principal use of
Money in commerce now is to keep such a stock of it as maybe necessary to m ain tain th e convertibility, or
value of th e circulating Credits.
b. SEE BACK OF BOOK, exerpts from 1893 MacLeod.

53.
a siuuiai uiauuci ju uo j/iuwwj auu du ou iuuviiga
any number of hands.
But if the first indorsee to whose order it is
payable delivers it with his own name only,
written on the back, it is called an indorsement in
blank. Its effect is that it makes the bill trans
ferable by mere delivery, without any farther
indorsement, exactly like a bank note, or money;
and the bill is then payable to bearer, like a bank
note.
Formerly, i < se > t was in all cases neces
sary to transfer «he ôperty in a bill, or note.
54. Money [lawful silver & gold ] is only used to such an infinitesimal degree th at it may alm ost be neglected.
The principal use of Money in com m erce now is to keep such a stock of it as m aybe necessary to
maintain the convertibility, or value of the circulating Credits.
55. If, on the o ther hand, the deposit is repre sen te d by a prom issory note, he has not purchased the bank's
credit, b u t bo rro w ed it, givin g as secu rity his ow n credit, which the bank, as a refiner of credit, is able
to tra n s m u te into credit of general acceptability. The depositor may d raw checks upon the bank until
the deposit is exhausted and at the m aturity of the note make repaym ent, and the transaction is
completed.
56. How the bank makes its profit — It may be assum ed that the banker does not perform these services
m erely for the pleasure of handling money. The bank m ust make a profit. The interest the bank would
get in re tu rn for lending its own money, if it lent its own m oney (which it does not), would not be
sufficient to pay its operating expenses, to say nothing of yielding a profit. Yet investments in bank
stocks are commonly reputed to be exceedingly profitable. The explanation of the profit of the bank is
in th a t the m oney or credit which it lends to depositors is not its own capital, b ut the credit resources of
the depositors themselves, converted into m oney or its equivalent by the acceptance and guaranty of
such resources by the bank.
T h e g e n e ra l ru le o f E n glish la w is n o w , t h a t i f a n y in s tru m e n t o f c re d it w h a te v e r,.
w h e t h e r it b e a b a n k n o te , o r a b ill o f e x c h a n g e , be ta k e n in e x c h a n g e J a n g o o d s .-g iL
no re m e d y a g a in s t th e t r a n s f e r e r , if th e in s tru m e n t b e n o t p a id . The paym ent is in fact in

all respects as valid and final as if it were MONEY. Except only in the case of fraud, where the
payer knew that the banker or person, whose note or bill he te n d e re d , was bankrupt or
insolvent.
57. psV/archive’org/ adlctionarypoll00maclgflag7paa
58. 73rd Congress, March 1933 - new public credit system derived from PRIVATE CREDIT SYSTEM UNDER
A SECURED MORTGAGE.
E X P A N S IO N O F CURRENCY NECESSA RY
If the R epublican P arty had released itself from the
clu tch es of W all S treet and expanded th e currency im m e
diately after the stock-m arket crash in 1929 or w ith in a year
after th e crash, our people would have been saved from th is
awful m oney panic. Our P resid en t w ill doubtless ask
am endm ents to th is new law w hen conditions are m ore nor
m al and w hen it is better understood. U nder th e new law
th e m oney is issued to th e banks in return for G overnm ent
obligations, bills of exchange, drafts, notes, trade a ccep t
ances, and banker’s acceptances. T he m oney w ill be w orth
100 cen ts on th e dollar, because it is backed by th e credit
of th e N ation I t will represent a m ortgage on all th e hom es
and other property of all th e people, in 'th e N ation.
f NO COLD COVERAGE
T he m oney so issued will not have one penn y of gold
coverage behind it, because it is really not needed. W e do
not need gold to back our internal currency. We on ly need
gold to settle our balances w ith foreign cou n tries.^ O u r
people do not actually use gold as a m edium of exchange;
59 paper m oney is ju st as good and is m uch easier to handle.
Under the n ew law the money is issued to the banks in return to r G overnm ent obligations, bills o f exchange, drafts, notes, trade
acceptances, a nd banker's acceptances. The m oney w ill be worth 100 cents on the dollar, because it is backed by the credit o f the Nation.
It will represent a m ortgage o n a ll the hom es a nd other p roperty o f a ll the people in the Nation.
N O G O LD C O VERAG E
The m oney so issued w ill not have one p en ny o f g old coverage b ehind it, because It is really n ot needed. We do not need gold to back our
internal cunency. We only need g o ld to settle our balances with foreign countries. O ur people do n ot actually use gold as a medium o f
exchange; p ap er m oney is ju s t as g oo d a nd is much easier to handle.
1. M oney is worth 100 Cents: this m eans that O ne Dollar is the largest b ill ■ legal ten d er is the dom ain o f Federal G o v t
2. M oney... is b ack b y the credit: this means 'm oney is credit, a n d credit is m oney' a nd a D ollar is that Credit.
3. “credit o f the N ation“: this Is a FUND, a nd a “D ollar“ "rep re se nts' a “percent o f that F und”
A. Money (The Dollar B ill O nly)...backed b y credit....represents a Mortgage (can be redeemed): this means that “redem ption" rights are
running with “D ollar’ “Credit ‘g overnm ent obligations” in p ro rata am ounts o f the Fund, to do redem ption requires a Law ful State Silver
Coin to redeem a Dollar, m ust be Tendered b y National o f a Union State U nder the Constitution Art. 10.
5. A ll the People in the Nation: this means, yo u cannot be a D istrict Citizen, aka U.S. Citizen you m ust be a “N ational’ to b e considered
clothed with redemption rights o f this “mortgage", aka, The Mortgagors a re Nationals people o f the Nation, “private citizen"
60.
OPERATION OF TENDER
61. W hat is th e effect of tender? In part: it b ars th e rig h t of the creditor to foreclose a land contract for non-paym ent,
and it releases th e surety on th e indebtedness.
62. Where the common-law conception of m ortgages obtains, and the title to th e m ortgaged ch attel is in the mortgagee,
he is entitled to possession and th e mortgagor, by v irtue of having m ade a ten d er of th e am ount due, m ay not
m aintain an action a t law for th e possession or value of the property, his sole rem edy being by a bill in equity to
redeem the chattel.
63. The mortgagor, w here th e m ortgagee stan d s on th e forfeiture and refuses to accept paym ent of th e debt, can only
enforce his rig h t to redeem by a bill in equity for th a t purpose. He cannot enforce such rig h t in any proceeding in a
court of law. He m ay ten d er th e m ortgage debt in any m an n er he m ay choose, by giving th e m ortgagee credit on an
account held by him ag ain st th e latter, w hether in su it or not, if he sees fit to do so. and if th e m ort m ortgagor
becomes revested w ith th e legal title to th e property! b u t the m ortgagee cannot be forced to accept th e ten d er in any
court of law in any proceeding! th a t can be done, as ju st said, only by a bill in equity. A m ortgagor cannot by a
tender in a su it of replevin for th e property after forfeiture and possession by m ortgagee force th e la tte r to accept
paym ent of th e debt. In other words, th e m ortgagor cannot redeem in a su it of th a t kind: n e ith e r can th e mortgagor
C op y Claim ed February 2020 -053-

force th e m ortgagee to receive paym ent of th e debt by credit or otherwise in any su it a t law and th en m aintain
replevin for th e property. W hat th e m ortgagor cannot do in one suit a t law he cannot accomplish in two such suits.
To hold otherw ise would be to encourage circuity of action, in favor of which surely there cannot be invoked the
principle, ‘th a t c u rre n t accounts and m u tu al dem ands of a like nature, as far as they go, should com pensate and
extinguish each oth er and th a t th e balance only constitutes a real debt betw een the parties.’ T h at principle can have
no application to a case w here a m ortgagee, after forfeiture, has taken possession of m ortgaged ch attels because, in
such case th e m ortgagee h as thereby acquired rights which the mortgagor can discharge by only one proceeding. The
m ortgagor in th a t proceeding only h as th e rig h t to pay the mortgage debt against the will of the m ortgagee: and the
m ortgagee can be prevented only by a court of equity from subjecting the property to the paym ent of the debt."
64. B ut w here th e ten d er is held to divest th e title of the m ortgagor, if the m ortgagee has taken possession of the
property th e m ortgagor m ay recover it from him: or, if the m ortgagee h as sold the m ortgaged property the mortgagor
may recover it from th e purchaser.
65. The rig h t of redem ption is purely statu to ry , and the sta tu te provides th a t in a redem ption case the tender of the
money is equivalent to paym ent.
66. T ender is th e unconditional offer of a debtor to the creditor of the am ount of his debt. This m eans the real am ount of
the debt as fixed by th e law, an d th e purpose of the law of tender is to enable the debtor to relieve him self of interest
and costs and to relieve his property of encum brance by offering his creditor all th a t he has any right to claim. This
does not m ean th a t th e debtor m ust offer an am ount beyond reasonable dispute, b u t it m eans the am ount
due, actually due”.
67. Upon th is question th ere is no conflict in th e authorities. The rule is settled th a t a tender of the debt, for which the
property is pledged as security, extinguishes th e lien, and the pledgor may recover the pledge, or its value, in any
proper form of action, w ithout keeping th e tender good or bringing the money into court; because, like a tender of the
mortgage debt on th e la w d a y , th e ten d er having once operated to discharge the lien it is gone forever. This rule
accords w ith justice and fair dealing. It would be an exceeding great hardship on the debtor if the creditor had the
rig h t to refuse to accept paym ent of th e debt after it was due,’ The m ajority opinion in this case holds th a t it would
be inequitable and u n ju st to require the debtor to keep the ten d er good “for a reasonable length of tim e such as
would enable th e creditor in good faith to ascertain and determ ine his rights both in fact and in law.” T hat
contention on th e p a rt of my associates strikes me as both rem arkable and alarm ing. I confess th a t no authority
w hatever has been called to my atten tio n which goes to any such length or intim ates such a doctrine. Mr. Jones, in
his work on M ortgages, see. 893 (6th ed.), says: “If a m ortgagee acting in good faith refuses a tender through a
m istake as to his legal rights, th e lien of th e m ortgage is not discharged”! and again, in the sam e section, the author
says: “One designing to m ake a ten d er w ith th e purpose of insisting, in case of refusal, th a t the mortgage lien is
discharged, is bound to act in a straightforw ard way and distinctly and fairly m ake known his tru e purpose w ithout
m ystery or am biguity, and allow reasonable opportunity for intelligent action by the holder of the mortgage.""
68. A ten d er of paym ent or perform ance of a m ortgage, to be effective, m ust be open, fair and reasonable, so clear and
explicit as to leave no doubt of th e intention to satisfy and discharge the mortgage. . .’’Jones in his work on
M ortgages, a t sec. 803 in considering th e effect of a ten d er upon the m ortgage security, says: “But even if a sufficient
ten d er be m ade out, th e m ortgagor cannot come into a court of equity to have th e m ortgage decreed to be
surrendered or extinguished, w ithout paying th e am ount equitably due u n der it.” The au th o r th en proceeds with the
proposition th a t th e rule w ith reference to a sufficient tender extinguishing the m ortgage lien is lim ited in its
operation to defenses to the enforcem ent of th e m ortgage. “I t does not," says th e author, “avail a m ortgagor who
seeks a discharge of his mortgage! for w hen he seeks relief in a court of equity he m ust do equity and m ust pay the
mortgage debt. The ten d er th en avails m erely to stop the in te re st and [29] not to discharge the debt.”
69. If the rig h t is waived and th e property is sold, th e debtor can not redeem . But before the sale, be is entitled, upon
payment or tender of payment to the creditor, to have a re-conveyance of the property, and the trustee has no longer
any authority to sell under the trust deed. By th e ten d er of paym ent of the debt, secured by the tru st deed, and the
wrongful refusal of the creditor to receive it, th e debtor's rig h t to redeem w as preserved; the waiver of the right in
the deed of tru s t having reference only to a redem ption after a sale lawfully made. If the redem ption was under
section 2136 of the Code, th e com plainants would be entitled to have a credit, for a fair re n t of the prem ises during
the tim e they were in th e p u rchaser's possession. The sale of the property w as wrongful, and the possession taken
under said sale was wrongful! and independently of the statu to ry provision, a p arty in the wrongful possession of
premises will be held to account for th e reasonable ren ts of such property.
70. A tender, und er th is view, gives m erely a rig h t to resort to equity to compel th e acceptance of the redem ption
money.THOMAS v. SEATTLE BREWING AND MALTING COMPANY ET AL W ashington Suprem e C ourt Feb 27,
1908 48 Wash. 560.
71. The equity of redem ption is essentially different from the statu to ry right. The la tte r never exists until the former is
barred. A valid foreclosure destroys th e one and creates th e other.
a. My Conclusions S hort L ist
b. The definition of th e equity of redem ption is to invoke th e right to have th e re n ts and profits accrued to the
M ortgagee of th e m ortgage apply to th e Debt.
c. M ortgagor still h as rig h t to an account by the m ortgagee in possession of th e re n ts and profits up to the
date of a bona fide p urchaser for value w ithout notice of m ortgagor’s assignm ent, (to defeat the properly
register Notice).
d. The bona fide P urch aser for value cuts off the rig h t a t th a t date to have the rig h t to apply the re n ts and
profits to an account, unless th e re ’s an assignm ent recorded by m ortgagor, th en there are no bona fide
purchaser for value.
e. Equity of Redem ption could also be a purchase of the redem ption to have the ren ts and profits applied to
the debt, of both th e m ortgagee and subsequent purchaser.
f. Exercising th e equity of redem ption "carries w ith it to the m ortgagee in possession a rig h t to an account of
the ren ts and profit of th e m ortgaged prem ises as an incident to the right of redemption."
g. As long as a deed is an in stru m e n t of security the equity of redem ption cannot be waived
h. An A ssignm ent of th e equity of redem ption happens two ways: a) m ortgagor assigns his right, b) purchaser
purchases th e rig h t from th e m ortgagee.
i. M ortgagor assigns the re n ts and profits to the m ortgage debt, aka - m ortgagor assigns th e fund to the
m ortgagee to reduce or extinguish th e m ortgage debt.

j. The A ssignm ent to record an d ru n in local new spaper includes: "all my right, title, and in terest w hatever to
th e land” [be absolutely su re you use the exact nam es of M ortgagors and do a n A ssum ed Name Registration
to you in your nam e decree nam e and tru st therefrom].
Pledgor vs Mortgagor vs Surety

L ist of w ays in which w aiver and consent worked against you about your mortgage.
k. M ortgagor absolute deed w ith rig h t to redeem, assign the equity of redem ption.
1. Pledgor T enders w ith rig h t of D etinue (possession).
i. D etinue: a legal claim to recover wrongfully detained goods or possessions.
ii. “Pledgor T enders is to acquire the right of detinue.”
iii. The rem edy of th e pledgor is, in the general case, at law! and it is only w hen any special reason
exists for his so doing, th a t he comes into equity (c). Also, after a valid ten d er of the am ount due,
th e pledgor may have detinue, differently from a mortgagor, who can only (in such a case) redeem
(d), th e ten d er staying, in his case, the fu rth er running of the interest, and entitling him to have a
re-conveyance (d).
m. S urety as P ayor pays and h as rig h t of subrogation.
n. A pledge is a th in g deposited as a security, to be retu rn ed to the pledgor w hen he has redeem ed it in a
m ortgage title is conveyed, subject to be devested if the condition of the m ortgage is performed. A pledge
differs from a ch attel m ortgage in th ree essential characteristics: (l) It may be constituted w ithout any
contract in w riting, merely by delivery of the thing pledged.(2) It is constituted by a delivery of the thing
pledged and is continued only so long as the possession rem ains w ith the creditor.(3) It does not generally
pass th e title to th e thin g pledged b u t gives only a lien to the creditor while the debtor retains the general
property. A m ortgage differs from a pledge in th a t it is a conveyance of the title on condition and may be
valid w ithout actual delivery. A m ortgage is a pledge, and more! for it is an absolute pledge, to become an
absolute in te re st if not redeem ed a t a certain time! while a pledge is a deposit of personal effects, not to be
tak en back except on paym ent of a certain sum, by express stipulation or the course of trade made to be a
lien on them . '"In th e case of a m ortgage, the legal property passes w ith a condition of defeasance! in th a t of
a pledge, th e general property does not pass, b u t rem ains w ith the pawnor. A pledge differs from a
m ortgage, in th a t th e pledgee m ust have possession and the pledgor the legal title of the property, while a
m ortgage passes th e title to th e m ortgagee and may allow the possession to rem ain in the mortgagor. The
radical distinction betw een a pledge and a m ortgage is th a t by a m ortgage the general title is transferred to
th e m ortgagee, subject to be revested by perform ance of the condition! b u t in case of a pledge the pledgor
re ta in s th e general title in himself, and p a rts w ith the possession for a special purpose. To constitute a
pledge th e pledgee m ust tak e possession, and to preserve it he m ust re ta in possession. Formerly no
distinction w as tak en betw een a pledge and a m ortgage of chattels. They were both regarded as security for
a debt, and th e title of th e pledgee w as considered as substantially the same in both cases. There is,
however, an im p o rtan t distinction, which has not always been observed, to wit, th a t in a pledge the general
C laim ed F ebruary 2020

property rem ains w ith th e pledgor and only a special property passes to the pledgee, and hence, on a failure
to redeem , th e pledgee h as no rig h t to sell or appropriate the pledge, while a m ortgage of a chattel passes
the absolute title, subject to a defeasance, and upon a failure to redeem the title of the m ortgagee becomes
perfect. One te st w hether a tra n sfe r of property li a pledge or a m ortgage is w hether it exists independent
of it for th e paym ent of which it Is security, in which case it is the former. A pledge of property capable of
physical delivery requires th a t it should be so delivered. Property not capable of such delivery may be
pledged in w riting. The tra n sfe r of choses in action as m ere security for a debt is alw ays a pledge. W hen so
received, w ithout special authority, th e pledgee cannot sell them or compromise them . He can only w ait
until they m atu re and collect them . So an assignm ent of a m ortgage by the m ortgagee to secure a debt due
from him to th e assignee is clearly a pledge of the mortgage, and not a m ortgage or conditional sale. To
constitute a pledge, a p resen t possession m ust pass to the pledgee. An agreem ent to deliver property a t a
futu re day or upon some futu re contingency does not create a pledge. Two things are essential to constitute
a pledge: (l) Possession by the pledgee! (2) th a t the property pledged be u n der th e power and control of the
creditor. Possession may be considered as of the very essence of a pledge, and if possession be once given up
the pledge as such is extinguished. In order to constitute a valid pledge of property to secure a debt th ere
m ust be a delivery, eith e r actual or constructive, of the property to the intended pledgee. T ransfer of
ch attel m ortgage as collateral. A tra n sfe r of a chattel m ortgage merely by way of collateral security for the
paym ent of a debt is a pledge, not a m ortgage thereof, and need not be recorded. T ransfer of note as
collateral. A note delivered to a party, w ith a power of redem ption and as a security for a debt, is a pledge.
Such act does not constitute a sale. The property in the note w as not intended to pass until after the default
It w as m erely deposited w ith th e party, and the legal property did not pass, as It does in the case of a
mortgage.
o. In th e case of a pledge, although a tim e for th e redem ption be fixed by the contract, yet the pledgor may
redeem afterw ards, Scil., w ithin a reasonable time! and if no tim e is fixed for the redem ption, the pledgor
(unless he is sooner called upon by th e pledgee) has his whole life to redeem, and his personal
representatives, in case of his death, may redeem (a); and his assignee m ay also redeem (b), while and so
long as th e pledge still rem ains unsold by the pledgee.
M issed Opportunities to Avoid Foreclosure - W aiver and Consent

73. List of ways in which w aiver and consent worked ag ain st you about your mortgage.
a. signatures unrestricted
b. no advance notice of tru s t on deposit of ch attel
c. no receipt signed by agent for deposit of ch attel
d. 72 H our Rescission Period waived
e. No RESPA or TILA req u est to validate D ebt un d er law incident to “m ortgage”.
f. No req u est for filed Federal Reserve Form s of B ank’s Off-Balance Sheet.
g. No Forensic au d it done tracing your mortgage, after all, it’s yours: $1500.00

h. You p aid so m any years w ithout notice of right of subrogation.
i. You paid so m any years w ithout a P erm an en t Notice of In tere st filed ag ainst the property, land, chattels,
ESCROWS, deposits, and signatures.
j. You didn’t perfect A ssign Your Right of Redem ption to yourself and record it.
k. You didn’t ten d er 21 silver coin to Bank CFO for purchase of equity of redem ption and apply the book entry
C redit on Account to settle, close, discharge mortgage.
1. You didn’t revoke power of attorney, nor rescind conveyance for failure to disclose to surety
m. You didn’t have your own nam e O rder and stop them from pu ttin g fake nam es on the mortgage (right of
Rescission).
n. You didn’t sign th e W arran ty Deed, it became m arketable, and you gave it to them freely
o. Correct A ddress PS-3575 registered w ith P ostm aster of all N am es on Mortgage/Note,
p. You didn’t Sue them —QUIET TITLE— w hen in receipt of Notice of Default. You didn’t impeach the
Default.
q. You didn’t surcharge your Table of In te re st to include in your bill for redem ption
r. You didn’t express th e tru s t giving the Fee T en an t the Possessory rights, A ssignm ent of Fee Simple to
yourself.
s. You didn’t complete your “Land R egistration” w ith an affidavit and show cause to Exam iner of Titles in
your county, tendering Ten Silver D ollar Coins.
Reformation
74. P arties A gainst Whom Reform ation m ay be had. Reformation may be had ag ainst a p arty to an instrum ent, and
ag ain st anyone tak in g from him w ithout consideration or w ith notice. Accordingly, a purchaser or mortgagee who
tak e w ith notice is in th e sam e position as th e original party, so far as th is rem edy is concerned. A bona fide
p urchaser for value, and w ithout notice, however, is not subject to the equity of the p arty injured by the m istake,
and th ere can be no reform ation again st him. In most jurisdictions, the equity for a reform ation is superior to the
liens of subsequent attaching and judgm ent creditors of the defendant. [Pomeroy §2102 §681]
QUIET TITLE
Special Proceeding Minn. Rules 81.01 in Exhibits
M axim “W here there’s a wrong there’s a remedy”
75. INCLUDES actions for determ ination of conflicting claim s to real properly or removal of clouds on title thereto,
w hether u n d er th e Ju risd ictio n of courts of equity or under statu to ry provisions! statu to ry actions to determine
adverse claims to money or personal property! n atu re and scope of the rem edy in general; grounds of such actions
and defenses thereto! by and ag ain st whom and as to w hat property, rights, and claims they may be m aintained;
procedure therein! incidental relief! judgm ents or decrees, and enforcem ent thereof! review of proceedings! and costs
in such actions.
76. A su it to quiet title is of equitable cognizance.

77. A suit to remove a cloud is an equitable proceeding.
78. The equitable rem edy to remove a cloud on title is not lim ited to real estate.
79. To remove a cloud from a title, plaintiff m ust show th a t he is in possession of th e land, th a t his title is an equitable
one, or th a t th e land is wild or unoccupied; and a chancery court cannot remove a cloud w here plaintiff asserts a
legal title, and defendant is in possession, since th ere is an adequate and complete rem edy a t law, though a court of
chancery may ad m inister complete relief, n o tw ithstanding a p a rt thereof is legal, if other grounds for equity
jurisdiction exist.
80. An equitable action to quiet title to personalty lies only w here th ere is no adequate rem edy a t law.
81. A court of equity will not allow an otherw ise clear title to be clouded by a claim unenforceable a t law or in equity.
82. Equity has in h eren t jurisdiction of a bill to remove a cloud on a land title.
83. There is a legal presum ption th a t a cloud of unlaw ful incum brance on the title to realty inflicts such an injury on
parties having a lien on or in terests th erein will invoke the jurisdiction of a court of equity to remove it.
84. U nder th e rule th a t independent of th e s ta tu te equity has jurisdiction to cancel and remove a cloud on title where
com plainant is in possession, and extrinsic evidence is necessary to show invalidity of the in stru m en t claim ed to be a
cloud, a bill will lie to cancel a m ortgage and secured notes, they having been given for work to be done, and the
consideration having failed through th e work not being done.
85. A court of equity h as jurisdiction to remove as a cloud on title any grant, deed, or o th er m unim ent of title, valid on
its face, the invalidity of which can only be shown by extrinsic evidence.
86. Equity h as jurisdiction to remove a cloud on title, w hen the illegality or fatal defect does not ap p ear on the face of
the record, b u t m ust be shown by evidence aliunde, and such evidence may be lost, or become unavailable.
87. Equity h as jurisdiction to cause a forged deed to be canceled, though not enforced a t the tim e, which casts a cloud on
the tru e owner's title, or subjects him to fu tu re liab ility...
88. A court of equity will cause to be delivered up and canceled a forged deed, which casts a cloud on th e title of the true
owner.
89. The power of a court of equity to remove a cloud from the title of an owner of lan d in possession thereof under a good
legal title, by cancelling and expunging from th e records a void deed, or w riting, constituting a cloud upon or menace
to his title, is independent of sta tu te and rests on general equity principles and practice.
90. Equity will interpose to prevent th e execution of a deed which it would cancel as a cloud if executed.
91. In an action to quiet title, plaintiff m ust succeed, if a t all, on th e stren g th of his own title, and not on the w eakness
of defendant's title.
92. E ither the tru stee or th e beneficiary u nder a deed of tru s t to secure a debt m ay m ain tain a su it in equity to remove a
cloud from a title although not in possession.
93. One holding an equitable fee in land m ay m ain tain suit to quiet title as ag ain st th e person having the record title.
94. One having an equitable title coupled w ith possession may m aintain an action to quiet title ag ain st a th ird person.
Second Decennial Edition of th e A m erican Digest: A Complete ..., Volume 18 Scope-Note. Book page 1548
95. The reason why a party out of possession cannot m aintain a bill to quiet and remove a cloud from title is th a t he
may bring an action a t law to te st his title, which ordinarily a p arty in possession cannot do. Such a bill is
entertained by a court of equity only because th e p arty is not in position to force th e holder of, or one claim ing to
defend under, th e adverse title, into a court of law to contest its validity! and this, as a general rule, is the test to
which a court of equity will look to determ ine w hether the necessity of the case requires its interference.
96. The ground upon w hich jurisdiction of courts of equity to quiet possession and remove clouds from a title rests, is
th a t it is inequitable th a t a p a rty in possession w ith good title should be em barrassed by having a hostile claim
ou tstan d in g ag ain st his property, which although not actively asserted, and not of any validity, is nevertheless
calculated to affect th e m arketab ility of th e title, b u t a bill, in such a case, can be m aintained only upon allegation
and proof th a t th e plaintiff h as both th e possession and a good title. The Law yers Reports A nnotated, Volume
12 WEST VIRGINIA SUPREM E COURT OF APPEALS W. F. W HITEHOUSE v. R. A. JO N ES And MARY PATTON
HUDSON, Cloud on Title----Equity Jurisdiction. Book page 49 Footnote on page 54. Book page 81.
97. VI. M iscellaneous S tatu tes: In order to m ain tain a su it in equity to quiet title under sec. 4010 of the Compiled laws
of New Mexico, th e com plainant m u st show why he cannot recover in a suit a t law.
98. Rem itter. Richard Preston - Law of M erger 1825

kk. M erger - is to estate, ex tinguishm ent of things
11. R em itter - sam e in effect as m erger, b u t goes to right and titles, a specie of proceeding, sends you back
mm. Blacks 8th. REMITTER. 1. The principle by which a person having two titles to an estate and entering on
it by th e la te r or more defective title, is deemed to hold the estate by the earlier or more valid title,
nn. Bouvier 1856. REMITTER, estates. To be placed back in possession. W hen one having a right to lands is
out of possession, and afterw ards th e freehold is cast upon him by some defective title, and he enters by
v irtu e of th a t title, th e law rem its him to his ancient and more certain right and by an equitable fiction,
supposes him to have gained possession under it. 3 Bl. Com. 190! 18 Vin. Ab. 431! 7 Com. Dig. 234.
99. Revivor: Revivor is w hat Name Change is...C harles Phelps say that “revivor” the word itself doesn’t even have to
appear to actually “be a revivor’ in substance. Juridical E quity §46 A batem ent and revivor. W hen a sole plaintiff or
defendant dies, whose in te re st so term in ates w ith his life as to leave no subject of litigation rem aining, the suit
necessarily abates, in the common law sense, that is, expires. In other cases of death of parties, pending suit, and in
some cases of m arriage, th e su it was form erly deem ed to have abated, in the equity sense of the term , m eaning
sim ply suspended u n til form ally revived by bill of revivor. The inconvenience of the proceeding by bill has, in many
states, led to enabling legislation au thorizing a sim pler m ethod of revival, by suggestion or petition, the voluntary or
involuntary appearance of personal representatives, and the making of new or additional parties by amendment.
100. Gibson, Revivor, check out the actual section number for Gibson —this should give you chills. ..§666 On the other
hand, a su it m ay be perfect in its in stitu tio n and yet, by some event, subsequent to the filing of the original bill, it
m ay become (l) defective, so th a t no proceeding can be had, eith er as to the whole, or as to some p a rt thereof, with
effect! as, w hen, although th e p arties to th e su it rem ain before the Court, some event, subsequent to the institution
of th e suit, h a s eith er m ade such a change in th e in terest of those parties, or given to some other person such an
in te re st in th e m a tte rs in litigation, th a t th e proceedings, as they stand, cannot have th eir full effect, in which ease
th e defect m ay be rem edied by a supplem ental bill! 1 or (2) the suit may become abated, so th a t there can be no
proceeding in it a t all, eith er as to the whole, or as to a p a rt thereof as when, in consequence of the death of parties,
or of m arriage of fem ale p arties, or of some other event subsequent to the suit, there is a w ant of parties before the
Court, by or ag ain st whom th e su it can, in whole or in part, be prosecuted or defended, in any of which cases a bill of
revivor in some its forms may be filed.
101.Gibson §698 S uit in Chancery is Abated. W henever a suit in Chancery becomes defective, for w an t of p artie s before
the Court, by or ag ain st whom it can, in whole or in part, be prosecuted, it is said to be abated. An abatement, in the
sense of the common law, is an entire destruction of the su it, so th a t it is quashed and ended. B ut in th e sense of
Courts of Equity, an abatement signifies only a present suspension of all proceedings in the suit, from the w an t of
proper p arties capable of proceeding, or being proceeded against, therein. At th e common law, a su it w hen abated, is
absolutely dead. B ut in E quity a suit, w hen abated, is merely in a sta te of suspended anim ation; and may be
revived.
102.Pomeroy - The equity jurisdiction to quiet title, independent of statu te, w as intended to protect the legal ow ner of
the title from being h arassed by su its in regard to th a t title. It was invoked only “by a plaintiff in possession, holding
the legal title, w hen successive actions a t law, all of which had failed, were brought ag ain st him by a single person
out of possession, or w hen m any persons asserted equitable title s ag ain st a plaintiff in possession holding th e legal
or an equitable title. The action h as been greatly extended by statu te, and in m any sta te s is the ordinary mode of
trying disputed titles.
103.One who claims to be th e ow ner in fee simple, and who is and h a s been for a long tim e in possession, m ay sue in
equity to quiet title ag ain st one suing in ejectm ent and in stitu tin g proceedings questioning the title and right of
possession.
104. W here com plainant show an independent rig h t to equitable relief, such as will authorize equitable jurisdiction, a
prayer to quiet title will be en tertain ed , though com plainants are not in possession.
105. W here the rem oving of clouds and quieting of title is only incidental to other equitable relief, which is properly
invoked, th e com plainant need not be in possession, despite th e rule th a t m akes possession a condition precedent to
the m aintenance of a su it to quiet title.
106. Plaintiff, in a bill to remove a cloud in a title to land affecting the legal title, m ust show th a t he w as in possession at
the tim e of filing th e bill; but, if having only the equitable title w ithout actual possession, he need not allege
possession.
107.The owner of an equitable title, w hether in possession or not, m ay sue in equity to remove a cloud on his title to real
property w henever th e deed, in stru m en t, or record creating th e cloud is not void on its face, requiring reso rt to
extrinsic oral evidence to show th e fact.
108.The sta tu te enlarging th e equitable rem edy for quieting title does not m ake th a t rem edy a statu to ry one, b u t it is
still governed by th e rules and m axim s of equity.
109. All parties in terested in th e subject-m atter of a su it in equity to construe a deed of tr u s t and to quiet title were
proper parties; and, the court having jurisdiction of them , it was im m aterial w hether they w ere com plainants or
respondents.
110. A statu to ry bill to quiet title, which states equity, is not destroyed by a special prayer not in accordance w ith the
statute.
111.In suits in equity to quiet title or remove a cloud, th e burden is upon th e com plainant to show th a t he is th e law ful
owner of th e prem ises involved in th e controversy.

112.The bu rd en is on com plainant in an action to quiet title to prove the validity of his own legal or equitable title and
the invalidity of th e title of defendant.
Personal A udit of Your Protections both local, state, and federal.

113. Your private e sta te protection audit.
a. Pay Upon D eath; T ran sfer on D eath; Bank, car title, boat title, house title, IRA, social security card,
personalty, real estate.
b. Child B irth A cknow ledgm ent and conveyance, settlor upon to child the b irth estate.
c. D eclaration of Statu s.
d. DBA - Assum ed Nam e. M n S tat. 333 for all Aliases. N ew spaper
e. Service M ark, T rad em ark Name, P o rtrait, Signature.
f. Private Account N um ber: m ail yourself a simple “Registered M ail” and pay for it using a Money O rder and
Stam ps; use a green card w ith it 3811 and sign for it “signature, grantee, w ithout prejudice”. Make copies
and store. Record in County or L am ar “Notice of Deed of Acceptance and Acknowledgment” of the RR# “for
sufficient valuable consideration” ...signed...signature, grantee, [see RR templates in exhibits]
g. Due Process: Legal notice in new spaper according to local rule, county recorder, registrar, secretary of state
offices for recording notices.
114. Plaintiff alw ays h as p rim ary rights: be the P rim ary C laim ant or A ppellant de novo.
115. W arra n t for Jurisdiction: circuit court of th e U nited S tates concurrent w ith state, arising under the constitution and
laws of th e U nited S tates, W a rra n t for Jurisdiction, Sealed, Ex P arte, Bill in Equity for Special and General Relief,
F ederal E quity P ractice in addressed to “Circuit Justice, Clerk and M aster, private cham bers, of the circuit courts of
th e U nited S tates, a t cham bers, (or suprem e court of the U nited States), in care of the u.s. court of appeals. The
proceeding governed by rules, principles, doctrines and M axims of Equity, cause of action to appoint a tru ste e to
wind up th e estate for th e heir/cestui que, m erge th e titles to extinguish the debt, re-deposit all res under a new
tru s t for your sole benefit, life m aintenance an d support.
Notice of a Trust
U 6 .Trower's M anual of th e Prevalence of E quity und er the 25th Section of the Ju d icatu re Act. 1873 am ended by the
Judicature Act of 1875.
a. “Money and bank notes (h) may not be followed into the hands of a purchaser to whom they have passed in
circulation, unless he had notice (of the trust), [your in stru m en t of credit would be issued from the LET; the
T ru st h as a rig h t to follow th e In stru m e n ts of Credit into hands of the purchasers.]
b. A p u rch aser of a chose in action, w hether w ith or w ithout notice, takes it subject to the equities (n) affecting it,
and therefore to th e claim of th e cestui que tru s t (o). B ut the protection of w an t of notice extends to a purchaser
of a bill of exchange (p ). And th e sam e rule would seem to apply, as to the tim e w ithin which cestui que tru st
m ay sue him , as in choses in possession.
C o p y C laim ed Feb ru a ry 2020

c. Cestui que tru s t may " follow " th e land in th e ir hands, w ithout lim it as to tim e (u), subject to the rules in equity
(x), irrespective of th e S ta tu te s of Lim itation ( y ). [Bill for Accounting “to follow th e in te re st in th eir hands
w ithout lim it as to time]
117.“PUBLIC NOI/SOF - ONE TIM E ONLY, use th is authenticated public generic record to prove your m anifested
in te n t to form tru s t relations. Publicly reserving your private account num bers “RR111222333US-01 th ru 99, and
sub-records for each record identified as “RR111222333US-01.000 th ru RR111222333US-99.999 w here “xx” is
prim ary num ber. Record 1 is “Notice of U nregistered Equitable Claim” - “....g ran tee now coming as g ran to r of same
subject m a tte r hereby gives notice of unregistered purely equitable claim s by n a tu re titles “RR111222333US-01.000
th ru 99.000 and th e ir sub-records therefrom are fully claimed, and on special deposit in tru s t or otherw ise, [see
exhibits in back]
118.RESTRICTED SIGNATURES: If a tru ste e signs a docum ent w ith the in te n t to act in h er capacity as tru stee, but
w ithout including any designation of “as tru ste e ” next to her signature, the tru stee may unintentionally become
personally involved in the transaction. For example, if the tru ste e intends to en ter into a m ortgage loan agreement
on behalf of th e tru st, b u t she fails to designate h er signature as a tru ste e ’s signature, th en she m ay be held
personally liable for the balance due on th e m ortgage loan.
a. B y : _____________ Without Recourse.
b. By: A g e n t... (ellipses m ean incom plete inform ation) “by: surety” “by: tru ste e ” “w ith o u t prejudice”
(never ever ever ever use “UCC” codes unless you say “U nited S tates’ adopted UCC code”).
c. by: given nam e, Restricted Agent, w/o prej. w/o recourse. Special, private, priority, in confidence.
d. A nother example: g iven nam e, trustee... [this lim its your personal liability such as on a mortgage] .
e. On private docum ents autograph, h eir/cestu i que, p riv a te citizen o f th e U nited S ta tes.
f. “by: _____________ , Consumer Natural Person, Estate Administrator.” [public side credit]
119. Private Notice of Priority Interest. Private Trust Expression - “GGT” (grantee, grantor, trustee).
120. Private Deeds and Certificates Create a M inisterial Duty under a Mandamus to fulfill the execution of the records
- “Story Board templates”
g. Perfect title as grantee. Pay the Excise Tax of 1863 “Twenty Dollars” canceled stamps on tem plate. Pay
Ten Dollars to admit under Article I, sect. 9 of the constitution, (see templates).
h. Gibson §55 - priority of right, show cause why I do not hold superior equitable or legal title to property, and
th a t it is not a tru st, or be it resolved. You have ten/tw enty days to disclaim. [“Notice of In te re st,”
Affidavit in Support, GGT],
i. Gibson §44 “And w hen it is shown th a t such person have used money, by them so held in tru st, in the
purchase of any property, real or personal, taking the title in th e ir own nam e, a C ourt of C hancery will
im pute to them an intention to fulfill th eir obligation, namely, to m ake the purchase for the benefit of the
person entitled to th e use of th e consideration money! and they will be decreed to hold such p ro perty as
tru stees for th e benefit of th e p arties whose funds were used in the purchase.”
j. Gibson §43 Hence, it is th e passing of a consideration and not the form of th e contract th a t in E quity passes
title! and w hatever th e form of th e transaction, if no consideration passes, in E quity no title passes.

[mortgages: D ear Bank, show me th e consideration you gave me for all the things I gave you, and th a t they
it w as equitable.]
k. Gibson §57 As m en live by th e ir labor and property, no m an is presum ed to p a rt w ith either w ithout
receiving or expecting an equivalent in value. Hence, whenever one person has obtained either the labor or
property of an o th er he should pay or account therefor, unless he can prove it was a gift; and so, w hatever
injury one person does to an o th er’s property or capacity to labor should be m ade good.
1. Pom eroy §685. 1. N atu re of th e Equities. The equitable in terest created by a tru st, or by a contract in rem,
m ade upon a valuable consideration, is superior to the equity arising from a mere voluntary transfer, a
m ere gift, or from a m ere judgm ent lien. In contem plation of equity, the in terest created by a tru st, or by a
valid executory contract of sale, or by a valid contract giving rise to a lien, or by an act in connection with
such a contract constituting a lien, as, for example, a deposit of title deeds, is a real, beneficial in terest in
th e specific th in g itself, an in te re st which is property, or analogous to property!
m. P rim ary or original relations, being those th a t exist betw een the original parties to the transaction! 2,
Secondary or derivative relations, being those th a t exist betw een an original party and the privy of the
o ther original party, and 3, C ollateral relations, being those th a t exist betw een the privies of the original
parties.
n. C ertificate of Special Deposit —a n a tu ra l title representing the legal estate —delivery of deed to Trustee.
C ertificate of A ppointm ent. Certification of T rust,
o. The use of individual’s sig n atu re for business purposes constitutes exercise of a valuable right of property.
121. A fter you send NOI, now optionally send “Notice of Tolling of Time” - notice w hat date the tru s t vests.
122. A fter you send Tolling and enough tim e h a s passed to vest, now send “Notice of Statem ent of In terest” (SOI)
t. Declarant’s Statem ent of Facts of th e establishm ent of tru s t under the form ation involving b u t not limited
to your confession, acceptance, non-disclaim er, endorsem ent, delivery, tra n sfe r of legal title, parole on
phone, agreem ent, express or implied,
u. WRIT OF MANDAMUS, D em and for Perform ance and Accounting, signed by Beneficiary of Trust,
v. Breach of T rust, page 15, Trow er's M anual of the Prevalence of Equity under the 25th Section of the
Ju d icatu re Act. 1873 am ended by th e Ju d ic atu re Act of 1875. "If the tru stee, w ith in te n t to defraud,
convert or ap propriate th e property to his own use, or dispose of or destroy it, he is liable to three years
penal servitude or fine, or two years im prisonm ent, w ith or w ithout h ard labour."
123. Notice of Breach of T ru st for failure of perform ance. T urn the page - Notice of Pro Confesso. Gibson §205-213.
124.File petition for decree on th e above facts. I t’s possible in your state the clerk will sign this once you serve the
respondent an d allow by rule 21 days to respond to clerk; w hen the clerk signs it, you now Petition the Chief Judge
in C ham bers to Sign a Decree an d use th e clerk’s signed Pro Confesso judgem ent as your only evidence in support.
125. W hen Ju d g e signs Decree - All persons worldwide m ust conform to the decree or suffer contem pt of the Judge’s
decree. The respondents m ust set aside decree to be relieved of it.
126. ENFORCEMENT. Objective: SEALED “register of chancery of the federal circuit of the U nited S tates for the state
of iowa, in care of th e u.s. court of appeals” (or suprem e court of the united states), BILL IN EQUITY, Notice of

Laws of th e Case u nder M axims and Gibson 64 Sections authenticated by S tate Law L ibrarian, [see sam ple Clerk’s
letter]
127. Caption, Parties, Jurisdiction, Cause of Action, Claim for Relief, Facts for Affidavit, Notice of E videntiary Hearing,
Notice of P rivate P roprietary Evidence in S upport for In Cam era E videntiary H earing.
128.GIBSON §785. The general rule of evidence, th a t the best evidence obtainable m ust be produced, is as applicable to
affidavits as to other evidence. Affidavits should, therefore, be m ade by those best acquainted w ith the facts to be
proved, or a sufficient reason given for th e ir not being so m ade; and all w ritings referred to in affidavits should be
exhibited, or a sufficient excuse given for not so doing.
129.EXCLUDE PUBLIC AND PRESS: M axim “Inclusio u n ius e st exclusio a lte riu s" The inclusion of one is the
exclusion of another, and vice versa, th e exclusion of one is the inclusion of another. “Petition to exclude the
public...”
130.PETITION THE COURT TO: “show cause why my private citizen rights should commingle w ith those rig h ts of the
public, enemies, belligerents and rebels, or be it resolved this cause shall proceed SEALED and Ex P arte, OR BE IT
RESOLVED, th is proceeding shall commence by order of the court Sealed and all th ird parties b arred from its
access.” [attach proposed order].
FEDERAL EQUITY PRACTICE: JUDICIAL POWER OF ARTICLE III
EXTENDED ONLY TO PURELY EQUITABLE INTERESTS U N D E R THE CONSTITUTION FROM A

U N IO N STATE CONCURRENT WITH ARTICLE III
Original Judiciary Act

131. September 24, 1789 - 1 US Stat. at L., ch. 20 p. 73 et seq. and, United States Revised Statutes, sec. 629 et seq.
132.1986 COMMODITY FUTURES TRADING COMMISSION v. SCHOR ET AL. Suprem e C ourt of U nited States:
a. The C ourt identifies Article Ill's stru ctu ral, or separation-of-pow ers, function as preservation of the
Judiciary's dom ain from encroachm ent by an other branch.
b. The C ourt identifies th e im p artial adjudication function as th e protection afforded by A rticle III to
individual litig an ts against judges who may be dominated by other branches of government.
c. In my view, th e stru c tu ra l and individual in terests served by Article III are inseparable.
d. The potential exists for individual litigants to be deprived of im partial decisionm akers only where federal
officials who exercise judicial power are susceptible to congressional and executive pressure.
e. T hat is, individual litig an ts m ay be harm ed by the assignment of judicial power to non-Article III federal
tribunals only w here th e Legislative or Executive B ranches have encroached upon judicial auth o rity and
have th u s th reaten ed th e separation of powers.
f. The C ourt correctly recognizes th a t to th e extent th a t A rticle Ill's stru c tu ra l concerns are im plicated by a
g ra n t of judicial power to a non-Article III tribunal, "the parties cannot by consent cure th e constitutional
difficulty for th e sam e reason th a t the parties by consent cannot confer on federal courts subject-matter
jurisdiction beyond the limitations imposed by Article III, § 2."

g. Because th e individual and s tru c tu ra l in terests served by Article III are coextensive, I do not believe that a
litigant may ever waive his right to an Article III tribunal where one is constitutionally required. In other
words, consent is irrelevant to Article III analysis.
h. O ur C onstitution unam biguously enunciates a fundam ental principle — th a t th e "judicial Power of the
U nited States" be reposed in an independent Judiciary. It is our obligation zealously to guard th a t
independence so th a t our trip a rtite system of governm ent rem ains strong and that individuals continue to
be protected a g ain st decisionm akers subject to majoritarian pressures. U nfortunately, today the Court
forsakes th a t obligation for expediency. I dissent.
The “Stargate” To Travel Back In Tim e To Fix A ll Things Under God’s Kingdom.
133. A dm itting th is to be so, it, nevertheless, cannot have th e effect to oust th e jurisdiction in equity of th e courts of the
U nited S tates as previously established. T h at jurisdiction, as has often been decided, is vested as a p a rt of the
judicial power of th e U nited S tates in its courts by the C onstitution and acts of Congress in execution thereof.
W ithout th e assen t of Congress th a t jurisdiction cannot be im paired or dim inished by th e sta tu te s of the several
state s reg u latin g th e practice of th e ir own courts. Bills quia tim et, such as the present, belong to the ancient
jurisdiction in equity, an d no change in sta te legislation giving, in like cases, a rem edy by action at law, can, of itself,
cu rta il th e ju risdiction in equity of th e courts of th e U nited S tates. The adequate rem edy a t law, which is th e te st of
equitable jurisd ictio n in th ese courts, is th a t which existed w hen th e Judiciary Act of 1789 w as adopted, unless
subsequently changed by act of Congress. [McCONIHAY v. W right. Suprem e Court of U nited S tates 1887.]
134.FEDERAL EQUITY PRACTICE. A m erican Technical Society: Library of A m erican Law and Practice: Equity.
Equity procedure, 1919. Book page 64. Sec. 81. D ual System of Jurisdiction, “...the Federal courts keep entirely
separate, actions at law and suits in equity, as much so as did the Court of Common Pleas and the High Court of
Chancery in England a hundred years ago. This is affected by the device of having two sides to the court, the law
side, an d th e equity side! and betw een them th ere is no possible connection. If he w ants or needs equitable relief he
m ust d ep art from th e court on its law side and en ter it by the equity door on the other side, where he will be heard
by th e sam e judge, acting as chancellor.”
135.Newby v E nron 2002, “The C ourt held th a t federal courts have the equity jurisdiction th a t was exercised by the
English C ourt of Chancery at the time of the adoption of the Constitution and the enactm ent of the original
Judiciary Act, 1789... The Court further noted that regardless of the merger of the formerly separate courts of law
and equity by the Federal Rules of Civil Procedure, the substantive principles of Courts of Chancery remain
unaffected” .... Some of th e earliest w ritings on th e equity jurisdiction of English courts em phasize the exclusive role
of th e equity courts over su its arising out of a breach of a fiduciary duty.
136. C.L. B ates “Federal E quity Procedure” vol. 1&2, 1901. § 11. The jurisdiction m ust appear upon the face of
the record. The jurisdiction of th e circuit court is lim ited, in the sense th a t it has no jurisdiction other th an th a t
conferred upon it by th e constitution and law s of the U nited S ta te s! and, as a resu lt of this lim itation upon the
jurisdiction, th e presum ption is th a t a cause is w ithout its jurisdiction unless the contrary affirm atively appears. It
has long been settled th a t th e facts upon which th e jurisdiction of the circuit courts rests m ust, in some form, appear

upon the face of the record in all suits prosecuted before them , and it is error for the court to proceed u n til its
jurisdiction is shown.
137. Chief Justice Taney, discussing the necessity of th e record showing the jurisdiction, and th e reason of the rule, said:
“But in m aking th is objection, we th in k th e peculiar and lim ited jurisdiction of courts of the U nited S tates has not
been adverted to. This peculiar and lim ited jurisdiction has m ade it necessary, in these courts, to adopt different
rules and principles of pleading, so far as jurisdiction is concerned, from those which regulate courts of common law
in England [exclusive equity?] and in th e different states of the Union which have adopted the common law rules. In
these last-m entioned courts, w here th e ir ch aracter and ra n k are analogous to th a t of a circuit court of the U nited
States-in other words, w here they are w h at th e law term s 'courts of general jurisdiction.' they are presum ed to have
jurisdiction unless the contrary ap p ears. No averm ent in the pleadings of the plaintiff is necessary in order to
give jurisdiction. If th e defendant objects to it, he m ust plead it specially, and, unless the fact on which he relies is
found to be tru e by a jury, or adm itted being tru e by the plaintiff, the jurisdiction cannot be disputed in an appellate
court. Now, it is not necessary to inquire w h eth er in courts of th a t description a p arty who pleads over in bar, w hen
a plea to the jurisdiction h as been ruled ag ain st him, does or does not waive his plea! nor w h eth er upon a judgm ent
in his favor on th e pleas in bar, and a w rit of erro r brought by the plaintiff, the question upon the plea in abatem ent
would be open for revision in the appellate court. Cases th a t may have been decided in such courts, or rules th a t
may have been laid down by common-law pleaders, can have no influence in the decision in this court.
138.Because, und er the constitution and laws of the U nited States, the rules which govern the pleadings in its courts, in
questions of jurisdiction, sta n d on different principles and are regulated by different law s. This difference arises, as
we have said, from the peculiar ch aracter of the governm ent of the U nited S ta te s.
139.For although it is sovereign and suprem e in its ap propriate sphere of action, vet it does not possess all the powers
which usually belong to the sovereignty of a nation. C ertain specified powers, en u m erated in th e constitution, have
been conferred upon it; and n eith er th e Legislative, executive nor judicial dep artm en ts of th e governm ent can
lawfully exercise any auth o rity bevond th e lim its m arked out by the constitution. And in regulating th e judicial
departm ent, the cases in which th e courts of th e U nited S tates shall have jurisdiction are p articularly and
specifically enum erated an d defined; and they are not authorized to take cognizance of any case which does not come
within the description therein specified. Hence, w hen a plaintiff sues in a court of th e U nited S tates, it is necessary
th a t he should show, in his pleading, th a t th e su it he brings is w ithin the jurisdiction of th e court, and th a t he is
entitled to sue th e re , [i.e., private American is a national citizenship] And if he om its to do this, and should, by any
oversight of th e circuit court, obtain a judgm ent in his favor, the judgm ent would be reversed in th e appellate court
for w ant of jurisdiction in th e court below. The jurisdiction would not be presum ed, as in th e case of a common-law
English or sta te court, unless the contrary appeared. B ut the record, w hen it comes before th e appellate court, m ust
show, affirm atively, th a t th e inferior court h ad au thority, under the constitution, to h e a r and determ ine the case."
1 Scott v. Sandford, supra.
140."This peculiar and lim ited jurisdiction h as m ade it necessary, in these courts, to adopt different rules and principles
of pleading, so far as jurisdiction is concerned, from those which regulate court of common law in England and in the
different states of th e Union which have adopted th e common-law rules." [Exclusive Equity] “Union" - is th e "de
jure" reference.
Copy Claimed February 2020
TH E POW ER OF TH E JU D G E IN CHAMBERS UNDER EQUITABLE RULES OF CHANCERY
141.E quitable Rem edies, Pomeroy §355 “I t w as decided th a t individual judges acting in cham bers have all the powers
and functions which w ere possessed and exercised by the chancellor in cham bers.”
142. Gibson §770: In general, th e Chancellor's jurisdiction a t Cham bers now extends from the hearing of the sim plest
motions, such as to am end pleadings, to th e suprem est acts of adjudication, such as the rendition of final decrees
and th e ir enforcem ent by all necessary final process, as will be, hereinafter, more fully shown.
143.Pomeroy §296. Illu stratio n s — The four foregoing principles may be justly regarded, I think, as the very foundations
of the equitable jurisdiction of th e U nited S tates courts. They give it w hatever peculiar character it possesses
growing out of th e double organization of th e national and sta te governm ents, and they clearly distinguish it from
the jurisdiction possessed by any sta te trib u n als. In the practical adm inistration of th eir equitable powers, the
nation al judiciary have constantly affirm ed and steadily adhered to the doctrine in its negative form, that the
equitable jurisdiction does not exist, or will not be exercised, in any case or under any circumstances where there is
an adequate, complete, and certain remedy at law, sufficient to meet all the demands of justice.
144. All C ourts R un on “W aiver an d C onsent”. If you do not change the rules, th en you agree w ith the rules. For
example, In M innesota 484.33 RULES OF PRACTICE. The judges of the district court...m ay revise and am end
such rules as they deem expedient, conformably to law, and the sam e shall take effect from and after the publication
thereof. Such rules, as th e sam e shall be so revised and am ended from tim e to time, shall govern all the district
courts of th e state; but, in furtherance of justice, they may be relaxed or modified in any case, or a party relieved
from the effect thereof, on such terms as may be just, [this is the equity or changing the rules in your case] Any
other proper business p ertain in g to th e judiciary may also be transacted.
1912 Federal Equity Practice Rules. Table of Contents for B ill in Equity:
145.Package to C ourt m ay include b u t not lim ited to (a simple guide - not for reliance on):
a. Title Page [see sam ple in back]
b. Call to m ake “A ppointm ent” w ith Clerk and M aster in order m ake a “special filing by a P rivate American
N ational Citizen of the U nited S tates to invoke the exclusive rules of equity jurisdiction” L etter to Clerk
w ith Money O rder “Cost Bond” or F orm a Pauperis. D em and the case be sealed, on the “R egister of
Chancery”, a Judge authorized to proceed by authority of Article III, Section 2, Subd. 1 of the Constitution
for The U nited S tates of America.
c. Instructions to Clerk including b u t not lim ited to a) Seal the case, b) require Article III Judge, c) require a
review determ ination w hile you w ait, d) require to m eet w ith Judge in private cham bers to enter private
proprietary evidence in support of cause, e) m iscellaneous case file paid with dollar coins from US M int
from any bank, f) instructions to rule on the “Petition to Seal” before unsealing envelope w ith “Com plaint”
in Equity.
d. M otion for leave to e n te r into th e original exclusive jurisdiction.
C o p y C laim ed F eb ru a ry 2020
e. P etition for Ex P a rte and SEALED and Notice of Proprietary private confidential evidence in support of
P lain tiffs petition to seal and special cause.
f. Notice of P riv ate & P roprietary T ru st M aterials subject to outcome of P etition to P erm anently Seal.
g. Notice of Rules of th e Case: Gibson first 64 Sections l) I hereby g ra n t personal and subject m atter
jurisdiction to th e C ourt for th e purposes of adjudication under the rules of equity and its body of Maxims
and Jurisprudence; 2) “...show cause why said rules and jurisprudence of equity cannot be abided by or be it
resolved so it is w ritten so let it be done.” 3) 1912 Federal Equity Practice Rules by Hopkins are the exact
rules we have used for A ppellate to SCOTUS jurisdiction.
h. Bill in Equity (authenticated) for D eclaratory, Special, G eneral, Injunctory Relief.
i. Jurisdiction S tatem en t - th is is a su it th a t arises under the constitution of the U nited States, C) P rayers
for Relief D) P rayers for Process E) V erification - two w itnesses - no notary. USE ONLY MAXIMS as proof
of your claim.
j. A uthenticated BC special deposit, signed by “heir cestui que” - in sealed envelope.
k. M ake Application for In C am era E videntiary hearing for private, proprietary, privileged evidence.
1. Three B lank Pages a t end of bill.
m. Pro Confesso after service; subm itted to clerk for signature; subm it signed Pro Confesso to Judge in
cham bers for Decree of Pro Confesso (Gibson §205).
B ill in Equity
146. “The biR is founded upon the jurisdiction in equity of the Circuit Court of the United States, independent of statutes
or practice in any State, to administer, as between citizens of different States, any deceased person’s assets within
its jurisdiction." JO H N SO N v. POWERS.
a. Caption: Ju risdiction Governed by Article III, §2, subdivision 1, of th e C onstitution of The U nited S tates of
America. R egister of Chancery. Proceeding governed by M axims of Equity, and §1-64 Gibson “S uits in
C hancery” 1907.
b. Address, To th e H onorable Chief Ju stice an d to the “Clerk and M aster” in th e original and exclusive
jurisdiction In C am era, private cham bers, united state s court of appeals for the federal circuit for the state
of iowa; “Bench Book” - 1.16 A ppellate M aster the U nited S tates Suprem e C ourt and sta te Suprem e Courts
have original jurisdiction over certain types of cases—for example, election disputes, or boundary disputes
betw een states. Because these cases are outside of the Suprem e C ourt’s norm al appellate function, courts
will often appoint a Special M aster to secure and review an in itia l evidentiary record, m anage discovery
and motion practice as would a tria l court, and recom m end a final disposition.
c. Clause for Jurisdiction: “th is is a su it th a t arises under the constitution of the U nited S tates.”
d. T here is a class of tru sts, technical and continuous in th e ir n ature, which is w ithin th e exclusive jurisdiction
of equity, and cannot be enforced or efficiently adm inistered by any other trib u n al. A nd th ere is another
class, embracive of th e in sta n t case, w ithin the concurrent jurisdiction of law and equity. The distinguishing
characteristic would seem in th e m ain to be the adequacy and efficiency of th e legal remedy.

e. Pom eroy §218. Is th e Occasion only of the Exclusive Jurisdiction? “T here is, however, a radical difference
betw een th e operation of th is inadequacy of legal rem edies upon the concurrent equitable jurisdiction and
upon th e exclusive jurisdiction, although the direct results of the operation in both cases may be apparently
th e same! and it is th e neglect to observe this distinction which h as tended more th a n anything else to
involve th e whole subject in confusion. The exclusive equitable jurisdiction, or the power of the courts to
adjudicate upon th e subject-m atters coming w ithin th a t jurisdiction, exists independently of the adequacy
or inadequacy of th e legal rem edies obtainable under the circum stances of any p articu lar case.”
f. B ates §680 & §681 as footnotes in pleading. "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
proceedings 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 states."
g. The courts of law have no power, by th e ir own judicial legislation, and w ithout any statu to ry interference,
to abolish, cu rtail, or modify th e jurisdiction which h as once been acquired by equity.” (Pomeroy §182).
h. Background, Prem ises, C harging/interrogatory, Confederacy: w hat is a t stake, w h at property, w hat titles
are they holding, w h at privity, w h at prim ary rights, w h at relations, w hat is harm ed, threatened, who’s
doing it, w hen, how, w h a t adm issions, records, confessions, conduct, unknow n parties, etc.
i. P ray ers for D eclaratory Relief of th e rights, duties, powers, privileges and im m unities betw een the parties!
G eneral an d Special Relief, w ith particularity, “and that your orator may have such further and other relief
in the premises as the nature of his case shall require and as to your judgeship shall deem just.”
j. P ray ers for E xtraordinary Process. Lots of T em plates in Gibson & P u terb au g h i I.e., §13. Injunction,
attach m en t, sequestration, m arshaling, discovery, rem itter.
147. PUBLIC HEARINGS AS DEFENDANT: (send notice into Ju d g e’s cham bers of your sta tu s and Notice of the T rust
prior to hearing).
a. “My nam e is g ran ted to th e court for fu ture re tu rn w ith my in te re st.” (say two tim es) [Judge will say
som ething like “I don’t see th e legal significance of th a t”] Your Response: “objection” - on the grounds the
significance is not legal or a t Law, b u t equitable in a court of equity where equitable rights are historically
recognized; due to th e n a tu re of th is proceeding the equitable rights are not cognizable here and therefore
p resen ts a conflict or variance of Law. The conflict is equitable rig h ts and defenses are not cognizable at
Law and th e rig h ts in my defense are purely equitable.
b. “do you disclaim th e tru st? ”
c. That this is an equitable cause in equity arising under the constitution of the United States and that where
the rights of “John Henry Doe” 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 proceedings 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.
d. “P rivate tru s t is a special m a tte r an d due to exigent circum stances, I am invoking a court of equity to
protect th e in terests of a private tru s t th a t cannot be seen by this court at-law; w hen there is a conflict
betw een th e rules of Law and th e rules of equity over th e sam e subject m atte r th en the rules of equity shall
prevail.”
e. “Judge, these proceedings dam aging rig h ts to possession, title and in terest in a private tru s t th a t only
in h eren t equity h as th e sole exclusive jurisdiction to recognize - this is not a court of special equity and it
does not have jurisdiction of n o n -statutory tru s t here today.”
f. “I know who th e p arties of th e tru s t are and it’s not anyone th is court can see.”
g. “Does th is court have au th o rity over private tru st? ” “The real party of in te re st is not here today, who is the
tru ste e who holds an original “C ertificate of special deposit” on behalf of a private tru s t th a t these
proceedings are dam aging.”
h. “Does th e court disclaim th e tru st? Does th e Plaintiff?” “Let the record show th a t both th e C ourt and the
P laintiff adm its th e tru s t.”
i. “For and on th e record, th is court lacks au thority over tru st, and these proceedings are dam aging rights on
th e private not cognizable here today.”
j. “As th e record shows: T here is a private tru s t in which an individual not cognizable by th is court has rights
to property, title and other in terests. These proceedings th reate n to irreparably dam age the rights of a
beneficial in te re st holder in th e private.”
k. “Due to these exigent circum stances th e defendant is motioning for a dism issal of this at-law proceeding
and tran sfer into a court of special equity where a private beneficial in terest holder’s rights can be seen.
Defense requires in cham bers conference to present P rivate Special Confidential P roprietary inform ation
for th e court’s consideration.” [objection: “the court cannot compel the defense to publish private special
confidential proprietary docum ents.”]
1. “For th e record I did not violate th e soul, in ten t and spirit of the law, nobody w as in ju red and no property is
dam aged.”
m . “show cause why th is m a tte r cannot be handled privately” “I dem and again th a t you show cause why this
m atter cannot be handled privately th e n for and on the record, BE IT RESOLVED th e parties m utually
agree, accept, adm it, confess th a t th is shall be handled privately.”
End.
jla p tlje 2-orb bleete pou on pour journep in rtgfjteousfuessg, to execute Ijte tuill for pou on eartlj.
In th e beginning th ere w as only Two Prim ary Jurisdictions
COMMON LAW - LEGAL,

INCLUDING ROMAN CIVILAND
EQUITY broadened ADMIRALTY AND MILITARY and
over centuries Probate, Family, BK
ake-s no notice' of private tru;
TH E N TH E LEG A L SIDE STARTED TO A D O P T CERTAIN EQ U ITY IDEAS,

LIKE W R ITS, SETOFF, M O R TG AG ES, ETC
EXCLUSIVE BROADENED LEGAL INCLUDING CERTAIN EQUITY; NOW

EQUITY - TRUST, CALLED “CONCURRENT” or “Merged Procedure” under the
REDEMPTION, Judicature Act 1873
SUBROGATION
T hen in 1933, the M ilitary D octrines S w ept All Jurisdictions to Preserve

and P rotect the D istrict of C olu m b ia as a Sovereign, A M ilitary M ission
EXCLUSIVE “Look A lik e ” District, M ilitary, Territorial

EQUITY-TRUST,
REDEMPTION, ju risdictio ns all under “O ne Civil A c tio n ” under
SUBROGATION authority of M ilitary Em ergency of 85 years
M arch 9, 1 9 3 3 , m ilita ry d o c trin e u n d e r A rtic le II and A rtic le I.
The E xclusive is
U N TO U C H E D ! -
Pomeroy.

Here’s “ you” in your
primary status The People of the United States of America
Declaration of Independence
Articles of Confederation
\ Union State
The People of the \ under Organic Act
Union State DOES \ same footing as
NOT EQUAL “District / original 13 colonies
Citizens of the “State”
constitution of the
United States
"governm ent of th e United States*

Article 2 Article 1
Article 3
Direct Grant of Direct Grant of Laws of
Direct Apex Grant of
Civilian Judicial Power Executive Power the United States,
Military Command District of Columbia,
Territories of the United
States, without Judicial
Power
1947 “United States of America (Codified)

for United States and District of Columbia.
Title 1 of 61 Stat. 633.
Ortiz, Tidewater, Valle

fa\\ the jurisdictions are merged under
Congress’ authority to rule the D.C. and
Territories without the “vesting clauses”
Territory of the United States “States” subject to District of Columbia and Equal to Territory Status.
Puerto Rico, Guam, Marianna Islands, Insular
Areas, United States Minor Outlying Islands, For example:
Unorganized and Organized, Incorporated and Minn. Stat. 524.5-602. The Word “S tate" (o) means a state o f the United
Unincorporated. States, the District o f Colum bia, the comm onwealth o f Puerto Rico, the
United States Virgin Islands, a federally recognized Indian tribe, or any
territory or insular possession subject to the jurisdiction o f the United
States.
There’s “ yo u ” in your reduced status
The People of the Union State DOES NOT EQUAL “District Citizens of the “State”
-073-
Three Political Branches
1) Co-ordinate (equal in rank or importance) I
2) Co-extensive (extending over the same space or time;
corresponding exactly in extent)
3) Independent and distinct: no usurpation, delegation, or
trespass on jurisdiction
I
4) Political (relating to the ideas or strategies of a
particular party or group in politics)
5) Distribution of Power (postulates)
6) Exclusive Power
a. Article III a. Article I

b. Judicial Power of the United States a. Article II
b. Military b. Legislative - Congress
c. Judiciary Act 1789 c. Pursuant to...Conferred..by
d. Chancery c. Roman Municipal
d. chief executive officer virtue of...
e. SCOTUS rule 48.2 d. exclusive jurisdiction D.C.
f. Federal Equity Rules 1912 e. executive order
f. enforcement e. vest jurisdiction, BK.
g. Federal Judicial Center f. write laws, intent
www.fjc.gov g. administration
h. law of military occupation g. follow executive orders 1933.
h. 3-2-1, Equity h. Federal Register
i. warrant for jurisdiction i. George Washington successors,
j. Administrative courts i. exclusive duty to pay the debts of
j. Maxims of Equity the United States
k. Judiciary Nature k.
j. Act of April 20, 1940, 28 USC
I. Limited Jurisdiction 1332.
m. ‘courts of the United States’ k. Justiciable Character
n. “Citizens” has broader meaning I. ‘the laws of the United States’
than 14th Amendment. m. general jurisdiction
a. direct grant of judicial power

b. suit or case a. Secretary of State - DBA, Name a. mechanics of government and
c. District citizen not recognized Registration administration
d. D.C. not a “State” b. Assumed Name, Business License b. legislative consideration, not judicial
e. “....within the meaning o f...” c. Attorney General c. United States Postal Service, Privacy
1. “Law” d. Secretary of Treasury Act, Form 1093
2. “due process” e. Department of Justice - APC d. special statutory courts in the district
3. “mode” “rules” “process” f. Plomeland Security courts of the United States.
4. “procedure” g. Passports e. non-judicial functions
i. TWEA/EBRA - exclusive over f. sovereignty over District citizens by
5. “citizens of the United States”
f. Suit arises under the constitution and laws Banking, 31 CFR, Treas. Regs, virtue of constitution
of the United States j. “person” “state” “citizen” “inferior g. “incapable of receiving judicial
g. After Enabling Act, FRCP, Rule 48.1 court” power III”
k. Executive Courts under h. Equity from Admiralty and BK
h. Judicial Code
i. Removal, Doctrine of Election Proclamation 2040, authorized by i. exclusive over commerce
j. Mandamus to extend judicial power to a suit Congress 12 USC 95b. Becomes j. “diversity" by virtue of Article I
FRCP. k. “person” “state” “citizen” “inferior
or case
k. concurrent/exclusive/appellate court”
I. “Circuit Court of the United States”
I. inferior courts - S.S.C.
m. “diversity” by virtue of Article III m. not constitutional courts, even
though they see same questions
n. “person” “state” “citizen” “inferior court”
arising under the Constitution,
o. “circuit court of the United States”
n. District of Columbia is NOT “state”
p. Rules of Chancery in Judiciary Act 1789,
within the meaning of Article III.
sec. 15.
o. Power to make rules Sect 3 for
q. Rules of courts of the United States, id.
sec. 17, 32 Territory. Also see Pannill.
r. p. Congress authorizes Supreme
Court to make rules for new “Executive
Courts under Military” called “Federal
Rues of Civil Procedure”
‘ t h e p e o p le t h e y ru le o v e r d o w n h e r e ’
“Inclusio unius est exclusio alterius”
CHART OF THE LAW
(The Roman Numeral after a subject show9 the number of such subject
in the Law Library)
' United States Constitutional

Constitutional and Law, III
State Constitutions, IV
Statutory Law Statutory Construction, V
Public Public Corporations, XXV
Law
Wrongs Against / Criminal Law, XXX
the Public \ Criminal Procedure, XXXI
' Real Property, XVII

Abstracts, XVIII
Mining Law, XXIX
Property. Personal Property, XIV
Patents, XV
Copyrights, XVI
Wills, XXXII
National
or ’ Contracts, VI
Municipal Agency, VII
Law Sales, XI
Bailments, XII
Carriers, XIII
Substantive Contracts Partnership, XXIII
Law W ith th eir Private Corporations, XXIV
v a rio u s Bills and Notes, XXVI
su b d iv isio n s
Guaranty and Suretyship,
XXVII
Insurance, XXVIII
Equity.... | Equity Jurisprudence, XX

Private
Law
Torts, VIII
Domestic Relations, X
Commbn Law Pleading, XXXIV

Equity Pleading, XXII
Code Pleading, XXXV
Adjective Federal Procedure, XXXVI
Law Evidence, XXXVII
Damages, IX
Administration, XXXIII
Bankruptcy, XXIX
r.t l TLaw. Jj Private>

Public, XXXVIII
International X X X lX N o tice the
Roman
Introduction to the Study of Law, I
Legal History, II Numerals
Spanish-American Law, XL to o
Legal February 2020 -075-
C opyrigh t, 1008, by D ugal C res.
All rig h ts reserved.
18/ j u u ver tiaynes uutnnes on inquiry
TABULAR ANALYSIS*
0P Nothing Has Changed
EQUITY J VK IS D IC ^ ^ W c T o f
r ----------__ Columbia.
EQUITY.
Classification of Heads of Jurisdiction (p. 28).
I 1
L—E xclusive J II.—Concurrent Jurisdiction. ILL—Auxiliary Jurisdiction.
I . — E x c l u s iv e J u r is d ic t io n (p. 98).
I
In rofpeet of right* w
i holly ignored In respect of persons under
by the disability (p. 129).
Common Law (p. 100).
Protection of Infants.
L
1
Trusts (p. 101). Administmtion (p. 112). Property of M o rt^ c a .
Married Women Penalties, ana
(p. 118). Forfeitures
(P. 126).
1
I
Creditors’ Legatees’ Suita by
Bolts Suits parties 1. Separate 2. Equity to S. Higfat of
(p. n n (p. 114). Interested in Estate. Settlement Survivorship
0 residue (L ect VII.) (p. 12U in Equitable
In Rem (p. 117 ). Interests
(p. 123).

I. 'For when the R evolution to o k p la c e th e people o f each State beca m e th e m s e lv e s sovereign" M artin
e ta lv , The Lessee o f W ad d e ll, (13 42 ) 41 U.S. (16 Pet) 367, 41 0, lO L .E d 997, 1013.)
2. 'The (state) Constitution is the su p rem e law, w ritten b y the s u p r e m e p o w e r o f th e state, th e people
themselves." Re G o rh a m -F a y e tte Local School Dist., 20 O h io M isc. 2 2 2 , 4 9 O h io O p s. 2d 143, 250
N.E.2d 104; State e x r e l . W e i n b e r g e r v. M iller, 87 O h io St. 12,99 N E . 1078.
3. "The Constitution is the voice o f th e peop le s p e a k in g in th e ir sovereign c a p a c ity , and it m u s t be

heeded; w hen th e C o nstitution speaks w ith reference to a particular m a tter, it m u s t be given effect as
the param ount law o f th e land." People v. Parks, 5 8 cal. 624.
4. "Sovereignty its e lf is, o f co u rse, not subject to law , for its is th e a u th o r an d s o u r c e o f law ; but in o u r
system, while sovereign powers are delegated to the agencies o f government, sovereignty itself
remains with the people, by w h o m and for w h o m all governm ent exists and acts. And the law is the
definition and limitation of pow er." Y ick W o v. Hopkins, I 18 US 356.
5. "Under our system the people, w h o w ere there (in England) called subjects are here the Sovereign ...
their rights, w h e th e r collective or individual, are not bound to give w ay to a sentim ent o f loyalty to
the person of a monarch. The citizen here (in A m erica) know s no person, how ever in years to those in
power, or how ever pow erful him self to w hom he need yield the rights w hich the law secures to
h im ..." U n ite d States vs. Lee, 106 U .S . 196 at 20 8 .
6. "Here (in A m e ric a ) sov ereig nty rests w ith the p e o p le . "C hisolm Ex 'r. vs. G eo rg ia 1 L.ed (2 Dali)
415,472.
7. "It is true that at (English) com m on-law the duty o f the A ttorney G eneral w as to represent the King,
he being the e m b o d im en t o f t h e state. B u t u n d e r the d em o cratic form o f g o v e rn m e n t n o w p re v a ilin g
the people [are] K ing, so the A tto rn e y G en eral's d u ties are to th a t Sovereign r a t h e r th a n to the
m ach in ery o f g o v e rn m e n t." H a n c o c k vs C a rry A lcorn M in in g C o. Inc., K y. ,503 S . W . 2 d 710,
Kentucky C o n s titu tio n section 4, C o m m o n w e a lth Ex Rel. H a n c o c k vs P axton K e n tu c k y . ,516 S. W. 2
d page 867(2) clause 3.
8. "Local law s or o rd in a n c e s e n a c te d b y a city m u s t b e c o n s is te n t w ith the state C o n s titu tio n ." Bell v.
V au gh n, 155 Fla. 551, 21 So. 2d 3 1, E v a n s v. B erry, 262 N .Y . 61, 186 N .E . 203 , 89 A.L.R. 387.
9. " I tis th e d u ty o f a ll o ffic ia ls , w h e t h e r le g is la tiv e ,ju d ic ia l, e x e c u tiv e , a d m i n i s t r a t i v e , o r

ministerial, to so perfo rm every official act a s not to violate Constitutional provisions."
Montgomery v. State. 55 Fla. 97, 45 So. 879.
10. "The provisions o f the C onstitution m ust be given effect even if in doing so a statute is held to be
ino perative." State ex rel. W est v. B utler, 70 Fla. 102, 69 So. 771.
11. 'T he C onstitution w a s m a d e n o t to act u p o n the legislative d e p a rtm e n t alon e, bu t upon every
.PVci«,mdd«pa,EUnJ e n t o f th e go v ern m e n t." W a y v. H il I ier, 16 O h i o 105.
9 0 ST AT. 2 6 6 PUBLIC LAW 9 4 - 2 4 1 — MAR. 2 4 , 1976
V
declared to be citizens o f the U n ited S tates, excep t us otherwise pro

vided in Section 302:
“ (a ) all persons born in the N orthern M ariana Islands who are
citizen s o f the T ru st T erritory o f the Pacific Islands on the day
preceding th e effective date of th is Section, and w ho on that date
are dom iciled in the N orthern M ariana Island s or in the U n ited
S tates or any territory or possession th e r e o f;
“ (b ) all persons who are citizens o f the T ru st T erritory o f the
P acific Islan d s on the day preceding the effective date o f th is S ec
tion, w ho have been dom iciled continuously in the Northern M ari
ana Islan d s for at least five years im m ediately prior to that date,
and who, unless under age, registered to vote in elections for the
M arianas Islan d s D istr ic t L egislature or for any m unicipal elec
tio n in the N orthern M ariana Islan d s prior to January 1, 1975;
and
“ (c ) all persons dom iciled in the N orthern M ariana Isla n d s on
the day p reced ing the effective date o f th is Section, who, although
not citizens o f the T ru st Tei ritory o f th e Pacific Islands, on that
date have been dom iciled continuously in the Northern M ariana
Isla n d s b egin n in g prior to January 1, 1974.
“ S e c t i o n 302. A n y person who becomes a citizen o f the U n ited
S tates solely b y virtue o f the provisions o f Section 301 m ay w ithin
This is only for six m onths after the effective date o f that Section or w ith in six monUis
status under a fte r r e a c h in g th e a g e o fl^ 'e n r s ^ v h i^ m*
a nation al but n o t a citizen o f th e U n ited S tates b y m ak in g a declara
the tion under oath before any court established by the C on stitution or
law s o f the U n ited S ta tes or any court o f record in th e Com m onwealth
constitution.
in th e form as fo llo w s:
You s till need ‘ ‘W S u S bein* f!uj y sworn, hereby declar e m y intention
to get “ union
state status
J be. a national but not a citizen o f the U n ited S ta te s.'"
“ S e c t i o n 303. A ll persons born in the Com m onwealth on or after
the effective date o f th is S ection and subject to the jurisdiction o f tlio
t o o ” in U n ited S ta tes w ill be citizen s o f the U n ite d S tates at birth.
“ S e c t i o n 304. C itizens of the N orthern M ariana Island s w ill be
com bination en titled to all privileges and im m unities o f citizens in the several
with this. S tates o f the U n ite d Stntes.
“ A r tic le IV
“ ju d ic ia l a u th o r it y
District Court for “ S e c t i o n 401. T he U n ited S tates w ill establish for and w ith in the
the N orthern N orthern M ariana Islan d s a court o f record to be known as the
M ariana Islands. ‘D istrict Court for th e N orthern M ariana Islan d s’. T he Northern
E stablishm ent
M ariana Islan d s w ill con stitu te a part o f the same judicial circuit of
the U n ited S tates as Guam.
“ S e c t i o n 402. (a) T he D istrict Court for the N orthern M ariana
Islan d s w ill have the jurisdiction o f a district court o f the U n ited
States, except that, in all causes arising under the C onstitution, treaties
or law s o f th e U n ited S tates it will have jurisdiction regardless o f the
sum or valu e o f the m atter in controversy.
“ (l>) T he D istrict Court w ill have original jurisdiction in all causes
in the N orthern M ariana Islan d s not described in Subsection (a )
ju risdiction over w hich is not vested by th e C onstitution or law s o f
th e N orthern M ariana Island s in a court or courts o f th e Northern
M ariana Island s. In causes brought in the D istrict Court solely on

Federal - constitution of the United States 1776
Appellate & circuit court

this line is the invisible ‘curtain’
that separates the private and
the public in all court systems.
Timeline >
State Practice
Keywords for Notes:

1. Interlocutory
2. Original Bill: Redemption, Subrogation
3. Notice of Appeal
4. Bill For A Writ of Mandam us
5. Warrant for Jurisdiction
6. Notice of Interest & T r u s t
7. Receipt, Paid in Full
8. Tender, Offer to Pay
9. Endorsement
10. Chattels, Bonds, Orders,
11. Judge’s Chambers
Presumption of Life
x w
S O C IA L S E C U R IT Y
Refer to:
August 23, 2018

Dear Ml
am responding to your July 3, 2018 Freedom

Ms. M onica C hyn’s decision not to disclose M r|
A pplications for a Social Security Card (SS-5).
Attached you will find the certified SS-5s for M r|

that you did n ’t receive with your initial request. However, we cannot
disclose the parents’ nam es without their written consent or acceptable proofs o f their
deaths. The Privacy Act o f 1974 (5 U.S.C. § 552a) provides the guidelines and
limitations for disclosing the information you have requested. The inform ation requested
is also exem pt from disclosure under the FOIA (5 U.S.C. § 552(b)(6)). Exemption 6 o f
the FOIA does not require agencies to disclose information that would be a clearly
unwarranted invasion o f personal privacy.
The information you requested could reveal the identities o f living people. Under our
current policy, we do not release the parents’ nam es unless: 1) we have the parents’
written consent or acceptable p roof o f death for the parents; or 2) the num ber holder o f
the SS-5 is at least 100 years o f age and we have acceptable p roof o f the num ber holder’s
death; or 3) the num ber holder o f the SS-5 is more than 120 years old. Acceptable proofs
o f death include:
convey the “number holder name"
• a copy o f a public record o f death o f the num ber holder; or

• a statem ent o f death by the funeral director; or
• a statem ent o f death by the attending physician or the superintendent, physician,
or intern o f the institution where the person died; or
• a copy o f the coroner’s report o f death or the verdict o f the coroner’s jury; or
• a copy o f an official report o f death or finding o f death made by an agency or
departm ent o f the U.S. which is authorized or required to make such a report or
finding in the adm inistration o f any law o f the U.S.; or
• an obituary with sufficient identifying information.
Copy Claim ed F ebruary 2020 -080-

JAG
Military Law - Law of Belligerent Occupation (JAG)

JAG - "Judicial Advocate General" of the United States Military.
http://www.loc.aov/rr/frd/Militarv Law/pdf/law-of-belliaerent-occupation 11 .pdf
“occupant” = military conqueror.

“sovereign” = the domestic government and inhabitants of conquered territory.
Page 30: "Althoug h it is well established th at sovereignty is not

altered bv m ilitary occupation, the occupation of national or
neutral territory by an enem y will cause it to be treated as
enem y territory for com m ercial and belligerent purposes. This
practical approach recognizes that trade w ith territory w hich is
actually under the control o f the enemy contributes to his resources.
It is universally admitted principle of the

modern right of nations that, by reason of its precarious and de facto character of possessio
0 , a military occupation resulting from the operations of
war may not imply a transfer of sovereignty over the
territory occupied and consequently does not involve any right of disposing
of this territory to the profit of any one.
Since the o ccu p a n t's authority arises from the fa ct o f occupation

and the laws of war, and not through the expelled sovereign,
constitutional and statutory restrictions an the powers of the
legitim ate sovereign do not affect the occupant. fNot true in
USA - the “ raison d ’e tre ” is derived solev from statu te, m aking
the USA a hybrid de facto m ilitary governm ent occupation in
fo rm , not in substance”)
Some authorities have argued that new laws and decrees

prom ulgated by the absent sovereign are valid in the occupied
territory on the assum ption that the o ccupant has no law -m aking
power whatsoever; that the law -m aking pow er is one main divisible
and remains in the legitim ate sovereign only.
Page 34: The suspension, of the authority of the legitim ate

governm ent.6 The o ccupant has suprem e authority, i,e,, the fullest
measure o f control, necessary to accom plish his m ilitary objective
and to restore public order and safety,' His authority may be
exercised in every field of governm ental activity, executive,
adm inistrative, legislative and judicial.
Since the o ccu p a n t's authority arises from the fa ct of occupation

and the laws o f war, and not through the expelled sovereign,
constitutional and statutory restrictions an the pow ers o f the
legitim ate sovereign do not affect the occupant."
[here's the evidence of w hy we m ust "seal" the record]
A ccording to the Am erican view, the sovereignty of the legitim ate
governm ent is suspended during occupation and the pow er to
create new laws fo r the governm ent of occupied country is in the
occupant. It is out o f the question, says Robin, that the inhabitants
of the territory should be subjected to tw o m asters at one and the
same tim e.
[ca n 't be subjected to tw o m asters at same tim e; when record is

sealed then th a t's how you only serve one m aster - private American
Citizen]
The o c c u p a n t’s right of adm inistration is an original right based on

the laws of w ar and not derived from the legitim ate sovereign,
He is not obliged to com ply with the constitutional procedure of
the occupied territory in m aking changes in law.
Local courts that continue to function may pronounce verdicts in the

name of the legitim ate sovereign, although the occupant may
prohibit the use of such a form ula.
Where the o ccupant prohibits the exercise of justice in the name

of the legitim ate sovereign, he cannot com pel the local courts to
render judgm ent in his nam e since he is not the sovereign, (they
render ju dgem ent in the nam e of the Birth C ertificate)
These courts should be distinguished from the courts w hich the

occupant establishes by virtue of his own sovereign power. The
form er render judgm ent according to the laws of the occupied
territory and should be regarded as foreign courts in relation to the
courts o f the occupant * The courts of the occupant render
judgm ent in the name of the occupant while the local courts render
judgm ent in the name of the legitim ate state or they use a neutral
form ula.
O ccupied territory is dependent on tw o underlying principles: (1)The

o ccu p a n t's rule is provisional only and does not im ply a change of
sovereignty; and (2) his act m ust have a reasonable connection to
legitim ate objectives, i.e.., they m ust be justified either by m ilitary
necessity or the need fo r m aintaining order and safety, [this is why
they m edia constantly broadcasts chaos and disorder to give
legitim acy to the emergency]
It w ould seem to be w ithin the lawful rights of a m ilitary occupant to

payable to the legitimate government or its order, [this may be why they
kept the name “ United States” to confuse who the true title holder is]
The occupant is not the legal successor to the legitimate government
and is therefore incapable of passing title to such securities, [zero legal
privity under international law!].
Conversely, the failure of the occupant to possess the evidence

of indebtedness is im m aterial if the debtor be within the
occupied territory. [Private Am erican Citizens are expressly
excluded]
"International Law of War" "the rig ht o f ap propriation is purely a de

facto rig h t” . [Private Am erican Citizens are expressly excluded]
This is part of the broader rule that a sovereign m ay not be sued

w ithout his consent.
[wow - did you know you d o n 't have to consent to being sued?]
It should be rem em bered that an occupant is not the successor to

the leg itim ate sovereign and, therefore, when he appropriates state
property as booty, he is not obliged as a general rule to assume the
liabilities of the legitim ate governm ent.
[this is w hy the republic still has debts th a t need to be paid, but we

have no way to pay them w itho u t our lawful m oney - therefore it’s a
set collision course in tim e to be liquidated.]
Where there is any d o ub t w hether property is public or private it is

considered as public property until its private character is proved.
W herever the ow nership is doubtful the o ccupant may assum e
control over the property, that is, sequester it.
The court stated: "It is on the authorities quite clear th a t the injury
inflicted upon an individual by the act of State o f a sovereign
authority does not by reason of the nature o f the act by w hich the
injury is inflicted cease to be a wrong. W hat these authorities do
establish is th a t a rem edy fo r the w rong cannot be sought fo r in the
C ourts of the sovereign authority w hich inflicts the injury,and that,
the aggrieved party m ust depend fo r redress upon the d iplom atic
action of the State, o f w hich he is a su b je c t."
"aggrieved party m ust depend fo r redress upon the d ip lo m atic

action of the State, of w hich he is a subject."
"aggrieved party m ust depend fo r redress upon the d ip lo m atic
action o f the State, of w hich he is a subject."
Summary Notes on Executors and Estates, directly cited from
CORPUS JURIS SECUNDUM 1941, updates thru 1998.
‘lease note: Presumption of Death
[My em phasis is underline and bold, and I used [brackets] to
interpose my thoughts as it relates to the context/content
Acts 28:7 (New King James Version) In that region there was an estate o f the leading citizen of
the island, whose name was Publius, who received us and entertained us courteously for three
days.
CJS TITLES CITED: DEATH, EXECUTORS & ADMINISTRATORS, ESTATES, WILLS,

ABSENTEES, ABSENCE, DOMICILE, EASEMENT, CURATOR and CONSTITUTION
[have you ever wondered the definition of “decedent”?]
DEATH
Book 25A
Sec 6, page 553: 25:10, Presumption of death as sufficient to warrant administration of estate
(see Executors sec 16) Administration on estate of absentee (see Absentees sec 5).
SECTION 490 Provision is sometimes made by statute for a bond, on the distribution of the
estate of a person who has been absent and unheard of for so long a time as to raise a
presumption of his death, conditioned for a refunding of the amount received, with interest, in
case the supposed decedent shall prove to be in fact alive; but in a case where the supposed
decedent had been absent and unheard from for forty years, his estate was distributed without
requiring bond, [i.e., executor letter asks for bonds?]
[and you will see you must be 'dead' in order for them to access the Estate]
page 554: The presumption of death is effective for practically all legal purposes, including
proceedings involving real property, and is available as a method of proof of death in cases
where death is a jurisdictional fact that must be made to appear, [much more on this in
ABSENTEES later].
Probate Court determination not essential (to prove death).
EXECUTORS AND ADMINISTRATORS

BOOK 33
SECTION 3b: Although the terms are frequently used synonymously, an "executor" is a
personal representative appointed by a testator, while an "administrator" is one appointed to
act where there is no executor. Executors and administrators are regarded as officers of the
court, but are not generally considered to be public officers or agents. An executor or
administrator as an official and as an individual is, legally, two separate persons.
The personal representatives of decedents are of two classes, executors and administrators;
an executor is a person appointed by a testator to carry out the directions and requests in his
will, and to dispose of the property according to his testamentary provisions; an administrator
is a person authorized to manage and distribute the estate of an intestate [without a will] or of a
testator who has no executor. However, the offices are very similar, and the terms "executor"
and "afl®pya®iat£rrîlQBtee«)ai^n2)Q2IDBed as synonymous. STATUS: Executors and -084-
administrator are not public officers. On the other hand, hey are not mere employees, but are
distinctly officers without being invested with sovereign powers. Executors and administrators
are officers of the court and occupy a fiduciary relation toward all parties having an interest in
the estate. They are not agents of the estate, or of the decedent, and have no principal whom
they can bind; they are merely instrumentalities established for performing the acts necessary
for the transfer of the effects left by the deceased to those who succeed to their ownership. An
executor or administrator as an individual and as an official is, in the eye of the law, two
separate and distinct persons.
"Administration" is the management of the estate of a decedent and expresses the jurisdiction
assumed by the proper court over it.
The "estate" of a deceased person is not a legal entity but is merely a name indicating the sum
total of the decedent's assets and liabilities....and is not an entity known to the law, and is not
a natural or an artificial person, but is merely a name of the sum total of the assets. Note 43,
page 881: "Estate" is generally used as meaning property belonging to a decedent, a ward, a
mentally incompetent person or a bankrupt, and which is being administered in the courts.
SECTION 4, page 882 - The trust arising from an appointment as executor or administrator is
highly personal. It is not commercial or contractual. It is not a property right and it involves no
pecuniary interest on the part of the fiduciary.
SECTION 6A, In General, Administration is usually necessary where a person dies leaving
debts...and that there may be debts has been considered sufficient to render administration
proper. Where a person claiming to be a creditor of the estate applies for the appointment of
an administrator, it is not necessary that he should conclusively prove the existence of the
alleged debt, but if he makes a prima facie case this is sufficient to authorized and require the
appointment of an administrator. In such case administration is necessary to protect the rights
of creditors, for a creditor has no right to collect a debt due to the estate from another person
and apply it on his own demand; and where there has been no administration, he cannot
maintain an action against the estate of the debtor, nor can he ordinarily sue the heirs of
decedent.
JURISDICTION, SECTION 13, the states [lower case 'states'] have exclusive jurisdiction of the
settlement of decedent's estates.
[*** HERE'S THE BIG BINGO!!!!!!! My all caps]
SECTION 16, PAGE 892: FACT OF DEATH: Death of the person on whose estate
administration is sought is a jurisdiction requisite; and while the presumption of death arising
from absence may present a prima facie case sufficient to warrant a grant of administration,
yet if it subsequently develops that such person was in fact alive, the administration is void.
ANY ADMINISTRATION ON THE ESTATE OF A LIVING PERSON IS VOID. WHILE IT IS
TRUE THAT THE PRESUMPTION OF DEATH ARISING FROM A PERSON'S ABSENCE,
UNHEARD FROM, FOR A CONSIDERABLE LENGTH OF TIME, SEE "DEATH SECTION 6".
MAY PRESENT A PRIMA FACIE CASE SUFFICIENT TO WARRANT A GRANT OF
ADMINISTRATION ON HIS ESTATE, THE ARISING OF SUCH PRESUMPTION DOES NOT
TAKE THE CASE OUT OF THE OPERATION OF THE GENERAL RULE ON THE SUBJECT,
AND IF IT IS MADE TO APPEAR THAT THE PERSON WAS IN FACT ALIVE AT THE TIME
SUCH ADMINISTRATION WAS GRANTED, THE ADMINISTRATION IS ABSOLUTELY VOID.
ALTHOUGH, THAT PAYMENT TO AN ADMINISTRATOR OF AN ABSENTEE WHO IS NOT
IN FACT DEAD IS NO DEFENSE AGAINST THE ABSENTEE OR HIS LEGAL
REPRESENTATIVE, NOR ARE COSTS AND DISBURSEMENT INCURRED BY SUCH
ADMINISTRATOR A LEGAL CHARGE AGAINST TH ABSENTEE OR HIS PROPERTY; BUT
WEHRE THE ADMINISTRATOR HAS PAID DEBTS OF THE ABSENTEE, HE IS
SUBROGATED TO THE RIGHTS OF THE CREDITORS WHOM HE HAS PAID. IT HAS
BEEN CONSIDERED, HOWEVER, THAT THE INVALIDITY OF THE ADMINISTRATION
DOES NOT RELATE BACK, BUT THAT IT IS INVALID ONLY THE TIME WHEN THE
PRESUWflSyiOWIOIetDBfljrWafS BESUTTED... -085-
Note 64: Production of body is not required to prove death in a civil matter, such as the
appointment of an administrator.
APPOINTMENT OF EXECUTORS, SECTION 22, page 904, Testamentary appointment of an

executor may be either express or constructive, and may be by way of request or suggestion
rather than mandate, on the testator's part. Source of Authority: the Common-law doctrine is
that an executor derives his authority solely from the will by which he is appointed, and not
from the probate of such will, which is held to be only evidence of his right. However, the
modern view is that, while an executor's authority is derived primarily from the will, it is not
derived solely therefrom in the sense that mere nomination in the will standing alone is
sufficient to constitute one an executor, but the full powers of an executor come from the court
of probate jurisdiction, which, recognizing and confirming the testator's selection, clothes the
executor therein named with plenary authority by issuing to him letters testamentary, which are
usually granted in connection with the probate of the will, [does the mother sign something
that is construed as these letters? Or, does the baby do something to convey a will?] The fact
that an executor derives his authority primarily from the will serves to distinguish him from an
administrator, since the latter, as shown in section 30 derives his source of power solely from
his appointment by the court, b. Sufficiency of Designation: ...although a designation of a
person who can be identified even if not specifically named may be sufficient. Further, the will
must show that it was the intention of the testator that such person would act in the capacity of
executor. The intent of the testator governs with respect tot the appointment of an executor,
and his desires in respect of the naming of an executor will be respected, although not
expressed directly, if reasonably deducible from the language of the will. Slight expression in
the will mav suffice to determine the testator's intent, [are we reading that a newborn baby is
in fact the 'testator with the slightest expressions'?]
It is not necessary to the designation of an executor that the word "executor" should be used,
but any words which substantially confer on a person, whether expressly or by implication, the
rights, powers, and duties of an executor, amount to a due appointment under the will, and the
person thus clothed with the essential functions of the office is said to be an executor under the
will according to the tenor.
The intention of the testator must be sufficiently definite, and the court, in determining whether
the will effectively appoints an executor, cannot proceed on loose conjectural interpretation, or
by considering what a man might be imagined to do in the testator's circumstances, nor spell
our the designation of one as executor by the tenor from the mere mention of his name in the
will, [are the footprints 'definite' enough for the court? And to further suggest it's the newborn
baby read the next section on just how competent you have to be in order to be an
executor ]
Competency, SECTION 28, page 909: All persons, generally speaking, who are capable of
making wills are capable of becoming executors, and indeed the favor of the law extends even
further in this respect the power to name an executor is coextensive with the power to
devise or bequeath the estate...accordingly, one named as executor is not disqualified by old
age, bodily infirmities, lack of business experience, or ignorance of law, and one named in the
will as executrix mav qualify although she was the testator's concubine that crime,
drunkenness, or dissolute habits seldom disqualified one from serving as executor the court
may find unfit and refuse [executor appointment] where his dissolute or criminal habits or his
dishonesty or lack of integrity bring him within the condemnation of the statute....Mere poverty,
or even insolvency, constitutes no legal cause for refusing the executorship to the testator's
chosen appointee, and courts have thus respected the testator's choice.
One who is appointed both executor and trustee under a will does not by accepting the trust
accept also the executorship, [so courts can construe you as a trustee doesn’t mean you are
an executor].
Page 937, SECTION 41; Status as Creditor: In order to entitle one to administration as a
creditor, it is necessary that he should actually be a creditor and it has been held that he must
be a cre ^llW & ’B y B iB ^ k la M T i^ l^ claim or demand which may properly be proved against ’
the administrator when appointed.
page 952 SECTION 46: ...material intermeddling may disqualify one from becoming an
administrator....appointment of persons to such positions of trust are construed to apply to real
and not to artificial persons. In most jurisdictions this rule has been changed.
SECTION 49 PROCEEDINGS FOR APPOINTMENT - NECESSITY, page 957: It has been

said that a proceeding for letters testamentary or for administration of the estate of a decedent
is one in rem, or in the nature of a proceeding in rem, the res being the estate of the decedent,
and the only identification of it being the name of the deceased as set forth in the petition; it
also has been said that in certain respects such a providing may by the act of interested
parties assume the character of a providing in personam, and that such a proceeding is either
in rem or in personam, being in personam so far it determines the right to take letters, and in
rem so far as it holds in abeyance the title to the personalty, [the all cap name on the BC is in
rem? This is how they proceed in avoiding probate and equity courts because they would
need in personam jurisdiction]
SECTION 62 Trial or Hearing, and Determination: [is this why they have hearings to see if the
executor shows up?]
SECTION 91, REMOVAL OF EXECUTOR OR ADMINISTRATOR: page 1040, Jurisdiction for

the removal of an executor or administrator usually belongs to the probate court....In general
chancery has no power to remove an executor [because the executor office is not in personam
for equity to perform]...a proceeding for the removal of an executor or administrator should be
bought against him personally and not in his representative capacity...
SECTION 147, page 1107, The supervisory power of the courts over executors and
administrators is derived from the jurisdiction of courts of equity in cases of trusts arising in the
settlement of estates, and may be exercised by courts of probate only when it is expressly or
by necessary implication conferred on them by statute, [when there is no adequate remedy at
law?] Page 1108, Procedure: an executor, desiring to obtain the instructions of the court,
SECTION 151, page 1113: POWERS before QUALIFICATIONS: ...as a general rule neither
an executor nor an administrator can sue or be sued, either at law or in equity, until he has
been duly qualified...
SECTION 167, page 1136 AUTHORITY and DUTY in GENERAL, An executor or administrator
has the primary duty to collect the assets of the estate, and he must take into his custody all
personal chattels and collect all debts or claims due the estate, [see? it's your duty to get the
OID from the banks because it belongs to the estate!]
Foreign Domiciliary Representatives, SECTION 1000 [note to self, read this]
SECTION 184, DUTIES AND LIABILITIES OF REPRESENTATIVES IN GENERAL: page

1160, An executor or administrator is under a duty to take custody of the state and administer it
in such a manner as to preserve and protect the property for ultimate distribution. In the
discharge of such duty he is held to the highest degree of good faith and is required to exercise
that degree of care and diligence which prudent persons ordinarily exercise, under like
circumstances, in their own personal affairs.
SECTION 185, Since an administrator is an officer of the court, his custody of the property of
the state is deemed to be the custody of the court. The rep is entitled to the custody of the
books and papers of the estate, [write Treasury requesting a full accounting and list of assets
and debts due the estate?]
SECTION 187 DESIGNATION OF DEPOSIT, page 1166: The representative should make the
deposit capacity, and if the deposit is made in his indivkâl
name, without any designation of the trust, ['special deposit'??] he is liable for any loss which
Sec 6b, page 344
Under Special Statutes: Regardless of whether a person is dead or alive, his estate may be
administered as that of an absentee, and unknown claim ants thereto may be barred on strike
compliance with statutes providing therefore where he has been absent from this usual place
of residence and has concealed his whereabouts from his family for a prescribed number of
years. Statutes...are construed to provide for the granting of administration of the estate of an
absentee, rather than the estate of a decedent, and they do not repeal or supersedes statues
relations to adm inistration of the estates of deceased persons.
Such statutes must be strictly complied with, especially with reference to taking a bond from
the distributees conditioned on refunding the amount received to the supposed decedent if he
is in fact alive at the time of distribution; and the administrator is personally liable where,
instead of taking the bond required by statute, he takes a bond indemnifying himself.
distribution of the estate of an absentee who has been absent for...such a length of time as
gives rise to a reasonable presumption of death.
page 356, Process must be served on either the absentee or his representative [you can serve
on an absentee? I thought he was absent?]. In the case of an absentee, the law allows a
fictitious form of citation, as well as service on a duly appointed representative;
WAIVER: where a representative is authorized to waive citation and does so, as bv filing an
answer on behalf of the absentee, the waiver is effective to bring the absent defendant
constructively before the court and, notwithstanding the subsequent resignation of the original
representative and the appointment of another in his place, the absentee is still constructively
before the court and neither service nor waiver of service of process on the new representative
is necessary. [that'shffipHejj/dom when y q i T a j ^ ^
doesn't matter - you still represent the 'absentee/presumed dead' person, and you waived the
citation when you filed on the dead person’s behalf].
The residence of the absentee need not be stated in the citation. If the citation is properly
served on the representative it is immaterial whether it is addressed to him or to the person
whom he represents, [they don't need your name correctly to match, they just need you to admit you are that
name, that’s it!]. Name Game!!!!!
A judgm ent rendered against an absentee who is not personally cited, and is represented only
by an appointed representative is in the nature of a judgm ent in rem and not in personam,
page 358.
SECTION 6a - UNDER GENERAL STATUTES, The estates of an absentee may and should
be administered and distributed under general laws relating to the administration of the states
of deceased persons, where his death can be satisfactorily proved, but not where he is in fact
alive The estate oLa person presumed to be dead, but in fact alive, cannot be
SECTION 6b - UNDER SPECIAL STATUES, Regardless of whether a person is dead or alive,

his estate may be administered as that of an absentee...such statutes are for the specific
purpose of construing to provide for the granting of administration on the estate of a decedent,
and they do not repeal or supersede statutes relating to administration of the estates of
deceased persons.
SECTION 14, page 355, Representatives in Executory Process. An attorney appointed, under
statutory authority, in foreclosure proceedings by executory process where in it is alleged that
living or his heirs if he is dead. Mere informalities in the appointment and proceedings
subsequent thereto are not fa ta l...to justify the appointment, defendant in the executory
process must be in fact an absentee; and it has been held that plaintiff should be ready to
prove defendant's absence
C opy Claim ed February 2020 -088-

| or other sufficient cause for the
appointment. However, the absence of the mortgagor need not be shown by authentic
evidence; a mere allegation of absence authorizes the court to make the appointment.
Although an attorney at law must be appointed, the designation of the appointee as
representative instead of attorney will not vitiate the proceedings is he is actually a member of
the bar, it being nothing more than an informality and not an absolute nullity. The attorney
appointed represents the absent mortgagor, if he is living, and is heirs, if he is dead. He is not
page 356, SECTION 15, JURISDICTION, where a trustee's bill asks for distribution of the trust
estate in view of the cestui que trust's long absence, the court has jurisdiction of the trust
property, and may close the trust estate.
PROCESS: process must be served on either the absentee or his representative. In the case
of an absentee, the law allows a fictitious...
BOOK 25, SECTION 25, page 37 CURATOR: A term of the civil law use to denote a person
who is appointed to take care of anything for another. It is stated in Guardian & Ward Sec 3
that in the civil law a guardian is termed a "curator" where his guardianship relates merely to
the estate. A person appointed to represent an absentee against whom an action has been
instituted is sometimes called a "curator ad hoc," or a "curator ad litem," see Absentees Sec 9.
WILLS
BOOK 96
SECTION 1077, page 748, Of PARTICULAR LOCAL COURTS, Jurisdiction to construe wills
may reside in any local court which possesses general equity pow ers...either by virtue of
statues or organic law. An action for the construction of a Will will not be entertained where no
necessity for a judicial construction thereof appears; and the court cannot acquire jurisdiction
to construe a will by allegations that a question requiring construction exists when the record
shows that thee is no such question....equity will not assume jurisdiction of a bill for the
construction of a will where the language is clear, unambiguous and not open to doubt... [didthe
mother express any doubt to the hospital attendant, probate, registrar in the period of time she had the baby as to
the 'slightest intentions' of a will? If there is no doubt expressed, then the law says there is an implied will.]
SECTION 1082, at common law the executor or a deceased executor succeeded as the
executor of the will of the first testator. Where the rule prevails, an executor of an executor
may sue for the construction of a will for which his testator was the executor. However, the
doctrine has not been followed in most jurisdictions, and an executor of an executor cannot
maintain a bill for the construction of a will of which his testator was executor, or executor and
legatee, because he does not succeed to the fiduciary position of his testator.
CONSTITUTION
BOOK 16D
SECTION 1421. Estates of Absentees and Persons Presumed to Be Dead. Under the
constitutional guaranties against the taking or deprivation of property without due process of
law, a probate court has no power under its general authority to administer the property of a
M B ÎJ B J illM IM M g . However, a status conferring power on courts to regulate and to
administer the states of absentees, presumptively dead, is valid, where the procedure satisfies
constitutional requirements, as where provision is made for giving proper notice of the
proceeding and adequate safeguards are provided to protect the absentee's interests in case
of his reappearance, as by proving for the preservation of the estate for a reasonable period
before permitting distribution to the heirs.
PRIVATE DWELLING
Book 28, page 605, "Private Dwelling" A private house, one intended for private living, a place
or house in which a person or family lives in an individual or private state.
page 951, SECTION 46, Intermeddling with Estate. A technical intermeddling with the estate
does not per se disqualify one from becoming administrator, but material intermeddling may do
so.

EASEMENT
Book 28
Sec 8 page 644-650
The presumption of an easement arises only where the person against whom the right is
claimed could have lawfully interrupted or prevented the exercise of the supported right. [What?
First presumption of death, now presumption of easement - HA VE YOU NOTICED THERE’S A LOT OF
‘PRESUMING’ GOING ON IN THESE LAWS?]
page 638, an easement ordinarily may be created only by deed or by prescription...which

presupposes a grant (albeit a lost grant), ...and may be created by agreement express or
implied.
Property Subject to Prescription: an easement may be acquired in a homestead as in other

property.
An easem ent may be created by agreement - express or implied, operation of law.
page 686, section 30: Easements may be implied in favor of a grantor or grantee. Such
implications can only be made in connection with a conveyance [baby footprints?]. In view of
the rule that a convenience is to be construed against the grantor, the court will imply an
easem ent in favor of the grantee [county/state?] more easily than it will imply an easement in
favor of the grantor.
page 624, section 1, "Servitude" is the civil law term for "easement" in the common law, and
the two terms are often used indiscriminately. "Quasi-easement" "equitable easement". There
may arise where the dominant and servient estates are severed after having been unified; and
the use by the owner of one part of his land for the benefit of another part, is spoken of as a
quasi easement, and the land benefited is referred to as the "quasi-dominant tenement," and
the part utilized for the benefit of the land benefited is referred to as the "quasi-servient
tenement." A charge or burden resting on one estate for the benefit or advantage of another.
It is a charge or encumbrance which follows the land and is indivisible. Real servitude in the
civil law, is a right which one estate or piece of land owes to another estate.
Easement may be acquired by prescription as against both the trustee and the trust.
Easements may be acquired by anyone and by anyone by prescription.
page 648, A substantial interruption during the period of adverse use is fatal to the
c la im ...Interruptions of the use of an easement when brought to the knowledge of claimant
rebut the presumption of a grant, unless such interruptions are promptly contested by claimant
and the easement reasserted. An easement cannot arise by prescription if the owner of the
servient estate has habitually broken and interrupted the uses at will or denied the right and
threatened to put an end to the use and enjoyment of it, for it cannot be said that the owner
has acquiesced in a right which has been exercised against his protest.
An interruption or breach of continuity of the use, sufficient to stop the running of the
prescription period, ordinarily, occurs only where there is a physical interruption or some
unequivocal act of ownership on the part of the owner of the servient tenement, or of one in
privity with him.
page 651, Admission of Superior Right in Landowner: An admission, by the claimant of an

easement, of a superior right in the owner of the servient tenement, is fatal to the claim.
page 652, Easement must be "adverse" to servient tenement, To be adverse, the use must be
under a claim of right inconsistent with, or contrary to, the interest of the owner
[executor/estate], and of such character that it is difficult or impossible to account for it except
on the presumption of a grant, page 660, section 16, inasmuch as the acquisition of an
easement by adverse use follows the analogy of the acquisition of the title by adverse
possession...section 17, page 662, W hat Easements Created? Unless there is some statutory

provision to the contrary, all easements which may be acquired by grant may also be acquired
by prescription
IS THIS WHAT WE SHOULD BE TELLING BANKS/BAR:

["...and you are denied grant of prescriptive easement on the Estate."
"Any presumption of presumptive grant of easement on the Estate is hereby rebutted and estopped."
"You are estopped from grant of prescriptive easement and presumption of dominant servient tenement of the
Estate."
"This office renounces any and all claim by your office of adverse right of easement of the estate."
"You are hereby noticed of your presumptive adverse right of prescriptive easement and denied any right of grant
of conveyance of easement on the Estate. "
. ..and you are noticed of the extinguishment by release to the owner of the servient estate.... and by accession all
interest be returned to the Estate.
You are hereby noticed of your presumption of adverse right o f prescriptive easement and retroactively denied
any right of grant of conveyance of easement and material intermeddling with the Estate."]
page 720, SECTION 57. MERGER: When an estate in fee and an easement in the estate are
acquired by the same person, the easement is extinguished by merger or confusion...all
subordinate and inferior derivative rights are necessarily merged and lost in his higher right.
EXECUTORS & ADMINISTRATORS

Book 34
SECTION 367, page 94 Rights of creditors in estate vest at tim e of decedent's death...Under
some probate acts the word "claims" has reference only to such debts or demands against
decedent as might have been enforced against him his lifetime by personal actions for the
recovery of money, and on which only a money judgm ent could have been rendered.
SECTION 380 TAXES AND ASSESSMENTS. The estate of a decedent is not fully
administered and there can be no valid final settlement of the administrator until all demands ^
growing out of the assessment of taxes against the estate have been paid or provided for...
SECTION 388 EXPENSES OF ADMINISTRATION The legitimate expenses of administration

are to be met out of the assets of the estate, but the proper mode of doing this is for the
representative to make the necessary disbursements, for which he will be allowed credit in his
accounts, rather than by allowing such expenses as a direct charge against the estate, as the
expenses of administration are not usually considered debts of decedent. SECTION 390 Valid
claims of an executor or adm inistrator against the estate he is administering will be allowed.
SECTION 418 In general, unless required by statute, a claim against a decedent's estate need
not, as a rule, be verified...unless the representative requests him to do so, and a want of
verification may, of course, be w aived....W HAT CLAIMS MUST BE VERIFIED...The
requirement that claims against a decedent's estate must be verified generally applies to all
claims or demands which are payable out of the assets of the estate.
SECTION 428 No claims are recognized against a dead man's estate except such as have
been allowed by the probate court or established by some other court of competent
jurisdiction, and duly classified by the probate court.
SECTION 457 PRIORITIES AND PAYMENT (of Debts). One the most important duties of the
personal representative is the payment of debts which have been legally established against
the estate in their order. SECTION 460 AT COMMON LAW ...the proper expenses of the
funeral and of proving the will, if one existed, had priority over all debts, and this priority has
not been taken away by modern statues....apart from these expenses the debts of decedent
were, under the common-law system, divided into three main classes: 1) debts of record or by
specialty due to the Crown. 2) debts by record such as final judgm ents rendered against
decedent in his lifetime, final decrees of a court of equity being on the same footing. 3) debts
due on bonds when founded on consideration. 4) debts due by simple contract. SECTION
461 The common law of England giving preference to debts due the Crown has, in some
states, been declared to be in force so as to give priority over the claims of citizens...
SECTION 514 JURISDICTION. Jurisdiction of proceedings for the distribution of a decedent's

estate is usually vested the probate court although under certain circumstances a court of
equity may take jurisdiction...but such courts (of equity) will not usually take jurisdiction unless
the probate court cannot afford adequate relief. COUNTY OF DOMICILE (The probate court of
the county in which decedent was domiciled was the proper tribunal to determine distribution.
SECTION 515, WHO MAY INSTITUTE PROCEEDINGS (against estate) AND CONDITIONS
PRECEDENT. Any person beneficially interested in the estate has the right to institute
proceedings...LOSS OF RIGHT. The right to seek an order of distribution may be lost by
abandonment. SECTION 528 Only an interested person may bring a suit or proceeding...to
obtain relief against, ... a decedent's estate may be brought by, and only by, an interested
person.
SECTION 539 EXISTENCE AND VALIDITY OF DEBTS In order to authorize a sale of

decedent's land to pay debts, the existence of valid and legally enforceable debts of the state
must be shown. A sale should not be ordered where the alleged debts are fraudulent.
...contested and doubtful.
ESTATE
BOOK 31
SECTION 1, Definition: the word "estate" may mean property, and may signify and species of
property, real or personal. While the terms "estate" and "property" are often used
synonymously, it has also been held that the word "estate" has equally as broad, if not a
broader, meaning than "property." (See CJS "WILLS" SECTION 759). SECTION 2, In its
primary and technical sense, "estate" refers only to an interest in land; but, in its wider import it
applies to all kinds of property, personal or real. SECTION 7, Equitable estates are in equity
what legal estates are in law.
...where an estate is created by deed see CJS "DEEDS" section 123, TRUSTS 186, WILLS
870.
SECTION 5, estates or interest are also classified as vested or contingent, and as legal or
equitable. An "interest" in property may be vested, executory, or contingent. "Executory
interest" is a general term, comprising all future estates and interests in land or
personalty....An estate is vested when there is an immediate right of present enjoyment or a
present fixed right of future enjoyment; and estate either present or future, the title to which
has become established in some person or persons and is no longer subject to any
contingency, including all estates which are not contingent...
SECTION 32, A life estate may be created to be enjoyed without the intervention of a trustee.
SECTION 33, a life estate is alienable.
SECTION 36, Present Value of Life Estate: In determining the present value of a life estate the
English rule was to consider an estate for life as equal in value to one third of the whole, and
this rule has been adopted in some of the cases in this country. The general rule, however, is
to calculate the value according to the probable duration of the life estate, based on the tables
of life expectancy...the life estate is to be valued according to the mortality tables as of the date
the life estate is created or becomes effective, regardless of the fact that before valuation has
been made, even short of the period of expectancy, the life tenant may have died.
SECTION 3, Statutory Provisions: Matters relating to estates are regulated and controlled by
some statutes [only some? Because they really do not have jurisdiction at all?], and where
such statutory restrictions exist, only such estates may exist as are permitted by law...and
where such statutes are in derogation of the common law they must be strictly construed.
page 17, note 18, "The policy of the law is to stabilize land titles and to favor vested estates."
SECTION 31, Conventional life estates are created by the acts of the parties and are governed
by the terms of their creating instruments [mother’s new born: what did the Informant grant at

the hospital, her signature?], except as thereby modified, the ordinary incidents of conventional
and legal life estates are the same. SECTION 32 Life estates may be created by express
words or by im plication...but no particular words are necessary for their establishm ent....[they
can be created] by implication or judicial construction. No particular words are required or are
necessary to create a life estate. A life estate may be created not only by an express limitation
to that effect but by a general grant without defining any specific interest or estate, as where a
grant is made to a man, or to a man and his assigns, without any limitation in point of tim e....A
grant of the right to possession of the property is necessary to create a life estate for the
reason that the right to possession is one of the essential elements in the creation of such an
estate.
"Estate" and "equity" are not synonymous terms either in meaning or substance.
[M y CONCLUSION: M y humble conclusion from ju s t the above:

because you have not expressed a change o f domicile from when
you were an infant to either Treasury/Registrar/County/State/etc
you are deemed “absentee” and therefore “presum ed dead” and
when the TRUE LIVING OWNER finally does notify the appropriate
entities o f his new domicile he can go around and collect the
bonds as paym ent from the various intermeddlers for when the
‘system ’ presum ed grant of easement on the estate and
administered in the absence o f the executor because he is now in
fact “found alive” because he is no longer ju s t absentee].
Westlaw
A M JU R E S C H E A T § 1 Page 1
27A A m . Jur. 2d E sc h e a t § 1
The only keyhole to your private estate is by way of

beneficiary/heir AND trustee by nature under the inherit I
doctrine of "merger".
A m e ric a n J u ris p ru d e n c e , S e c o n d E d itio n the m om ent you do any statutes you are automatically
D a ta b a s e u p d a te d Ju ly 2 0 1 0 under the District of Colum bia "war powers" - see
Suprem e Court Rule 47 "State law".
E sc h e a t
B a rb a ra J. V a n A rs d a le , J. D .
on the other hand, see Suprem e Court rule 48 - "former!,
rules" - that's the inherit law before 1933.
I. In tro d u c tio n
T o p ic S u m m ary C o rre la tio n T a b le R e fe re n c e s
§ 1. D e fin itio n s an d h is to r ic a l d e v e lo p m e n t
W est's K ey N u m b e r D ig e st
W est's K ey N u m b e r D ig e st, E s c h e a t C ^ > 1 to 3
W hile in its tra d itio n a l u sa g e “ e s c h e a t” w a s a te rm w h ic h s ig n ifie d th e re v e r s io n o f re a l p ro p e rty to th e sta te

w h ere no in d iv id u a ls e x is t w h o a re e n title d to in h e r it th e p r o p e r ty ,[ l] th e te rm h a s c o m e to b e u se d in a b ro a d e r
sense, in clu d in g th e situ a tio n w h e re a g o v e rn m e n t a c q u ir e s title to a b a n d o n e d p e rs o n a l p ro p e r ty .[2] In fact,
“esc h e a t” is so m e tim e s d e fin e d e v e n m o re b ro a d ly to re f e r to tra n s fe rs o f p ro p e rty to th e sta te th a t o c c u r b e c a u se
a c o rp o ratio n o w n s p ro p e rty in v io la tio n o f sta te la w ,[3] b e c a u s e p ro p e rty is h e ld b y a n o n c itiz e n in v io la tio n o f
state la w ,[4] o r b e c a u s e a p ro p e rty h o ld e r fa ils to p e rfo rm c e rta in s ta tu to ry d u tie s, su ch as p a y in g ta x e s o r filin g
c la im s .[5] In its m o s t c o m p re h e n s iv e s c o p e , “ e s c h e a t” m e a n s th e re v e rsio n o r fo rfe itu re o f p ro p e rty to th e g o v
ern m en t u p o n th e o c c u rre n c e o f so m e c h a n c e e v e n t o r d e fa u lt. [6]
T he d o c trin e o f e s c h e a t h a s its o rig in in fe u d a l n o tio n s o f re a l p ro p e rty rig h ts. [7] E sc h e a t w a s th e in te re s t in

real p ro p e rty w h ic h re v e rte d to , o r d e v o lv e d o n , th e fe u d a l lord u p o n fa ilu re o f h e irs o f th e o rig in a l g r a n te e .[8]
E arly E n g lish c o m m o n law a ls o in c lu d e d th e c o n c e p t o f “ b o n a v a c a n tia ,” o r p e rs o n a l p ro p e rty w ith o u t a n o w n e r,
w hich a lso b e c a m e th e p ro p e rty o f th e c ro w n . T h e d o c trin e o f b o n a v a c a n tia w a s s o o n b le n d e d in to th a t o f e s
cheat, so th e term “e s c h e a t” n o w in c lu d e s th e tr a n s fe r o f p e rs o n a l p ro p e rty to th e s l a te ,[9]
In th e U n ite d S ta te s, e s c h e a te d p ro p e rty u s u a lly p a ss e s to th e sta te g o v e rn m e n ts , w h ic h h a v e a ss u m e d th e

role o f th e s o v e r e ig n .[10] M a n y o f th e sta te c o n s titu tio n s p ro v id e th a t th e p e o p le p o s s e s s th e u ltim a te p ro p e rty in
land and th a t title to la n d s th a t fa ils fro m d e fe c t o f h e irs re v e r ts o r e s c h e a ts to th e p e o p le .[ 1 1]
T he p rim a ry m o d e rn ra tio n a le fo r e s c h e a t, w h ic h a p p lie s to b o th u n c la im e d p ro p e rty la w s a n d tra d itio n a l e s

cheat, is th at th e sta te sh o u ld ta k e title so th e p ro p e r ty w ill b e n e fit all th e c itiz e n ry ra th e r th a n se rv e as a w in d fa ll communism
to the h o ld e r .[12] E sc h e a t la w s a re a ls o a s ig n ific a n t s o u rc e o f re v e n u e fo r th e sta te s, a llo w in g p ro p e rty th a t
w ould o th e rw ise b e d o rm a n t to b e p u t in to a c tiv e u s e .[ l 3] T h e p a s s in g o f p o s s e s s io n o f p ro p e rty fro m th e h o ld e r
custodial title in a
bailment in a vault
'Public Trust" - Trading with the Enem y 1917, and 1933. looking for the true
private citizen heir.
topy Claimed February 2020

© 2010 Thom son R euters. N o Claim to Orig. US Gov. W orks. -094-
Dobie - Judicial Power
§ 14) CONSTITUTION AS LIMITATION OP JUDICIAL POWER 21 '
Referees in Bankruptcy
Of greater practical importance than the Commissioners or probation
officers just discussed in this section are referees in bankruptcy. W ith
out the aid of the referee in bankruptcy, the District Court would be
burdened with a vast mass of administrative details in bankruptcy cas
es. Any discussion, however, of the nature and extent of the powers
and duties of the referee in bankruptcy, would necessarily involve a
somewhat detailed consideration of the subject of bankruptcy, which
cannot be here attempted.
MILITARY COURTS
13. Military courts are created under the military power of the
United States, and not under the judicial power, as defined
in the Constitution. These courts are, accordingly, not a
part of the federal judicial system.
The most important of these courts are courts-martial, courts of in
quiry, provisional courts, and military commissions. Since military
courts are not part of the federal judicial system, they are not included
under the system, heretofore discussed, and they do not come under
article 3, section 1, of the Constitution, providing for the courts in
which “the judicial power of the United States shall be vested,” for that
section “refers only to courts of the United States, which military courts
are not.” 65 Discussions of these courts, therefore, more properly belong
to works on military law.
THE CONSTITUTION AS A LIMITATION OF THE JU

DICIAL POWER OF THE UNITED STATES
14. The Constitution, while a grant, is at the same time a limita
tion, of the federal judicial power. No United States court,
therefore, can, under any circumstances, exercise any ju
risdiction that is without the limits set up by the Constitu
tion.
The Constitutional Provision
Article 3, section 2, paragraph 1, of the Constitution provides:
“The judicial power shall extend to all cases, in Law and Equity,
arising under this Constitution, the Laws of the United States, and
w Mechanics’ & T r a d e r s’ B ank v. U n ion B an k (1874) 22 W all. 276, 295, 22 L.
Ed* 871. See, a lso , T h e G rap eshot (18C9) 9 W all. 129, 19 L. Ed. 6 5 1 ; D a n ie l v.
Hutcheson (1893) 86 T ex . 61, 22 S. W . 937. F o r d iscu ssio n o f m i li t a r y cou rts,
0 1 5 ; Long, F ed era l C ourts, § 85.
22 T H E FEDERAL J U D I C I A L S Y S T E M (C h ' *
Treaties made, or ^ m^ ’| unT d-er -the‘r “ nd Consuls ; - t o

cases affecting Ambassadors, jurisdiction •—to Controversies to
all cases of admiralty and maritime Junsdictio , ; between
which the United States shaU be a P ^ ^ ^ n o t h e r State
two or more s ta te s b e tw e e n a State een citizens of the same
between Citizens of different States, Between a
State claiming lands under Grants of different S a , c uv,jects »*
State, or the Citizens thereof, and foreign States, Citizens or Subjects.
This Provision as a Limitation on the Federal Judicial Power
This provision of the Constitution fixes the utmost bounds of the
judicial power of the United States66 It sets the Ultima Thule, or
utmost isle, beyond which the most adventurous voyager in t e e era
judicial system cannot hope to travel. Unless a case falls wit in t e
nine enumerations of that deathless paragraph, any federal court is
powerless to handle it. ______________ __ ^
Thus, jno federal statute can give to any United States cojurt jurisdic
tion over cases not within the grant and limitation of the Constitution.
Such a statute would be unconstitutional and void. “T urn to the article
of the Constitution of the United States,” said Chief Justice Marshall,
trenchantly, “for the statute cannot extend the jurisdiction beyond the
limits of the Constitution.” 67
The second paragraph of article 3, section 2, of the Constitution
(which follows immediately the paragraph just discussed) gives the
Supreme Court original (as contrasted with appellate) jurisdiction “In
all cases affecting Ambassadors, other Public Ministers and Consuls,
and those in which a State shall be a Party.” But the same principle
applies here. Paragraph 2 is qualified by paragraph 1; so that the Su
preme Court has original jurisdiction solely of the cases mentioned in
paragraph 2 which also fall under the grant of paragraph 1. Thus,
if a case satisfies paragraph 2 (one in which a state is a party), but
does not satisfy paragraph 1, since it is not one of the cases to which
a state is a party mentioned in paragraph 1, then the Supreme Court has
no jurisdiction of the case.68
ee H o d g so n y. B ow erb an k (1809) 5 C ran ch 303 3 T, V'O m e

Federal Procedure, 6; Scott v. Saudtord (1^6) i 9 How 893 i s t! f a
Medina Cas. Federal Procedure, 8; In re Barry Note assoflTO TT « L ,o
S. Ct. 850, 34 L. E d . 5 0 0 ; P o o le y y. L u eo (1896 C C Cal 172 F UfVf • r\
G agliard o (1863) 22 C al. 85. } ‘ F - 0 6 1 50 r o s c o v.
67 H o d g so n v. B ow erb an k (1S09) 5 Cranoh ana a™ ot
Federal Procedure, 6. ’ ’ ’ ^ 8, Medina Cas.
68 Pennsylvania v. Quicksilver Min fn /ic™ m «
California v. Southern Pac. R. Co. (1895UM u s J a 19 L' 9i'S '
683, Medina Cas. Jb*ederal Procedure nnn- n ’ 39 U Ed
ciaim^.pgftiiâBaoCt. 568, 5 0 L. Ed 9 3 5 - v H ltc h c o c k dÔO) 202 1?
• xjunne v. New Jersey (1920) tt o .
§ 15) GRANT OF JUDICIAL POWER IS NOT SELF-EXECUTING 23
Q n ln t* ! ! r " y ^r0m .w ^ at bas already 1)0611 said that Congress

L r e .o n . ^ a^ u r*sdiction of the Supreme Court beyond
e inn s o at jurisdiction as fixed by the Constitution. Federal
tional^ m ptm g t0 do this have uniform ly been held unconstitu-
THE C O N S T IT U T IO N A L G R A N T O F JU D IC IA L P O W E R
IS N O T S E L F -E X E C U T IN G
15. W ith th e exception of the original jurisdiction of the Supreme

Court, the constitutional grant of judicial power is not
self-execu tin g. In all other cases, before a federal court
can exercise jurisdiction over a case, an act of Congress,
itself w ith in the constitutional grant, m ust have conferred
jurisdiction of such cases upon the federal court in ques
tion. T H E S P E C IF IC CO URT, NO T C L A S S O F C O U R T S ! E V E N TH E S P E C IF IC A D D R E S S A N D LO C A T IO N “ C O U R T ”
Congress is not com pelled to give, and in actual practice has not
given , jurisdiction to som e federal court of all cases that
com e w ith in the constitutional grant of the judicial power
of th e U n ited States.
Original Jurisdiction o f the Suprem e Court

The gran t of original jurisdiction to the Supreme Court by article 3,
section 2, p arag rap h 2, of the Constitution is self-executing. Since the
Constitution itself conferred the jurisdiction on the court, no federal
statute on th a t score was needed. W hen, th e re fo rM h e organization of
the court was perfected under an act of Congress, the Supreme Court
could proceed w ith the exercise of its original jurisdiction, without the
necessity of w aiting till its form s, process, and procedure had been
prescribed by federal statute.70 and emergency executive order.
40 S Ct 154 64 L Ed. 280. See, also, Cohens v. Virginia (1821) 6 Wheat, 264,
398-399, 5 L Ed. 257; Minnesota v. Hitchcock (1902) 185 U. S. 373, 383, 22 S.
M adion4(1821) 1 Crunch, 1ST, 2 D.' Ed. 60 Medina Car, Fed-
eral Procedure,' 604; Baltimore & O. R.
cinn nonu\ 9-m Tl S 216, 30 S. Ct. 86, 54 L. Ed. 164. bee, aiso, .rioriaa v.
OAnriifn 17 How 478, 505, 15 L. Ed. 181; California v. Southern Pac. R.
Georgia (1854) 17 • L Ed 6g3 Me(jina cas. Federal Pro-
Co. (1S95) 157 D. 8. 229, 15 8. 0 t » ^ ^ g ^ ^ g5 L Ed 24e
cedure, 606; Muskrat v. U .S ., ^ FlorWa „ oeorP:ia (1854) 17 How. 478,
!° ‘he language of ™ a ^ lsbolm Ge0rgia (1798) 2 Dali. 419, 1 Ed.
S i I r i j w v Virginia (1796) 3 Dali. 320,1 L. Ed. 619; Kentucky v. Denni-
son \ i ^ $ a2¥df ^ ^ .rW °16 Ed’ 717'
t h e fe d e r a l j u d ic ia l system
24
Constitutional Grant N ot ; :ust discussed), the grant

In all other cases ( 1 . e., with me ex p J celf-executing. “ In
of the judicial power by the Constitu ion ^ + + the C onstitu.
order to give jurisdiction to a federal c , fficient th a t th e j uris-
tion and the statute law must concur. _ m ust
diction may be found in the Constitution or the l a w . T hef tw o m ust
co-operate; the Constitution as the fountain an iurisdic-
as the streams from which and through which the w aters of ju n sd ic
tion flow
now to the
me court.”
cuui u 71 - 9 f .,
“The effect of these provisions (article 3, sections 1 and I , ol tne
Constitution) is not to vest jurisdiction in the inferior courts over t e
designated cases and controversies, but to delimit those in respec o
which Congress may confer jurisdiction upon such courts as it cieates.
Only the jurisdiction of the Supreme Court is derived directly from t i e
Constitution. Every other court created by the general governm ent
derives its jurisdiction wholly from the authority of Congress. * * *
The Constitution simply gives to the inferior courts the capacity to take
jurisdiction in the enumerated cases, but it requires an act of Congress
to confer it.” 72
Congress has Not Vested the Whole of the Judicial Power in the Feder
al Courts
It is not mandatory upon Congress to confer upon som e fed eral
court jurisdiction of every case included in the constitutional grant of
judicial power.73 As early as 1799, Mr. Justice Chase said: “ Congress
is not bound, and it would, perhaps, be inexpedient, to enlarge the ju ris
diction of the federal courts to every subject, in every form , which the
Constitution might warrant.” 74
JPhis is now familiar learning. U nder the original Judiciary A ct of
1/89 (1 Stat. 73), the assignee of certain choses in action was for-
D.^Côwaf2 ? i \ 33i d334^ U‘ S' V* Burlington & H- County Ferry Co. (1884,
2 3 3 -2 3 4 CC tH o heRoa R7 t* ™ ^ o o J* C° n S t C °* (1 9 2 2 ) 2 6 0 U * S - 2 2 6 -
Procedural Spp nisn t? E(1- 226- 24 A. L. R. 1077, Medina Cns.Federal
i'roceaure, l. See, also, Turner v. Bank of North Amprino nyooi a o i T
Ed. 718; Sheldon v. Sill (1850) 8 How 448 19 I ™ ’v J * 4 '
eral Procedure, 45; Stevenson v. Pain (1904) “l05 U S 185
Ed. 142; Kentucky v Powp™ nonru on it i / * 165, 25 S* C t 6- 49 L-
5 Ann. 6as. 092 <1008) 201 D' S- 2« 387, 50 L. Ed. 033,
volcedTcontrary oplnhDî^Mîn5^0,!!!!8. S to ry
but the proposition is now weU X ed " 1 97’
L. Ed. 1147, Medina Cas. Pedera? Procedure Z '■\ (1Sr,0) 8 How- 441- 12
9 Wall. 507, 19 L. Ed. 748; Kline v Purl i n Assessors v. Osborne (1809)
S. Ct. 79, 07 L. Ed. 220, 24 A. L K io 77 Mem° n 9 1922> 280 U' S' 22«. «
America (i799HDana K 10 ?T 'l. **
§ 1 ) federal courts are courts op l im it e d j u r is d ic t io n 21)
jurisdictional £a« s are not disclosed by the

t r M r j f .ott t L disposition of the case, however, when the time
for direct attack by appellate proceedings has passed, even though the
jurisdictional facts do not appear in the record, the validity of the judg
ment cannot on that ground be Collaterally attacked.81 Such judgments
in the federal courts are not nullities.
Said the U nited States Supreme C o u rt:82 “I t appearing that the
merits of this cause had been finally decided in this court, and that its
mandate required only the execution of its decree, it is the opinion of
this couit that the circuit court is bound to carry that decree into execu
tion, although the jurisdiction o f that court he not alleged in the plead
ings.”
Or, as M r. Justice W ashington put it: 93 “If the jurisdiction be not
alleged in the proceedings, their [the lower federal courts] judgments
and decrees are erroneous, and may, upon w rit of error, or appeal, be
reversed fo r th at cause. B ut they are not absolute nullities.”
Inferior Courts
As has already been stated, the first section of the third article of the
Constitution vests the federal judicial power “in one Supreme Court,
and in such inferior C ourts as the Congress may from time to time or
dain and establish,” The term “inferior” here simply means below the
Supreme C o u rt; it applies to all the federal courts created by Congress,
as opposed to the Suprem e Court, for which provision is made in the
Constitution itself.
“Inferio r,” however, when technically applied to a court, has another
meaning under the common law. The point discussed under the pre
ceding italicized title shows that, in this common-law sense, the federal
courts are not in ferior courts. This was decided early in our judicial
history. Thus, Chief Justice Ellsw orth said: “A [federal] Circuit
Court, though an inferior court, in the language of the Constitution, is
not so in the language of the common law \ nor are its proceedings sub
ject to the scrutiny of those narrow rules, which the caution, or jealousy,
of the courts at W estwdnster, long applied to courts of that denomina-
Skillern v. May (1810) 6 Crunch, 267, 3 L. Ed. 220; McCormick v. Sullivant

(1825) 10 Wheat. 192, 198, 6 L. Ed. 300 Medina Cas. Federal Procedure 13;
Evers v. £ M.'lMO
Cutler v. Huston (189o) 158 U. S. 423 ’{ ^ .327, 14 S.
s
See, also, Dowell v. Applegate ^ Co (1905) 198 v s 188> S. Ct
Riverdale Cotton Mills v. Ala bam • noioi 21s TT S 403 31 S Ct
629, 49 L. Ed. 1008; U. S. to Use of Hme v. Morse (1910) 218 U. S. 493, 31 S. Ct
37, 54 L. Ed. 1123, 21 Ann. Cas. 782. •
I2 Skillern v. M a y (18l0) 6 Crane , . ^ 0 L Ed Medina
83 McCormick v . . Sullivant (1820) ±u
Cas. Federal Procedure, 13.
C o p y C laim ed F ebruary 2020 -099
3Q THE F E D E R A L JU D IC IA L SY ST EM (C h . 1
tion.” 04 Or, in the language of Mr. Justice Washington,95 these courts

“are all of limited jurisdiction; but they are not, on that account, in
ferior courts, in the technical sense of those words, whose judgments,
taken alone, are to be disregarded.”
JURISDICTION OF T H E FE D E R A L COURTS L IM IT ED
TO JUDICIAL Q UESTIO NS AND PRO CEEDING S
17. The jurisdiction of the United States courts extends not to all
controversial proceedings within the Constitutional grant
of judicial power, but only to proceedings that are justici
able ; that is, to proceedings judicial in character, which are,
therefore, proper in their nature to be brought before, and
decided by, courts. This excludes political questions and
administrative proceedings, which belong only to, and can
be exercised only by, the legislative and executive branches
le government.
In General
This limitation on the jurisdiction of the courts of the United States
arises out of, as it is inherent in, the division of the powers of the feder
al government. The judiciary cannot encroach upon the functions of
the legislative and the executive branches; a federal court, since it is a
court, can exercise only judicial functions. Just what questions and
proceedings are, and what are not, justiciable in their nature, is a prob
lem often difficult of determination. Certainly it is a problem which
has given the Supreme Court no end of trouble; equally certain it is
that often, particularly on what constitutes a political question, the court
has been far from articulate.
Sometimes, under the limitation in question, the storm has centered
around the determination of what questions are essentially political;
sometimes the cases turn on the decision of what is, under the constitu
tional grant, a “case” or “controversy,” or what is, under the federal
statutes fixing the jurisdiction of the federal courts, a “suit.” Yet the
broad question, underlying varying phases of the problem, is essentially
ine same.
Turner v. Bank of North America (1799) 4 Dali 8 11 1 L Fd 71R

<1825) 10 W h Jt' 192' 1®9 <5 L Ea sSf'Medlna
omeit
in the opinion of Mr. Justice Day, in MJuskrat v U* s
tfbfrrT,treatiscs» co«tainod
250, 55 L. Ed. 246: “Neither the ^ ^ U< S’ MQ' 31 S- Ct.
s i . to the judicial any £ £ % £ ^ ™ ~
|1 7 ) ; JURISDICTION LIMITED TO JUDICIAL QUESTIONS 31
Political Q uestions , • ,;
To generalize on this subje'ct is indeed difficult, delicate, and danger
ous. It can p erh ap s be best treated in brief compass by a short enum er
ation of some o f the m ore im p o rtan t of the Suprem e C ourt cases
Thus the executive, not th e judicial, departm ent m ust pass on the
recognition,^ o r ponrecognition, o f diplom atic representatives of foreign
countries, ^ also on w hich foreig n governm ent has jurisdiction over
certain te r r ito r y , as well as 011 w hether a state of war, to which the
United States is a p a r t y ^ x i s t ^ ^ ^ a n d also on whether a treaty is still
in force.1 T hese questions are all purely political.
So, in L u th e r v. B o rd en ,2 a well-known case arising out of D o rr’s
Rebellion, tw o sep arate governm ents in R hode Island each claimed to be
the real g o v e rn m e n t T h is w as held political. So, too, in G eorgia v.
Stanton,3 w hen an in ju n ctio n was sought to prevent the enforcem ent of
the R econstruction A cts, 011 the ground th at these “would overthrow
and destroy th e co rp o rate existence” of the state of Georgia, and, again,
in Cherokee N atio n v. G eorgia,4 when the Cherokee N ation sought to
enjoin G eorgia fro m ex ercisin g legislative control over the Cherokees,
the Suprem e C o u rt declined to en tertain jurisdiction, p artly on the
ground th a t th e questions involved w ere political. In an im portant
modern case,5 the question w hether the provisions fo r the initiative and
referendum in th e C onstitution of the state of O regon made the state
burn’s Case (1792) 2 Dali. 409, 410, 1 L. Ed. 436. “If the question cannot be
brought into a court, then there is no case in law or equity and no jurisdiction
is given [to the federal courts] by the words of the article [article 3 of the U.
S. Constitution].” Marshall, C. J., in Cohens v. Virginia (1821) 6 Wheat. 264,
405, 5 L. Ed. 257. “Whenever the claim of a party under the Constitution, laws
or treaties of the United States takes such a form that the judicial power is
capable of acting upon it, then it has become a case. The term implies the ex
istence of present or possible adverse parties whose contentions a ie submitted
to the court for adjudication.” Mr. Justice Field (on circuit), in In re Pacific
Ry. Commission (1887, C. C. Cal.) 32 F. 241, 255.
w Ex parte Baiz (1890) 135 U. S. 403, 10 S. Ct. S54, 34 L». Ed. 222.
Foster v Neilson (1829) 2 Pet. 253, 7 L. Ed. 415.
99P r ^ Cases (1862) 2 Black, 635, 17 L. Ed. 459; ThePedro(1899) 175 U. S.
354, 20 S. Ct. 138, 44 L. Ed. 195.
iDoe ex dem. Clark v. Braden (1853) 16 How. 635, 14L. Ed. 1090.
2 (1849) 7 How. 1, 12 L. Ed. 581.
3(1867) 6 Wall. 50, 18 L. Ed. 721.
®Pacific**States' Telephone Telegraph Co. v. Oregon (1912) 223 TJ. S. US,
32 8 n ™ ™ 0.77 See also, the recent cases of Fairchild v. Hughes
M22) 258 U. S. 126, 42 S .C t.2 7 4 , 66 B. Ed. f n "
f ? 6 2 S 17C4 ]> 5 9 7 ' 6 7 E d - 1 0 7 8 (iU V O lV iU S l b e

Scleral Maternity Act [42 USCA §§ 102-1 m ).
Bouvier - executor
Bouvier's Law Revised 6 th Edition
EXECUTIVE, government. That power in the government which causes the laws to be executed and obeyed: it
is usually, confided to the hands o f the chief m agistrate; the president o f the United States is invested with this
authority under the national government; and the governor o f each state has the executive power in his hands.
2. The officer in whom is vested the executive power is also called the executive.
3. The Constitution o f the United States directs that "the executive power shall be vested in a president o f the
United States o f America." Art. 2, s. I . Vide Story, Const. B. 3, c. 36.
EXECUTOR, trusts. The word executor, taken in its largest sense, has several accep tations. 1. Executor dativus,
who is one called an adm inistrator to an intestate. 2. Executor testamentarius, or one appointed to the office by the
last will o f a testator, and this is what is usually meant by the term.
2. In the civil law, the person who is appointed to perform the duties o f an executor as to goods, iscalled haeres
testamentarius; the term executor, it is said, is a barbarism unknown to that law. 3 Atk. 304.
3. An executor, as the term is at present accepted, is the person to whom the execution o f a last will and
testam ent o f personal estate is , by the testator’s appointment, confided, and who has accepted o f the same. 2 Bl.
Com. 503; 2 P. Wms. 548; Toller, 30; 1 Will, on Ex. 112 Swinh. t. 4, s. 2, pi. 2.
4. Generally speaking, all persons who are capable o f making wills may be executors, and some others beside, as
infants and m arried women. 2 Bl. Corn. 503.
5. An executor is absolute or qualified; his appointment is absolute when he is constituted certainly,
immediately, and without restriction in regard to the testator’s effects, or limitation in point o f time. It may be
qualified by limitation as to the tim e or place wherein, or the subject matters whereon, the office is to be
exercised; or the creation o f the office may be conditional. It may be qualified. 1st. By limitations in point o f
time, for the tim e may be limited when the person appointed shall begin, or when he shall cease to be executor; as
if a man be appointed executor upon the marriage o f testator’s daughter. Swinb. p. 4, s. 17, pi. 4. 2. The
appointm ent may be limited to a place; as, if one be appointed executor o f all the testator’s goods in the state o f

Pennsylvania. 3. The power ol'the executor may be limited as to the subject m atter upon which if is to be
exercised; as, when a testator appoints. A the executor o f his goods and chattels in possession; B, o f his choses in
action. One may be appointed executor o f one thing, only, as o f a particular claim or debt due by bond, and the
like. Off. Ex. 29; 3 Phillim. 424. But although a testator may thus appoint separate executors o f distinct parts of
his property, and may divide their authority, yet quoad the creditors o f the testator they are all executors, and act
as one executor, and may be sued as one executor. Cro. Car. 293. 4. The appointm ent may be conditional, and the
condition may be either precedent or subsequent. Godolph. Orph. Leg. pt. 2, c. 2, s. 1; Off. Ex. 23. 6. An executor
derives his interest in the estate o f the deceased entirely from the will, and it vests in him from the moment o f the
testator’s death. 1 Will. Ex. 159; Com. Dig. Administration, B 10; 5 B. & A. 745; 2 W. Bl. Rep. 692. He acquires
an ^ sb .lu te !l^ ta ltitle to the personalty by appointment, but nothing in the lands o f the testator, except by devise.
He can touch nothing which was not personal at the testator’s decease, except by express direction. 9 Serg. &
Rawle, 431; Gord. Law Dec. 93. Still his interest in the goods o f the deceased is not that absolute, proper and
ordinary interest, which every one has in his own proper goods. He is a mere trustee to apply the goods for such
purposes as are sanctioned by law. 4 T. R. 645; 9 Co. 88; 2 Inst. 236; Off. Ex. 192. He represents the testator, and
therefore may sue and recover all the claims he had at the time o f his death and may be sued for all debts due by
him. 1 Will. Ex. 508, et seq. By the common law, however, such debts as were not due by some writing could not
be recovered against the executors o f a deceased debtor. The remedy was only in conscience or by a quo minus in
the exchequer. Afterwards an action on the case in banco regis was given. Crom t. Jurisdic. 66, b; Plowd. Com.
183: 11 H. VII. 26.
7. The following are the principal duties o f an executor: 1. W ithin a convenient time after the testator’s death, to
collect the goods o f the deceased, provided he can do so peaceably; when he is resisted, he m ust apply to the law
for redress.
8. - 2. To bury the deceased in a m anner suitable to the estate he leaves behind him; and when there is just
reason to believe he died insolvent, he is not warranted in expending more in funeral expenses (q. v.) than is
absolutely necessary. 2 Will. Ex. 636; 1 Salk. 296; 11 Serg. & Rawle, 204 14 Serg. & Rawle, 64.
9 . - 3 . The executor should prove the will in the proper office.
10. - 4. He should make an inventory (q. v.) o f the goods o f the intestate, which should be filed in the office.
1 1 .- 5 . He should ascertain the debts and credits o f the estate, and endeavor to collect all claim s with as little
delay as possible, consistently with the interest o f the estate.
1 2 .- 6 . He should advertise for debts and credits: see forms o f advertisements, 1 Chit. Pr. 521.
13. - 7. He should reduce the whole o f the goods, not specifically bequeathed into money, with all due
expedition.
14.-8. Keep the money o f the estate safely, but not mixed with his own, or he may be charged interest on it.
15.-9. Be at all times ready to account, and actually tile an account within a year.
16. - 10. Pay the debts and legacies in the order required by law.
17. Co-executors, however numerous, are considered, in law, as an individual person, and; consequently, the acts
of any one o f them , in respect o f the adm inistration o f the assets, are deemed, generally, the acts o f all. Bac. Ab.
Executor, D; Touch. 484; for they have all a joint and entire authority over the whole property Off. Ex. 213; 1
Rolle’s Ab. 924; Com. Dig. Adm inistration, B 12. On the death o f one or more o f several joint executors, their
rights and powers survive to the survivors.
18. When there are several executors and all die, the power is in common transferred to the executor o f the last
surviving executor, so that he is executor o f the first testator; and the law is the same when a sole executor dies
leaving an executor, the rights are vested in the latter. This rule has been changed, in Pennsylvania, and, perhaps,
some other states, by legislative provision; there, in such case, administration cum testamento annexo must be
obtained, the right does not survive to the executor o f the executor. Act o f Pennsylvania, o f March 15 1832. s. 19.
In general, executors are not responsible for each other, and they have a right to settle separate accounts. See
Joint, Executors.
19. Executors may be classed into general and special; instituted and substituted; rightful and executor de son
tort; and executor to the tenor.
20. A general executor is one who is appointed to adm inister the whole estate, without any limit o f time or place,
or o f the subject-m atter.
21. A special executor is one. who is appointed or constituted to administer either a part o f the estate, or the
lopy Claimed February 2020 -103-

whole for a limited time, or only in a particular place.
22. An instituted executor is one who is appointed by the testator without any condition, and who has the first
right o f acting when there are substituted executors. An example will show the difference between an instituted
and substituted executor: suppose a man makes his son his executor, but if he will not act, he appoints his brother,
and if neither will act, his cousin; here the son is the instituted executor, in the first degree, the brother is said to
be substituted in the second degree, and the cousin in the third degree, and so on. See Heir, instituted, and Swinb.
pt. 4, s. 19, pi. 1.
23. A substituted executor is a person appointed executor, if another person who has been appointed refuses to
act.
24. A rightful executor is one lawfully appointed by the testator, by his will. Deriving his authority from the will,
he may do m ost acts, before he obtains letters testam entary, but he must be possessed o f them before, he can
declare in action brought by him, as such. 1 P. Wms. 768; Will, on Ex. 173.
25.|An executor de son tort, or o f his own wrong, is one, who, without lawful authority, undertakes to act. as
executor o f a person deceased. To make fin executor de son tort, the act o f the party m ust be, 1. Unlawful. 2. By
asserting ownership, as taking goods or cancelling a bond, and not com m itting a mere, trespass. Dyer, 105, 166;
Cro. Eliz. 114. 3. An act done before probate o f will, or granting letters o f adm inistralion|l Salk. 313. One may
be executor de son tort when acting under a forged will, which has been set aside. 3 T. R. 125 . An executor de
son tort. The law on this head seems to have been borrowed from the civil law doctrine o f pro hoerede gestio. See
Heinnec. Antiq. Syntagma, lib. 2, tit., 17, _16, p. 468. He is, in general, held responsible for all his acts, when he
does anything which might prejudice the estate, and receives no, advantage whatever in consequence o f his
assuming the o ffice|H e cannot sue a debtor o f the estate, but may be sued generally as executor. See a good
reading on the liabilities o f executors de son tort, in: Godolph. Orph. Legacy, 91, 93, and 10 Wentw. PI. 378, for
forms o f declaring; also, 5 Co. Rep. 50 31 a; Yelv. 137; I Brownlow, 103; Salk. 28; Ham. Parties, 273; Imp. Mod.
PI. 94. As to what acts will make a person liable as executor de son tort, see Godolph. O ubi sup.; Gord. Law o f
Dec. 87, 89; Off. Ex. 181; Bac. Ab. Executor, &c., B 3; 11 Vin. Ab. 215; I Dane’s Ab. 561; Bull. N. P. 48; Com.
Dig. Adm inistration C 3 Ham. on Part. 146 to 156; 8 John. R. 426; 7 John. R. 161; 4 Mass. 654; 3 Penna. R. 129;
15 Serg. & Rawle, 39.
26. - 2. The ussurpation o f an office or character cannot confer the rights and privileges o f it, although it may
charge the usurper with the duties and obligations annexed to it. On this principle an executor de son tort is an
executor only for the purpose o f being sued, not for the purpose, o f suing. In point o f form, he is sued as if he were
a rightful executor. He is not denom inated in the declaration executor (de son tort) o f his own wrong. It would be
improper to allege that the deceased person with whose estate he has intermeddled died intestate. N or can he be
made a co -defendant with a rightful executor. Ham. Part. 146, 272, 273; Lawes on Plead. 190, note; Com. Dig.
Abatement, F 10. I f he take out letters o f adm inistration, he is still liable to be sued as executor, and in general, it You can be
both.
is better to sue him as executor than as administrator. Godolph. 0. Leg. 93, 94, 9 5 , 2, 3.
27. An executor to the tenor. This phrase is ased in the ecclesiastical law, to denote £ person who is not directly
appointed by the will an executor, but who is charged with the duties which appertain to one; as, "1 appoint A B to
discharge all lawful demands against m y will." 3 Phill. 116; 1 Eccl. Rep. 374; Swinb. 247 Wentw. Ex. part 4, s. 41
p. 230. Vide, generally, Bouv. Inst. Index, h. t.; 11 Vin. Ab. h. t.; Bac. Ab. h. t.; Rolle, Ab. h. t.; N elson’s Ab. h.
t.; Dane’s Ab. Index, h. I.; Com. Dig. Administration; 1 Supp. to Ves. jr. 8, 90, 356, 438; 2 Id. 69; 1 Vern. 302-3;
Yelv. 84 a; 1 Salk. 318; 18 Engl. C. L. Rep. 185; 10 East, 295; 2 Phil. Ev. 289; 1 Rop. Leg.’ 114; American
Digests, h. t.; Swinburne, W illiams, Lovelass, and R oberts’ several treatises on the law o f Executors; Off. Ex. per
totum; Chit. Pr. Index; h. t. For the various pleas that may be pleaded by executors, see 7 Wentw. Plead. 596, 602;
10 Id. 378; Cowp. 292. For the origin and progress o f the law in relation to executors, the reader is referred to 5
Toull. n. 576, note; Glossaire du Droit Francais, par Delauriere, verbo Executeurs Testamentaires, and the same
author on art. 297, o f the Custom o f Paris; Poth. Des Donations Testamen taires.
EXECUTORY. W hatever m ay be executed; as an executory sentence or judgm ent, an executory contract.
EXECUTORY DEVISE, estates. An executory devise is a limitation by will o f a future contingent interest in
lands, contrary to the rules o f limitation o f contingent estate is in conveyances at law. W hen the limitation by will
does not depart from those rules prescribed for the government o f contingent remainders, it is, in that case, a
contingent rem ainder, and not an executory devise. 4 Kent, Com. 257; 1 Eden’s R. 27; 8 T. R. 763.
2. An executory devise differs from a contingent remainder, in three material points. 1. It needs no particular
C o p y C laim ed Feb ru a ry 2020 -104-

Notice
Declaration of Mode of Proceeding
f o &II Wfyam p p ®l ) Ege ^ r e g e n t s ! Co t n c , ( g r e e t i n g s :
T his is a c tu a l a n d c o n s tr u c tiv e n o tic e t h a t it is h e r e b y d e c la re d (" D e c la ra tio n " ) b y th ir d p a r ty
intervenor Doe,JohnHenry,a p r iv a te c iv ilia n c itiz e n o f th e U n ite d S ta te s, n o n -m ilita ry , a b ir th r ig h t n a tiv e

Ohioan n a tio n a l e g r e s s e d th e r e f r o m a n d i n g r e s s e d 1 w ith in th e re p u b lic S ta te o f Io w a c h o ic e o f d o m ic ile o u ts id e
o fT errito ria l ju r is d ic tio n a n d w ith o u t th e D is tric t o f C o lu m b ia 2, a n o n - d is tr ic t c itiz e n a n d n o n - te r r ito r ia l
citizen, civ ilian n a tio n a l o f Io w a (" P riv a te C ivilian") w h o ’s m a ilin g lo c a tio n is c / o P.O. Box 1 2 3 , M ap le, IA 6 6 5 5 4 ,
T h a t th is m o d e o f p r o c e e d in g in th e n a tu r e o f its d u e p ro c e s s , a tta c h m e n t, a n d a c q u is itio n o f a n d
subjection to , g e n e ra l p u b lic m o d e o f ju r is d ic tio n , d e le g a te d a u th o r ity fro m C o n g re ss, w ith o u t e x p r e s s c o n s e n t
in this p ro c e e d in g o r a n y m e s n e p r o c e e d in g in v o lv in g th e P riv a te C ivilian Doe,JohnHenrya n d h is p r o p e r ty

shall b e o f a p u r e ly c iv ilia n — p u r e ly ju d ic ia lly p o w e r e d — n a tu r e , u n c o n n e c te d to th e U.S. C o n g re ss, in
accordance th e so u l, i n t e n t a n d s p ir it o f o rig in a l a n d e x c lu s iv e o rg a n ic s ta te a n d fe d e ra l c o n s titu tio n a l
jurisd ictio n w ith in th e m e a n in g o f A rtic le III o f th e c o n s titu tio n 3 o f th e U n ite d S ta te s a n d r e p u b lic o f Iow a, a n d
said p ro c e e d in g sh a ll b e c lo th e d w ith ju d ic ia l p o w e r s e c u r e d a n d p r o te c te d b y A rtic le 3, Sect. 2, s u b d . 1 o f sa id
c o n stitu tio n .
P riv a te C ivilian, in k e e p in g w ith g o o d r e a s o n a n d g o o d c o n s c ie n c e , d o e s d e c la r e a n y "le g a l” p r o c e e d in g
m ust b e w ith o u t th e m o d e s a n d u s a g e s of, a n d to th e e x p r e s s e x c lu sio n of, m ilita ry , c o m m e rc ia l, m u n ic ip a l,
te rrito ria l, D istric t o f C o lu m b ia o r fo re ig n m o d e s o f p r o c e e d in g in th e e x e c u tio n o f f u n d a m e n ta l d u e p r o c e s s
and ju d ic ial p o w e r a n d a c q u ir in g ju r is d ic tio n o v e r P riv a te C ivilian a n d / o r h is p r o p e r ty .
All m o d e s o f p r o c e e d in g s a n d m o d e s o f a c q u ir in g ju r is d ic tio n o v e r o r a g a in s t o r a p p lie d to P riv a te
Civilian o r h is p r o p e r ty w h ic h a r e in n a tu r e o r c h a r a c te r m ilita ry , c o m m e rc ia l, m u n ic ip a l, te r r ito r ia l w ith in th e
1 United States v. W heeler, 2 54 U.S. 281 (1920)
2 National Mut. Ins. Co. v. T id ew ater T ran sfer Co., Inc., 337 U.S. 582 (1949).
3 Located u n d e r au th o rity of th e su p re m e co u rt of th e United States office of clerk said co n stitu tio n located in General
Records of the United States G overnm ent N ational A rchives U nder C ustodial Control and Care of th e N ational Archives,
found at 360.3.6 Founding docum ents. 11.2 THE CONSTITUTION AND AMENDMENTS. 1787-1992. The N ational A rchives
and Records A dm inistration, 8601 A delphi Road, College Park, MD 20740-6001, h erein included by reference.
Copy C laim ed February 2020

m e a n in g o f p o w e r s a r is in g fro m A rtic le I o r IV o f th e c o n s titu tio n , o r fo re ig n m o d e s w ith o u t th e c iv ilia n ju d ic ia l
p o w e r o f A rtic le III o f th e c o n s titu tio n fo r th e U n ite d S ta te s a r e d e c la re d to b e u n c o n s titu tio n a l, t h a t a r is e s void,
h a rm fu l, d a m a g in g , a n d p o te n tia lly t r e a s o n o u s m o d e s o f p r o c e s s a n d p r o c e d u re .
F o r th e p u r p o s e s o f u n a lie n a b le c o n s titu tio n a l b ir th r ig h ts , a n d b a la n c in g th e e q u itie s b e tw e e n th e
p a r tie s in th e p u r s u i t a n d a d m in is tr a tio n o f c o m p le te ju s tic e , a s w e ll a s in o r d e r to a d e q u a te ly c o v e r th e
u n lim ite d lia b ility o f t h r e a t, h a r m , t r e s p a s s , d a m a g e , d e s tr u c tio n o f P riv a te C ivilian fu n d a m e n ta l civ ilian d u e
p ro c e s s p r o te c tio n s s e c u r e d b y S e c tio n 1 o f F o u r te e n th A m e n d m e n t, a n d p r iv a te c iv ilian ju d ic ia l p o w e r w ith in
th e m e a n in g o f A rtic le III o f h is c o n s titu tio n o f th e U n ite d S ta te s, P riv a te C ivilian d o e s n o w d e c la re a c o lla te ra l
a tta c h m e n t, a c tu a lly a n d c o n s tr u c tiv e ly , to th e p la in tif f n a m e d "ABC ENTITY” a n d its a s s ig n o r ( s ) (" C re d ito r”),
as w ell a s a c o lla te ra l a t t a c h m e n t to th e D o c k e t n u m b e r # 1 1 1 1 1 1 2 2 o f th is p ro c e e d in g a s " c o lla te ra l” s e c u rity
in th e fo rm o f u n liq u id a te d in te r e s t, t r u s t re s , flo w in g to Doe,JohnHenry,P riv a te C ivilian, a s e q u ita b le lien

h o ld e r, m o rtg a g e e a n d cestuiquetrustall C r e d ito r 's p r o p e r ty in c lu d in g b u t n o t lim ite d to: its c h a r te r , s u re tie s ,
a n d p r o p e r ty d u r in g th e life o f th e p r o c e e d in g s u n til w h ic h tim e its e x tin g u is h m e n t o r e x p u n g e m e n t fro m
p u b lic r e c o r d (sa id c o lla te ra l is "res"a s s ig n e d a c c o u n tin g title R R 1 1 1 2 2 2 3 3 3 U S -1 4 ). T h e n a tu r e o f th e a b o v e
c o lla te ra l s e c u r ity a t t a c h m e n t is s u b je c t to im p o u n d m e n t w ith th e r e c e iv e r o f th e c o u r t a n d is h e re b y
e x p r e s s e d in th e n a tu r e o f a n e q u ita b le m o rtg a g e , P riv a te C ivilian a s m o rtg a g e e , a n d C re d ito r as p rin c ip a l
d e b to r, a n d tr e a t e d a s s u c h to b e f o re c lo s e d u p o n in th e e v e n t o f a n y lo ss o f p r o p e r ty o r r ig h ts s e c u r e d a n d
p r o te c te d to th e p e r s o n s a g a in s t w h o m all p a r tie s w h o s e m o d e s o f p r o c e e d in g a g a in s t P riv a te C ivilian a r e void
b y o p e r a tio n o f a c tu a l a n d c o n s tr u c tiv e n o tic e o f th is D e c la ra tio n .
W h e r e a s E x h ib it A a tta c h e d h e r e w ith id e n tifie s th e t r u e d e b to r , a n d th e s ig n a tu r e o f th e P riv a te
C ivilian m a k in g h im th e s u r e ty , s e c o n d a r ily lia b le , in C r e d ito r s ’ cla im , in th e e v e n t o f a n y lia b ility w h a ts o e v e r in
a n y q u a n tu m o r s p e c ie t h a t a r is e s fro m C r e d ito r s ' p ro c e e d in g a n d is im p u te d to sa id P riv a te C ivilian, C re d ito r
sh all b e r e q u ir e d to s u e o u t fo r p a y m e n t a n d c o lle c tio n th e d e b t o r c h a rg e a g a in s t th e d e b to r o f r e c o r d o f th e
S ta te o f XXXX, a n e x h ib it p r o v id e d h e r e w ith (E x h ib it A "DEBTOR” is e ith e r D riv e r's L icen se, SS C ard, o r BC); if
by th ir ty - d a y s (3 0 ) fro m j u d g e m e n t n o p r o c e e d in g a g a in s t sa id DEBTOR is in itia te d b y C re d ito r s ’ fo r th e
c o lle c tio n a n d p a y m e n t o f fu n d s th e n P r iv a te C ivilian, a s a n o n -te c h n ic a l s u r e ty to DEBTOR, sh a ll b e c o m p le te ly
e x o n e ra te d , h is r e c o r d c le a r e d — e x p u n g e d a n d e x tin g u is h e d .
If sa id DEBTO R is in s o lv e n t fo r a n y r e a s o n u p o n th e e n f o r c e m e n t o f s a id ju d g e m e n t, th e n P riv a te
C ivilian, a s s u b r o g e e ( " S u b r o g r e e ”), p r io r to p a y m e n t, sh a ll r e q u ir e a g u a r a n te e o f h is r ig h t o f s u b r o g a tio n in
w ritin g fro m th e ju d g e m e n t- c r e d it o r (" S u b r o g o r ”), in w ritin g , to b e a b s o lu te ly s e c u r e in h is r ig h t to b e
s u b r o g a te d to th e ju d g e m e n t c r e d ito r , s u b r o g o r , th e d e b t o r c h a rg e o r lia b ility a r is in g fro m sa id ju d g e m e n t o r
p ro c e e d in g . All s a id W r itte n G u a r a n te e s a r e th e n d e c la re d to b e rig h ts a s s ig n a b le to S u b ro g o r fo r s e ttle m e n t
a n d c lo s u re o f all ru lin g s , ju d g e m e n ts a g a in s t s a id S u b ro g re e .

NOW, THEREFORE, I, Doe,JohnHenry,P riv a te C ivilian o f th e U n ite d S ta te s, b y v ir tu e o f th e in h e r e n t
authority v e s te d in m e b y m y C re a to r a n d w h ic h u n - e n u m e r a te d rig h ts a r e s e c u r e d a n d p r o te c te d b y th e
Constitution a n d th e la w s o f th e U n ite d S ta te s, d o h e r e b y d e c la re J a n u a ry 20, 2 0 1 7 , to b e s e c u r e d a n d p r o te c te d
by my p riv a te civ ilian m o d e o f p r o c e e d in g a g a in s t all o th e r m o d e s .
IN W ITNESS W H EREO F, I h a v e h e r e u n t o s e t m y h a n d th is tw e n tie th d a y o f J a n u a ry , in th e y e a r o f o u r
Lord tw o th o u s a n d s e v e n te e n , a n d o f th e I n d e p e n d e n c e o f th e U n ite d S ta te s o f A m e ric a th e tw o h u n d r e d a n d
forty-first.
Private w i t n e s s _________________________ , d a te
Private w i t n e s s _________________________ , d a te Doe,JohnHenry. P r iv a te C ivilian.

D e c la ra n t.

Paradigm Shift
LET MAP
Public S ide-Legal - STATUS Q U O
Private Side - E quitable - P E R FE C T C LA IM - C ontrol The Book Entry!
eneficiary 1
Trust Transfer
G rant Deed
eneficiary 2
persona eneficiary 3
Every Single Title!
Donee Debt to You Y our’re O bligor To Them
WRONG!!!!!!!!
A CC OU NT PAYABLE ACCOUNTS RECEIVABLE
Book Entry General Deposit
Special Deposit Public Legal Title
Tracer RR# Abandoned.
Receipt No Instructions.
W et Signature Legal Debt Collection.
Financial Instrum ent Public.
Appointer (Power) DEBT
Securities UCC 8 & 9 Bank is Beneficiary
Fiduciary Instructions Obligor
Trust Express Implied Trustee
W8-BEN Surety
Redemption Defendant
Rent, Interest, Profits ALL CAP NAME
The Fund. MISNOM ER
G rantor is Beneficiary
Obligee
First Funds Transferor
PRIVATE SIDE S A M P L E _ , , ■■ ■
G rantor s Living Estate
JOHN H ENRY DOE PRIVATE ESTATE L IV IN G TRUST

L iv in g E s ta te T r u s t
RR111222333US1
A n Irrev o c ab le P riv a te E sta te Living T ru s t c re a te d a n d e s ta b lish e d w ith in th e

ju risd ic tio n u p o n m a x im s of eq u ity a n d th e L an d &? Soil of N o rth A m erica, M aple co u n ty
of th e U nion s ta te of Iow a ( e st . A.D. 1 8 5 6 ) of th e u n io n s ta te s of A m eric a of N o rth
A m eric a (est. A.D 1 7 9 1 ) a n d c o n tin e n ta l U nited S ta te s u p o n a n o n -m ilita ry o ccupied
p riv a te a re a , “n o n -d o m estic”, w ith o u t th e m u n ic ip a l m ilita ry “U nited S ta te s ”, a n d
f u r th e r acknow ledged a n d p ro te c te d b y in te rn a tio n a l law A rticle 2 3 of th e T re a ty
C onvention of th e H ague of 1 9 0 7 am e n d e d R atified b y th e P re s id e n t of th e U n ited S ta te s
F e b ru a ry 2 3 ,1 9 0 9 .
Filed in th e Office of C lerk of M aple C o u n ty P ro b a te C ourt, M aple tow n, Iowa.
G ra n to r/S e ttlo r/T e s ta to r a n d p r im a ry E x ec u tiv e T ru s te e J o h n h e n r y doe8
P ost Office: tem p o ra ry p riv a te m a ilin g location c/o general-post receptacle # One tw o
th ree four, n e a r m aple town, natio n iowa.
R e g iste red A gent: Office of J o h n h e n r y doe P riv a te E sta te L iving T ru st, m a in stre e t- one
tw o th re e , u n it o n e-tw o-zero-th ree-fiv e-th ree, m a p le tow n, iow a
E x ec u ted on th e F o u rte e n th d a y of th e S e v e n th m o n th of th e y e a r of o u r L ord Two

T h o u san d a n d E ig h teen A n no D om ini
TRUST ID# RR111222333US (R ev. 1 - 7/14/2018)
A living equitable a rra n g e m e n t a risin g fro m th e M ax im s &? P rin c ip le s of E q u ity

J u r is p ru d e n c e w ith in th e m e a n in g of T he U nited S ta te s of A m erica, A.D. 1 7 7 6 u n d e r its
c o n s titu tio n ’s A rticle III, se c tio n 2, cla u se I s.
•Settlor’s Intent Public Record County Recorder, Maple C ounty,S tate o flo w a , D oc N o. A 04502129, A04502130, A04502131, Recorded
F ourth Day o f the Fourth m onth T w o Thousand Fourteen Anno Domini, herein included and m ade apart hereo f by reference.
2Maple County D istrict C ourt File N um ber 62-cv-l 7-6547 Special T erm “O rd er G ranting N am e Change And O th e r R elief’ signed by
Judge Shawn M. Bartsh on A ugust 30, 2017; and, “ D ecree o f A doption” May 28, 1976 o f M apletown County C ourt o f Iowa, herein
included and m ade apart hereof by reference.
^Textual records: Constitution o f Independence Flail, Philadelphia, Pennsylvania o f March 4, 1789, T he D eclaration o f Independence,
July 4, 1776, "fairly engrossed on parchm ent," as directed by the Continental Congress, July 19, 1776. Copies o f the Articles o f
Confederation, July 9, 1778; proceedings o f the A nnapolis C onvention, Sept. 11- 14, 1786; and the Articles o f A ssociation, O ct. 20,
1794. Located under authority o f the supreme court o f the U nited States office o f clerk said constitution located in G eneral Records
o f the United States G overnm ent N ational Archives U nder Custodial C ontrol and Care o f the N ational A rchives, found at 360.3.6
Founding docum ents. 11.2 T H E C O N S T IT U T IO N A N D A M E N D M E N T S . 1787-1992. T h e N ational A rchives and Records
A dministration, 8601 Adclphi Road, College Park, M D 20740-6001, herein included and made apart h ereo f by reference.

Table of Contents
1. T itle P a g e ............................................................................................................................................................................................ 1
2. T able o f C o n te n ts ............................................................................................................................................................................. 2
3. J o h n h e n r y doe P riv a te E sta te L iving T ru s t
a. P u r p o s e ...............................................................................................................................................................................3
b. S ta te m e n t of I n t e n t ........................................................................................................................................................ 3
o. N um eric id e n tific a tio n title s of T r u s t .......................................................................................................................4
4. S e ttlo r’s O riginal S pecial D eposit of U nited S ta te s D o llars.................................................................................................5
5. Office of T ru s te e ................................................................................................................................................................................6
6. A d m in is tr a tio n .................................................................................................................................................................................7
7. Life of T ru s t. v . . . . Y . v . n v .................................. ........................................................... lv.w. ............................................................ 7
8. co rp u s [ a d d l i n c p r p Q r g a l ri^n .tS ...in S tru iT O .e.O te. Q f c r .e g .i t..] ............................................................7
9. T ru s te e C ivilian Due P ro c e s s ....................................................................................................................................................... 7
10. T ru s te e ’s L ia b ility ........................................................................................................................................................................... 8
11. A s se s sm e n t for T r a n s a c tio n s ......................................................................................................................................................8
12. F u n d M a n a g e m e n t.......................................................................................................................................................................... 8
13. R e c e iv e r..................................................................................................................................................................... 9
14. T h ird P a r ty C ouncil.........................................................................................................................................................................9
15. R e im b u rs e m e n t................................................................................................................................................................................9
16. T e s ta m e n ta ry C la u s e ......................................................................................................................................................................9
17. S e ttle m e n t of Wife’s E s ta te U pon H u sb a n d ..............................................................................................................................9
18. F o rm a tio n of T r u s t ........................................................................................................................................................................10
19. L iv e ry of C reatio n of J o h n h e n r y doe P riv a te E sta te L iving T r u s t ............................................................................... 11
20. T ru s te e ’s A cknow ledgm ent a n d A cce p ta n c e ........................................................................................................................ 12
21. N otice of T ra n s fe r of I n te re s t fro m R R 1 1 1 2 2 2 3 3 3 -2 9 T r u s t ......................................................................................... 12
22. T ru s t A n n e x e s ................................................................................................................................................................................13
Notice of Creation of Equitable Estate

On sixteenth of May nineteen hundred, sixty eight of the year of his Lord and Savior, his day of
nativity, in the first m om ent of his/her first breath, newborn Baby Boy, C hristian nam e John, common
nam e (no middle nam e) Henry, of the natural b irth father family of Johnson, hereinafter “G rantee”,
his natural body, flesh and blood, living breathing, existing, sentient, physical m erger of hereditary
biology of his/her n atu ral parents and their legacies, soul, mind and spirit, a private American national,
Native Ohioan, now Iowan of the United States privately residing and privately domiciling without the
“United States” m ilitary are a w ithin a non-military occupied private E state Trust.
Our Lord and Savior, the great “I A M ” (Exodus 3:14),

“Creator”
The n atural biological genealogical, bloodline, Implied grantors as progenitors,

parentage, progenitors, nativity m other and father of testators, testatrix, ancestors,
J o h n H e n r y o f th e n a tu r a l fa th e r Jo h n s o n ,
parentage, and legacy,
In substance creators, grantors,
Jo h n s o n , J o h n K e n n e th , private American National, testato rs/testatrix , and donors,
At county of Ashtabula, nation Ohio;
in holy wedlock with Hereinafter jointly “G rantors”
L a r m a n , L is a B e v e rly , private American National,
At county of Licking, nation Ohio.
• Maxim: no one is heir to the living.

• Haeres est eadem persona cum antecessore: The h eir and his ancestor are one and the same
person. That is. one in right, th e heir succeeding to the rights of his ancestor, just as the king
never dies. [Gibson §64(17), Suits in Chancery 1907]
• Heir: one born in lawful m atrimony, who succeeds by descent, and right of blood, to lands,
tenem ents or hereditam ents, being an estate of inheritance.
• Haeres e x asse suus, an heir to th e whole estate; a sole heir. It is an established rule of law.
which God alone can m ake an heir.
• Haeredem Deus facit, non homo. God and not man, m ake th e h eir.
• Haeredem est nom en collectivum. Heir is a collective name.
• Haeris est nom en juris, filius est nom en naturae. Heir is a term of law, son one of n atu re.
• H aeres est a utjureproprietatis a u tju re representationis. An h eir is either by right of
property or right of representation.
• H aeres est alter ispe, e t filius est pars patris. An heir is another self, and a son is a p a rt of t he
father.
• H aeres est eadem persona cum antecessore. The heir is th e same person w ith the ancestor.
• H aeres haeredis m ei est m eu s haeres. The heir of m v heir is m y heir.
• Haeres legitim us est quern nuptiae demonstrant. He is the lawful h eir whom the m arriage
dem onstrates.
• In restitutionem , non in paenam haeres succedit. The heir succeeds to the restitution not the
penalty.

iftotirr of $ a m ita g e anb 3 nIjri itn n rr of 3RiaIjt
1. I, the undersigned d e c la ra n t,____________________________ , am naturally delivered on my

day of nativity [separated from My Mother] an American Freem an and sovereign private civilian
citizen of the United States/A m erica national [by B irthright] on Sixteen May N ineteen Hundred
Sixty-Eight y ear of My Lord and Savior, My domicile of origin grounded upon th e soil on/at/near
Beaver county, republican unincorporated union m ember State of Ohio. My lawful adm ittance to
said USA is hereby tendered in full ab initio in Annex Nine, i am, and all My bloodline ancestors
are, of the Anglo-European lineage, i am a product of a Holy wedlock between Christian m other
and father each of whom are heirs and beneficiaries by parentage, bloodline, and Birthright passed
to them from the sovereign American People protected by said Constitution a t Independence Hall,
Philadelphia, Pennsylvania of M arch 4, 1789; thereby, endowing Me as an h eir—h a eres- and
beneficiary of th a t constitution by parentage and Birthright, as witnessed herein below. My bride
consummated Twenty-Four April A.D. 1999 in holy m atrimony, Doe, M ary Ja n e and My offspring
sons and daughters also enjoy the same status plane as Mine, as i state herein to have and to hold
to him and to h er and their heirs forever.
2. My natural bloodline father and m other a t nativity are Johnson, Jo h n Kenneth, a freemen and
sovereign [by Birthright] born October 7, A.D. 1944, product of holy wedlock grounded upon the
soil of Ashtabula county of the unincorporated union member state of Ohio and Larman, Lisa
Beverly, and thereafter on or about circa A.D. 1973 My legal and loving parents become Doe,
George Benjamin and Doe, Lisa Beverly (Larm an) by court decree of a loving paternal adoption and
parenthood, and the initial Hospital Registration signed and fingerprinted by Johnson, Lisa
Beverly as “Johnson, Baby Boy” th a t manifestly derived—with implicit privity—a Certificate of Live
Birth “Jo h n H enry Johnson” Said Ohio Persons is placed Sealed by Beaver County Probate court
order in Beaver county, Ohio.
3. The father of My m other Lisa Beverly Larm an is Dwight Carl Larm an a freem an and sovereign
private civilian citizen of the United States/American national born A.D. 1922 of holy wedlock
grounded upon the soil of Licking county, unincorporated union member state of Ohio.
4. The father of Dwight Carl Larm an is Jam es Albert Larm an a freem an and sovereign private
civilian citizen of the United States/A m erican national born A.D. 1890 of holy wedlock grounded
upon the soil of Licking county, unincorporated union member state of Ohio.
5. The father of Jam es Albert Larm an is David Larm an a freem an and sovereign private civilian
citizen of the United States/A m erican national born A.D. 1846 of holy wedlock grounded upon the
soil of Virginia.
6. The father of David Larm an is Abram Larm an a freem an and sovereign private civilian citizen
of the United States/A m erican national born A.D. 1805 of holy wedlock grounded upon th e soil of
Knox county, unincorporated union member state of Ohio.
7. I accept as grantee from My Creator and legacy all My physical, spiritual and m ental features as
wholly mine as grantee from my Creator-grantor absolutely as a m atter of public record.
8. My dom inant priority Political Status is only grounded upon the soil in th a t plane of covenants
appurtenant to the Land w ithin the d eju re meaning of the Third Article of th e constitution of the
United States circa 1791 ’’said USA” which is dom inant priority to My secondary derivative “People”
membership to the unincorporated union member State of Iowa u nder “The Constitution of the
State of Iowa” established August 29, 1857 A.D. and proclaimed by its Governor Maple 28
December 1860 A.D. herein incorporated by reference, My deju re said USA, to which i now adhere,
accept, acknowledge, and adopt and give My nation union state m em bership allegiance and
domicile nor freely give My allegiance either Spiritual or Political at any o ther time, place, space,
plane or to any jurisdiction or illegitimate state, i declare as m atter of fact th a t i am and intend
always to be a private Inhabitant of Iowa, and Iowa by loving choice of Domicile only as one of the
several States as th a t term “Inhabitant” is used Politically and Territorially in the constitution for
My said USA at Article I, Sec 2, paragraph 2, and Article I, Sec. 3, paragraph 3.
9. My private Christian nam e being “Jo h n ”, and tru e nam e a t my day of nativity being Johnson,
John Henry, but by adoption of 27 th day of May 1976 Mapletown County decree being changed to
John henry doe, grantee herein, a private American/Iowan national of The United States of
America, along w ith m y wife in holy m atrim ony M ary Ja n e Doe, both of us privately and specially
residing/domiciling outside a “Federal District” and outside a “te rrito ry ” w ithin a non-military
occupied private Estate T rust at the nation Iowa w ith intent, purpose, freewill act and deed, execute
this Deed of my acknowledgment, receipt, and acceptance ab initio of th e above referenced living
gift and codicil willed, transferred, bequeathed, and delivered to me by m y C reator “I AM” as a
newborn Baby Boy on th e light of day of my nativity, sixteen May Nineteen H undred Sixty Eight
with intent and purpose acknowledge and accept w ithout consideration th e receipt of the
conveyance/gift of one living physiological “M ankind Body,” granted/donated and willed to me in
fee simple absolute by said Grantors and for me to receive in full th e sole absolute legal and
equitable title thereof complete vestm ent in me as grantee. Said subject m a tte r hum an body
including but not limited to all physical characteristics and attributes derived therefrom including

but not limited to: skin, flesh, muscle, bone, eyes, hair, fingers, nails, blood, saliva, seminal fluid,
DNA, RNA, amino acids, emissions, urine, excrement, air ingested or egested, liquid ingested or
egested, solid ingested or egested, tendons, veins, arteries, organs, glands, teeth, brain, heart,
tongue, mucus, cartilage, eye/retina(l) scans, fingerprints, thum bprints, palm prints, footprints,
toe prints, photos, pictures, “mug shots”, audio/video recording, the mind, thoughts, consciousness,
dream s, intellectual property, time, and ail elements, attributes and characteristics of an intangible
nature, th e unauthorized use of the private Christian N am e-Jo h n H enry and all derivatives
thereof, the authorized or unauthorized use of the artificial person/Private Business Trust/nom de
guerre/de facto registered organization of Ohio, respectively—“JOHN HENRY DOE”—and all
derivatives thereof, and all other tangible and intangible, characteristics and attributes derived
therefrom or to be derived therefrom of the hum an body of Jo h n Henry, private property in
absolute right of use in possession, private Citizen. Grantee, of h is/h er own freewill act and Deed
execute this Deed of his/her acknowledgement and acceptance ab initio without consideration of
the above-referenced personal absolute property—Physiological Body of Jo h n Henry, under the
term s of the Deed. This Deed serves as evidence superseding all other claims, rights, title, and
interests against the said property and use in adverse possession thereof. This Deed is effective
and binding upon delivery/notice to all interested parties as covenants appurtenant to my
empirical physiological Body w ith or without consent of the parties u nder the term s of the Trust
Deed. I, the grantee in substance, order th a t the record on file in a court of record be updated to
show my acknowledgement, receipt, and acceptance without consideration of the absolute deed.
This record replaces and previously filed said acknowledgements regarding the said subject m atter
on record w ith any record custodian. The governing laws of the Deed are four Maxims of Equity:
“Equity will not aid a volunteer; Equity will not perfect an imperfect gift. Where there are equal
equities, the first in order of tim e m ust prevail. Where th ere are equal equities the law m ust prevail. ”
“W itness our hands and seals this ........

August, 1916.
“John Doc (Seal)
“Richard Roe, (Seal)
“By John Smith, Agent.
“Signed in the presence of:
“Witness.”
The Declaration of Independence at Large, 4 July, A. D. 1776

The United States of America at Large, 15 December, A D. 1791
scribes and affirms Acknowledgm ent
Herein the State of Iowa at Large, 11 May, A.D. 1858
Herein the Maple county at Large, 11 May, A. D. 1858
This instrument is acknowledged before me o n ________________________ by John Henry & Maryjanc of the family
o f Doc.
[leal]
Notary Public - signature

My commission expires _

Due Process
Office of the Grantor Summary
Steps
1. Public Side
a. Name Change Order
b. Notice of Office of Grantor (NC name) 3 Weeks Local Paper - AOP1
c. Record AOP in County
d. Second Notice of Office of Grantor 3 Weeks Local Paper - AOP2
e. Record AOP2 in County.
f. Get AOP2 State Authenticated. Option: Mail only Attested Copies, keep original.
2. Private Side
a. Deed of Acknowledgement and Acceptance from your Creators, God, Parents,
Bloodline, Parentage, Testators, Framers, Posterity, etc.
b. Table of Signatures
c. Footprint
d. Photo and Political Status Declaration, Photo.
e. Hospital Records, footprints, mom's signature
f. Grantor/Settlor's Statement of Intent
g. RR#'s Notice by Grantor.
h. Two to Three Witnesses sign, Notary, if possible, Magistrate/Clerk/Judge on
Motion
i. Trust Transfer Grant Deed to Living Estate Trust
i. All Grantor's legal and equitable rights, titles and interest in his Name,
Signatures, likeness, biology.
ii. All Grantor's reversionary, remainderman and equitable interest in
financial instrument bearing his name, signature, authority and any
derivations in connection.
j. Trust Transfer Grant Deeds TTGD to LET

Office of Grantor, and Living Estate Trust
NOTICE OF OFFICE OF GRANTOR & JOHN HENRY
DOE LIVING ESTATE TRUST
I, John henry doe, in sui juris in esse capacity,

form erly "Doe, Baby Boy" Case Number
xxxl23654 The Iowa State University Hospital,
Huntsville, Iowa May 23, 1968, first born son of
Edward Delano Doe and Karen Layman Doe in holy
wedlock, adopted by George Buford Doe and
Karen Layman Doe in holy wedlock of 698 174nd
Street N, Pine Lake, Iowa, May 28, 1976 by Hunt
County court file under seal, now grantee of
special term adult name Order 8-30-2017
Buckhorn County Court Case #62cvl73317, John
henry doe, certify and declare to all persons and
men worldw ide th a t I am an egressed Franklin
County native Iowan private American national
Iowan state private citizen, dom iciliary origin 4679
Bellwood Ct., Huntsville, Iowa, now ingressed
w ithin the nation Iowa republic [Union] country at
1, 2, or 3 weeks,
Buckhorn County o f the United States of North
America at all times since birth upon the soil
check your state
foreign to, w ithout, and excluded from Domestic,
Territorial, M ilitary, and District of Columbia
customs.
jurisdictions under the constitution 1776 A.D.;
further, I am the living grantor to the office of
grantor titled "John Henry Doe Tr", established
October 1, 2015, the certificate of trust and
affidavit of trustee in Iowa Secretary of State file
number 464987 October 11, 2014 as amended,
the rights, title and interest executed on Trust
Transfer Grant Deeds intended fo r his assigns,
devisees and legatees entitled RR111222333US-
00.000 thru RR111222333US-99.999, unless
otherwise intended recorded Buckhorn County
Doc No A04502129, A04502130, A04502131,
Buckhorn County April 4,2014, fo r sole beneficiary
"Edward Roark Living Estate Trust" established
July 14, 2018; Office of Grantor primary mailing
location is c/o po box 120353, New Brighton,
Iowa. Further, notice is given of the establishment
of the private irrevocable living trust entitled
"John Henry Doe Living Estate Trust" executed on
July 14,2018 w ith same status as forestated by the
Grantor's Office w ithin the meaning at the tim e of
the adoption of the constitution 1776 A.D. the
certificate of trust and affidavit of trustee
(RR111222333US-31 Trust 3rd Amendment) on
File w ith Iowa. Sec. o f State #464987 Oct 11, 2014
as amended. Per: office of trustee, John henry
doe, Ttee., c/o 25 Main St, Creek Avenue, Iowa.
R.F.D. 66554, the United States o f North America.
Return to:
John Henry Doe Living Estate Trust
Legal or Letter size John Henry Doe
P.O. Box 123456, M aple tow n, Iowa.
RFD 65497.
The United States o f America
(T o p 3 inches reserved fo r reco rding d a ta )
C E R T IF IC A T E O F F O R E IG N G R A N T O R T R U S T
B y In d iv id u a l P r iv a t e Io w a n , A m e r ic a n N a t io n a l, u n d e r “ F u ll F a it h a n d C r e d it ” T h e U n ite d S t a t e s o f A m e r ic a , T h e S t a t e o f
Io w a, T h e C o u n t y o f M a p le : J o h n H e n ry D o e b e in g d u ly s w o r n , o n o a t h s a y s t h a t :
1. T h e n a m e o f t h e F o r e ig n G r a n t o r T r u s t is: J o h n H e n r y D o e T r ( a lp h a )
o r a lt e r n a t iv e ly , R R 1 11 2 2 2 3 3 3 U S - 0 0 . 0 0 0 t h r u R R 1 1 1 2 2 2 3 3 3 U S - 9 9 . 9 9 9 . ( n u m e r ic )
2. T h e c r e a t io n d a t e o f t h e T r u s t I n s t r u m e n t is: M a y 1 8 , 1 9 7 6 .
3. T h e e x e c u t io n d a t e o f t h e T r u s t I n s t r u m e n t is: S e p t e m b e r 1 5 , 2 0 1 5 .
4. G r a n t o r d o e s d e liv e r s p e c ia l d e p o s it c o n s is t in g o f t w e n t y - o n e 1 o z . M o r g a n s ilv e r d o lla r s c r e a t in g th e tru s t.
5. T h e n a m e o f e a c h G r a n t o r o f t h e T r u s t i s : ____________________________________________________ ( N a m e p e r A d u lt
N a m e O r d e r o f J u d g e J o h n M. B a r t , M a p le C o u n t y C o u r t “ s p e c ia l t e r m ” J u n e 1 1 , 2 0 1 7 , C a s e N u m b e r 9 6 - c v - 6 3 -
8 7 4 5 ).
6. T h e n a m e o f e a c h o r ig in a l T r u s t e e is: J o h n H e n ry D oe (9 6 -C V -6 3 -8 7 4 5 ).
7. T h e n a m e a n d a d d r e s s o f t h e T r u s t e e e m p o w e r e d t o a c t u n d e r t h e T r u s t I n s t r u m e n t a t t h e t im e o f e x e c u t io n
o f t h is C e r t if ic a t e is:
J o h n H e n ry D o e T te e
J o h n H e n ry D o e T r
c / o U n it 1 2 3 4 5 6
1 2 3 M a in S t
M a p le t o w n , Io w a . 65497.
8. T h e T r u s t e e h a s fu ll d is p o s it iv e a n d d is c r e t io n a r y p o w e r s a n d is a u t h o r iz e d b y t h e I n s t r u m e n t t o s e ll, c o n v e y ,
p le d g e , m o r t g a g e , le a s e , o r t r a n s f e r t it le t o a n y in t e r e s t in r e a l o f p e r s o n a l p r o p e r t y , E X C E P T a s lim it e d b y t h e
fo llo w in g : None.
9. A n y o t h e r T r u s t p r o v is io n s t h e u n d e r s ig n e d w is h e s t o in c lu d e : None.
1 0 . T h e T r u s t h a s n o t t e r m in a t e d n o r b e e n r e v o k e d .
1 1 . T h e s t a t e m e n t s c o n t a in e d in t h e C e r t if ic a t e o f T r u s t a r e t r u e a n d c o r r e c t a n d t h e r e a re n o o t h e r p r o v is io n s in
t h e T r u s t I n s t r u m e n t o r a m e n d m e n t s t o it t h a t lim it t h e p o w e r s o f t h e T r u s t e e t o s e ll, c o n v e y , p le d g e ,
m o r t g a g e , le a s e , o r t r a n s f e r t it le t o r ig h t s o r in t e r e s t s in re a l o r p e r s o n a l p r o p e r t y e it h e r le g a l o r e q u it a b le .
T ru s te e o r G ra n to r
John H e n ry D oe
S ig n e d a n d s w o r n t o b e f o r e m e o n t h i s d a y o f F e b ru a ry 2 0 1 9 b y J o h n H e n ry D oe
(s ta m p )
( s ig n a t u r e o f n o t a r ia l o f f ic e r )
M y c o m m is s io n e r e x p ir e s : ____
(m o n th /y e a r)
TH IS INSTRUMENT W A S DRAFTED BY:

J o h n H e n ry D oe, A tto r n e y in F act.
J oh n H e n ry D oe, P.O. Box 1 2 3 4 5 6 .
M aple to w n , Iow a. RFD 6 5 4 9 7 .
CERTIFICATEOF TRUST& AFFIDAVIT

C o p y C la im e d F e b ru a ry 202 0 -1 1 5 -
Return to:
John Henry Doe T r
P.O. Box 123456, M aple to w n , Iowa.
R FD 65497.
The U nited States o f A m erica
__________________________________________(Top 3 inches reserved for recording data)________________________________________

A F F ID A V IT O F G R A N T O R /T R U S T E E
R e g a rd in g C e r tific a t e o f T r u s t o r T r u s t In stru m e n t u n d e r “ Full Fa ith and C r e d it ” T h e U n ite d S ta te s o f A m e ric a , T h e S ta te
o f Iowa, T h e C o u n ty o f M aple:
Jo hn H e n ry D o e b e in g d u ly sw o rn on o a th s a y s tha t:
1. A ffia n t is th e G ra n to r and T r u s te e n a m e d in th e C e r tific a te o f T r u s t o r T r u s t In stru m e n t t o w h ich th is A f f id a v it is
a tta c h e d as a m e n d e d o f th e U nion R e p u b lic a n S t a te o f Iowa a t M ap le c o u n ty o f T h e U n ite d S ta te s o f A m e ric a , n o n
d o m e s t ic w ith o u t th e D is tric t o f C o lum bia.
2. T h e C e r tific a t e o f T r u s t o r T r u s t In stru m e n t w a s e x e c u te d by an A f f ia n t o r a n o th e r T r u s te e o f th e livin g G ra n to r o f
t h e T r u s t and re la te s t o la n d e d e s ta te , c h a tte l, e q u ita b le in te r e s t o f re v e rsio n a ry , re m a in d e rm a n , and re su ltin g in
fu n d s, a c c o u n ts , p e rso n a l p ro p e rty , s e c u ritie s , in te re s t, re n ts , p ro fits and o th e r p ro p e r ty lis te d in its T a b le o f Res,
T a b le o f H a n d w ritte n M arks, and N am e in T ru s t.
3. T h e n a m e and a d d re s s o f th e T r u s te e ( s ) e m p o w e re d u n d e r th e T r u s t In stru m e n t t o a c t a t th e tim e o f th e e x e c u tio n
o f th is A f f id a v it are as fo llo w s:
John H enry Doe T te e

Jo hn H enry Doe T r
c / o Unit 1 2 3 4 5 6
1 2 3 Main St
Maple Tow n, Iowa 6 5 4 9 7
4. T h e G ra n to r w h o has e x e c u te d t h a t c e rta in in s tru m e n t, re la tin g t o th e p ro p e rty d e s c rib e d a b o v e , b e tw e e n Jo hn
H e n ry D oe, p riv a te A m e ric a n N a tio n a l Iowan and J o h n H e n ry D o e T r (EIN# 9 8 - 6 8 9 X X X X ) and:
a. A re e m p o w e re d b y th e p ro v is io n s o f th e T r u s t to sell, c o n v e y , p le d g e , m o rtg a g e , le a se , o r tra n s fe r t it le t o any
in te r e s t in real o r fin a n cia l o r e le c tr o n ic o r p e rso n a l p ro p e r ty held in tru st; and
b. A r e th e re q u is ite n u m b e r o f T ru s te e ( s ) re q u ire d b y th e p ro v is io n s o f th e T r u s t t o e x e c u te and d e liv e r su c h an
in s tru m e n t.
5. T h e T r u s t h a s n o t b e e n te rm in a te d o r re vo k e d .
6. T h e re has b e e n n o a m e n d m e n t t o th e T r u s t w h ich lim its th e p o w e r o f th e T ru s te e ( s ) t o e x e c u te and d e liv e r th e
in s tru m e n t d e s c rib e d in n u m b e r 1, 2 and 3.
7. T h e T r u s t is n o t s u p e rv is e d b y a n y C o u rt.
8. A ffia n t d o e s n o t h a v e a c tu a l k n o w le d g e o f a ny fa c ts in d ic a tin g th e T r u s t is invalid.
A ffia n t.
Jo h n H e n ry D oe
S ig n e d and sw o rn t o b e fo re m e on t h i s d a y o f F e b ru a ry 2 0 1 9 b y J o h n H e n ry Doe.
(s ta m p )
(sig n a tu re o f n o ta ria l o ffic e r)

M y c o m m is s io n e r e x p ir e s : ___
( m o n th /y e a r)
THIS INSTRUMENT WAS DRAFTED BY:
John Henry Doe, A tto rn e y in Fact.
John Henry Doe, P.O. Box 1 2 3 4 5 6 .
Maple to w n , Iowa. RFD 6 5 4 9 7 .
CERTIFICATEOFTRUST& AFFIDAVIT
Return to:
John Henry Doc L iv in g Estate Trust
John Henry Doe
P .O .B o x 1 23 45 6 ,M a p le to w n ,Io w a . RFD
66554.
The U nited States o f A m erica
(Top 3 inches reserved fo r recording data)_______________________________________________

CERTIFICATE O F LIVING E S T A T E T R U S T
By Individual P riv a te Iowan, A m e ric a n N a tio n a l, u n d e r “ Full F a ith and C r e d it" T h e U n ite d S ta te s o f A m e ric a , T h e S t a t e o f
Iowa, T h e C o u n ty o f Ra m se y: Jo h n H e n ry D oe b e in g d u ly sw o rn , on o a th s a y s th a t:
1. T h e n am e o f th e F o re ig n G ra n to r T r u s t is: Jo h n H e n ry D o e L iv in g E s ta te T r u s t (a lp ha )
o r a lte rn a tiv e ly , R R 1 1 1 2 2 2 3 3 3 U S - 0 0 .0 0 0 th ru R R 1 1 1 2 2 2 3 3 3 U S - 9 9 .9 9 9 . (n u m e ric )
2. T h e c re a tio n d a te o f th e T r u s t is: O c to b e r 2 1 , 2 0 1 6 .
3. T h e e x e c u tio n d a te o f th e th ird a m e n d e d T r u s t In stru m e n t is: J u ly 1 4 , 2 0 1 7 .
4. G ra n to r d o e s d e liv e r s p e c ia l d e p o s it c o n s is tin g o f t w e n ty -o n e 1 o z . M o rg a n s ilv e r d o lla rs c re a tin g th e tru s t.
5. T h e n a m e o f e a ch G ra n to r o f th e T ru s t i s : ________________________________________________ (N am e p e r O rd e r o f
J u d g e J o h n M. B a rt, M ap le C o u n ty C o u rt “ sp e c ia l t e r m ” Ju n e 3 0 , 2 0 1 6, C a s e N u m b e r 6 4 - c v - 1 1 -3 5 1 8 ) .
6. T h e n am e o f e a ch o rigin a l T r u s te e is: Jo h n H e n ry D o e ( 6 4 - c v - 1 1 - 3 5 1 8 ) and M ary Ja n e D oe.
7. T h e n am e and a d d re ss o f th e T ru s te e e m p o w e re d t o a c t u n d e r th e T r u s t In stru m e n t a t th e tim e o f e x e c u tio n

o f th is C e r tific a te is:
J o h n H e n ry D o e L iv in g E s ta te T r u s t
c / o U n it 1 2 3 4 5 6
1 2 3 M ain S t
M a p le to w n , Iowa. M N 6 6 5 5 4 .
8. T h e T r u s te e has full d is p o s itiv e and d is c re tio n a r y p o w e rs and is a u th o r iz e d b y th e In s tru m e n t to se ll, c o n v e y ,
p le d g e , m o rtg a g e , lease, o r tra n s fe r t it le t o a n y in te r e s t in real o f p e rs o n a l p ro p e rty , E X C E P T as lim ite d b y th e
fo llo w ing : N o ne.
9. A n y o th e r T r u s t p ro v is io n s th e u n d e rsig n e d w ish e s to inclu de: N o ne.
1 0. T h e T r u s t has n o t te rm in a te d no r b e e n re vo k e d .
11. T h e s t a te m e n t s c o n ta in e d in th e C e r tific a te o f T r u s t are tru e and c o r r e c t and th e re a re no o th e r p ro v is io n s in
th e T r u s t In stru m e n t o r a m e n d m e n ts to it t h a t lim it th e p o w e rs o f th e T r u s te e t o se ll, c o n v e y , p le d g e ,
m o rtg a g e , lea se , o r tra n s fe r t it le to r ig h ts o r in te r e s ts in real o r p e rso n a l p ro p e r ty e ith e r le g a l o r e q u ita b le .
T r u s te e o r G ra n to r
John H e n ry D oe
S ig n e d and sw o rn t o b e fo re m e on t h i s d a y o f F e b ru a ry 2 0 1 9 by J o h n H e n ry D oe.
(s ta m p )

M y c o m m is s io n e r e x p ir e s : ___
( m o n th / y e a r )
THIS INSTRUMENT WAS DRAFTED BY:

John H enry Doe, A tto rn e y in Fact.
M apletown, Iowa. RFD 6 6 5 5 4 .
Return to:
John Henry Doe T r
P.O. Box 123456, M a p leto w n , Iowa.
R FD 66554.
The United States o f A m erica
_________________________________________ (Top 3 inches reserved for recording data)_____________________________________

A F F ID A V IT O F G R A N T O R /T R U S T E E
R e g a rd in g C e r tific a t e o f T r u s t o r T r u s t In stru m e n t u n d e r "Full Fa ith and C re d it" T h e U n ite d S ta te s o f A m e ric a , T h e S ta te
o f Iowa, T h e C o u n ty o f Ra m se y: J o h n H e n ry D oe b e ing d u ly sw o rn on o a th s a y s th a t:
1. A f f ia n t is th e G ra n to r and T r u s te e na m e d in th e C e r tific a te o f T r u s t o r T r u s t In stru m e n t t o w h ich th is A ffid a v it is
a tta c h e d a s a m e n d e d o f th e U n ion R e p u b lic a n S ta te o f Iowa a t R a m se y c o u n ty o f T h e U n ite d S ta te s o f A m e ric a ,
w ith o u t th e D is tric t o f C o lu m b ia.
2. T h e C e r tific a t e o f T r u s t o r T r u s t In stru m e n t w as e x e c u te d by an A ffia n t o r a n o th e r T r u s te e o f th e liv in g G ra n to r o f
th e T r u s t and re la te s to la n d e d e s ta te , c h a tte l, e q u ita b le in te r e s t o f re v e rsio n a ry , re m a in d e rm a n , and re su ltin g in
fu n d s , a c c o u n ts , p e rso n a l p ro p e rty , s e c u ritie s , in te re s t, re n ts , p ro fit s and o th e r p ro p e r ty lis te d in its T a b le o f Res,
T a b le o f H a n d w ritte n M arks, and N am e in T ru s t.
3. T h e n a m e and a d d re s s o f th e T r u s t e e ’s m a iling a g e n t e m p o w e re d u n d e r th e T r u s t In stru m e n t t o a c t a t th e tim e o f
th e e x e c u tio n o f t h is A f f id a v it a re as fo llo w s:
John Henry Doe Living E state T ru st

c / o 1 2 3 Main St, Unit 1 2 3 4 5 6
M apletow n Mn 6 6 5 5 4
4. T h e G ra n to r w h o h a s e x e c u te d th a t c e rta in in s tru m e n t, re la tin g t o th e p ro p e rty d e s c rib e d a b o v e , b e tw e e n Jo h n
H e n ry D o e , p riv a te A m e ric a n N a tio n a l Iowan and J o h n H e n ry D oe L iv in g E s ta te T r u s t (EIN# 9 8 - 5 7 8 X X X X ) and:
a. A re e m p o w e re d b y th e p ro v is io n s o f th e T r u s t to sell, c o n v e y , p le d g e , m o rtg a g e , le a se , o r tra n s fe r t it le to any
in te r e s t in real o r fin a n cia l o r e le c tr o n ic o r p e rso n a l p ro p e r ty held in tru s t; and
b. A re th e re q u is ite n u m b e r o f T ru s te e ( s ) re q u ire d b y th e p ro v is io n s o f th e T r u s t t o e x e c u te and d e liv e r su c h an
in s tru m e n t.
5. T h e T r u s t has n o t b e e n te rm in a te d o r re vo k e d .
6. T h e re h a s b e e n n o a m e n d m e n t t o th e T r u s t w h ich lim its th e p o w e r o f th e T r u s t e e ( s ) t o e x e c u te and d e liv e r the
in s tru m e n t d e s c rib e d in n u m b e r 1, 2 and 3.
7. T h e T r u s t is n o t s u p e rv is e d b y a n y C o u rt.
8. A f f ia n t d o e s n o t h a v e a c tu a l k n o w le d g e o f a ny fa c ts in d ic a tin g th e T r u s t is invalid.
A ffia n t.
Jo h n H e n ry D oe
S ig n e d and sw o rn to b e fo re m e on t h i s d a y o f F e b ru a ry 2 0 1 9 b y Jo h n H e n ry Doe.
(s ta m p )

M y c o m m is s io n e r e x p ir e s : ______
(m o n th /y e a r)
THIS INSTRUMENT W AS DRAFTED BY:
John Henry Doe, A tto rn e y in Fact.
M apletow n, Iowa. RFD 6 6 5 5 4 .
Office of the Executor Summary
Steps
1. Public Side
a. Name Change Order
b. Notice of Office of Executor (NC name) 3 Weeks Local Paper - AOP1
c. Record AOP in County
d. Second Notice of Office of Executor 3 Weeks Local Paper - AOP2
e. Record AOP2 in County.
f. Get AOP2 State Authenticated. Option: Mail only Attested Copies, keep original.
2. Private Side
a. If alive, Parents Statement of Testator's Intent, if not, your sworn statement
b. Two to Three Witnesses sign, Notary, Magistrate/Clerk, Judge on Motion.
c. Trust Transfer Grant Deed to Living Estate Trust
i. COLB-JFK
ii. Book Entry Numident SSN
iii. Book Entry Debt Accounts
iv. Book Entry Mortgage
v. Posterity-Heir of Constitution signed March 4, 1776, Philadelphia,
Pennsylvania.

Office of Executor
I, John Henry Doe, (special term adult
name Order 8-30-2016, 61cv225525),
an egressed native Pine County Iowan
private civilian national originally
domiciled at 45 Pinewood Ct., now
ingressed within nation Iowa [Union]
country at Pine Creek County still at all
times foreign to, without, and
excluded from domestic, Territorial,
Military, and District of Columbia
jurisdictions, am Executor to the
foreign John Henry Doe, Estate as 1,2,or 3 weeks, check
witnessed by my ability to obtain the
Registrar's book entry copy Certificate your state customs.
of Live Birth (RR111222333US-21)
established May 11,1972 by testators
and testatrix in holy wedlock John
Delano & Karen Gertrude Anderson,
George Bernard & Karen Gertrude
Doe, intended solely for beneficiary
Doe, John Henry and do hereby give
notice of the same hereby and herein,
and this Post Office mailing location
thereof:
Per: Executor John Henry Doe, of
my own right.
John Henry Doe, Estate.
Executor Office.
nation Iowa—country [Union].
General Post-Office.
Main Street—tw o five. [Unit
32165],
New Delano—town. Doe Province.
United States Minor, Outlying
Islands.
The United States of America.
Near. [32165-9998]
AEG IS PROCESS
Public Due Process for Equitable Title

N O T IC E O F E Q U IT A B L E T IT L E
TO TH E E ST A T E O F ED W A R D D ELA N O DOE
Notice is hereby given to all p erso n s, th ird party cu stodians, bailees and tru stees w o rld w id e and the
governm ent o f th e U nited S tates p ro p e r by D oe, Jo h n H enry “ B en eficiary ” , a p riv ate A m erican /Io w an
State C itizen, w h o ’s m ailin g lo catio n is: c/op.o. box 3 2 165, P inecreek, Iow a, the u n ited states o f north
America [r.f.d. 66554] resid in g and d o m icilin g at all tim es w ith o u t said ju risd ic tio n s, to w it: D istrict o f
C olum bia, T errito rial, and M ilitary — th at B eneficiary is th e true ho ld er in p o ssessio n o f en tire legal estate
exem plification by the P ro b ate D iv isio n o f W o o dland C ounty, Iow a, C ase N u m b e r 2016 ES 987 decedent
Estate o f E D W A R D D E L A N O D O E “ E state” ; and further, that T ru st T ran sfe r G ran t D eeds (“T T G D ” ) o f
A ugust 10, 2019 (U S 51.3 M 9 8 5 6 5 8 8 I), F eb ru ary 19, 2019 O ffice o f S ecretary o f S tate D eed Poll
Certificates 17024556-2 (U S 5 7 .0 0 0 Q 9 8 7 4 5 4 4 8 F ), 19321236-3 (U S57.1 D 98 5 6 5 4 0 A ) and 19325664-1
(US54.2 Y 9 8 5 6 5 4 7 F ) “ C h a tte ls” are co n v ey ed to John H enry D oe L iving E state T ru st (“ T ru st” ); and
further, B eneficiary, inessesuijuris, d oes n o w certify and declare th at I, am the bo n a fide sole exclu siv e
priority natural blo o d h e ir and eq u itab le title h o ld er to said E state and C h attels in clu d in g but n o t lim ited
to all equitable assets, acco u n tin g , ren ts, in terest, p ro perty in co n n ectio n w ith and deriv ed from said
Estate and C hattels; and further, th a t B en eficiary is bona fide w ith o u t any ad v e rse n o tic e o f reco rd , actual
or constructive, o f any equal, su p e rio r or p rio r eq u itab le rig h t by n atu re that can su sp en d or co n fu se said
rights to sam e said eq u itab le E state. I f any m an, person, legal agency w o rld w id e, foreign o r d o m estic,
shall subm it an ad v erse claim th e y /it shall put forth such claim u n d er oath o r affirm atio n to N o ta ry Public
A nnie B annister, p.o. box 9 8 745, B ig L ake, Io w a 2 3456, th e ab sence o f w h ich , it shall B E IT
R E SO L V E D , it shall be B e n e fic ia ry ’s law ful rig h t call for and m erg e th e title s o f all legal tru stee,
custodial and b ailm en t title h o ld ers o f E state/C h attel property. // S igned and S w orn on this 10th day o f
A ugust 2019, D oe, John H enry, h e ir & b en eficiary.
Steps
1) Get a EXEMPLIFIED COURT ORDER or JUDGEMENT, or certified copy of the mortgage from the county
2) get it state authenticated
3) get it SOS DC AUTHENTICATED
4) Run 3 weeks in State Register... or.... a recognized Legal Section of newspaper the following notice:
5) the example in the book that starts out "Hear Ye! Hear Ye! Hear Ye! Notice of Equitable Title of that
same certificate number JFK.
6) serve actual notice upon all parties, 3817, full mailing records and request they respond by 21 days
(rule day)
7) State Authenticate Affidavit of Publication
8) Bring #3 and #6 before a senior justice clerk and attach BILL FOR ACCOUNTING, ORDER FOR RE
CONVEYANCE AND RECONVERSION
"Greetings Clerk, I’m making a verbal deposit of title deeds for re-conveyance. I request to see the
justice in chambers to present My Legal and Equitable Titles, merger and order for Re-conveyance and
Reconversion."
Those are the essential bones.
See “Bill for Accounting’ in Exhibits.
The New York Annotated Digest: A Complete Codification of the Law ..., Volume 1 edited by Victor
Eugene Ruehl 11 N. Y. 544 FORMAN v. MARSH (1854)§4363. CONVERSION— Reconversion— Election of
beneficiary— Election presumed.
Where equity impresses a different quality upon property from that which it has in fact, such
impression ceases whenever the possession of the estate and the right to it, in each quality, meet in the
same person; that is, when there is no other person than the one who has the actual possession who
has an equitable interest in retaining the fictitious character of the estate. 9 Cyc. 855-23.

Another a e g is p r o c e s s
Example public due process - county or paper

[public record - newspaper or county or both, tw o pages]
Public N o tice of Special D eclaration of Trust
Hear Ye! Hear Ye! Hear Ye! To all men and persons worldwide: You are
hereby noticed of this special declaration of trust by this third party intervener's
purely equitable and beneficial interest in the private of Court File No. [court
case # redacted], "ACCOUNT", and resulting Notice of extinguishment of
DEFENDANTS' legal duties, debts and obligations, "DEBTS."
Special notice is given herein and hereby by agent of third party

intervener, a private citizen of the United States and private member of the
Union member State of Iowa, only true party of interest against all the world,
that this declaration of trust is of a purely equitable right by nature in the private
established, issued, delivered & conveyed and received, acknowledged and
accepted in good faith via USPS Registered Mail No. XXXXXXXXXXXXX.
Further, third party intervener is in fact and in Equity the real party in interest and
sole exclusive trustee and beneficiary, by settlor’s intent ordered to merge the
titles, now the sole exclusive grantee against all the world, sitting in the private
jurisdiction of inherent Equity in relationship to Court file # [court case #
redacted], "ACCOUNT," has delivered a special deposit tracer title # [private
account #] into Judge's private chambers in his good faith capacity under the
rules of maxims of equity containing the special records irrevocably executing
the extinguishment thru merging of titles of any & all named/attached
DEFENDANTS of ACCOUNT alleged or real debts, charges, liabilities, tax
deficiency, encumbrances, presumptive easements, attachments, and any
obligations in general on record levied, aliened, imposed or presumed by the
commercial contracting enterprise also known as XXXXX COUNTY COURT
SECOND JUDICIAL DISTRICT OF XXXXX.
D EM AND TO SHOW CAUSE

It is ordered and demanded by Twenty-One (21) days of this notice
publication that any person, real or artificial, with prima facie evidence of a prior
and/or superior purely equitable or beneficial interest by nature in ACCOUNT,
Maple County Court File No. [the case number], either/or first in time or
superior/equal in right by nature or characteristic must SHOW CAUSE on the
face of the record under oath or affirmation in support of their superior, equal, or
prior, either legal or equitable interest why their interest does in fact or in
substance prevent or confuse said settlor’s total and complete merger and
resulting extinguishment, entitling all remainder and reversionary under all
control of all resulting custodians of a fiduciary character owing a good faith
duty to remit all monies, funds, assets, accounting thereof and extinguish all
debts, encumbrances, and secured third party interests, that without said
testimony of which, this matter shall be deemed settled and closed thru
extinguishment of the merging of titles at law with the equitable title, by his deed
of conveyance, of third party intervener. Signed by: authorized agent for third
party intervener.
[end of public record in n e w sp a p e r and/or county]

AEGIS PROCESS
3rd Example of Due Process Equitable Title

[on court record signed along with certified copies of the public notices, affidavit
of publication recorded in county]
SPECIAL NOTICE OF DECLARATION OF TRUST AND NOTICE OF MERGER
This is actual and constructive Special Notice of Declaration and Declaration of Merger
by a third party intervener, a private citizen of the United States and private member of the
Union member State of Iowa, who does hereby declare to be holding purely legal/trustee, and
also, equitable and beneficial interest in the private of Court File No. xxxxxxx, "ACCOUNT", and
resulting notice of extinguishment of DEFENDANTS' legal duties, debts and obligations, "DEBTS”
as well as the grantee’s complete subrogation to the rights of the Plaintiff(s) in connection with
said Account out of which springs third party intervener’s cestui que rights.
Special notice is given herein by a third party intervener, "true party of interest," of
declaration of a purely equitable right by nature, as both trustee, and beneficiary, ordering the
merging of the titles, in the private established, delivered & conveyed via USPS Registered Mail
No. RE 555 835 333 US whereby third party intervener is in fact and in Equity the real party in
interest and beneficiary sitting in the private jurisdiction of inherent Equity in relationship to Court
file no. XXXXXXXX, "ACCOUNT," has delivered a special deposit tracer title no.
RR111222333US-12 to Judge's private chambers containing the special records irrevocably
executing the extinguishment thru merging of titles of any & all named/attached DEFENDANTS
of ACCOUNT alleged or real debts, charges, liabilities, tax deficiency, tax forfeitures,
encumbrances, presumptive easements, attachments, and any obligations in general on record
levied, aliened, imposed or presumed by prescription the commercial contracting enterprise also
known as MAPLE COUNTY COURT SECOND JUDICIAL DISTRICT OF IOWA.
Any person with prima facie evidence of a prior and/or superior purely equitable or
beneficial interest by nature in ACCOUNT, Maple County Court File No. XXXXXXXX, either/or
first in time or superior/equal in right by nature or characteristic must SHOW CAUSE within
twenty days (20) of verifiable receipt of this notice. It must be made on the face of the record
under oath or affirmation why their real interest - be it as trustee, grantee, or beneficiary - does
cause confusion and suspension of said merger and is preventing said total and complete
merger and extinguishment, without said valid testimony of which, where Equity regards done
that which ought to be done, this matter shall be deemed settled and closed thru extinguishment

of the merging of DEFENDANTS' legal title with real party’s equitable title by the deed of
conveyance of beneficial right of real party, the true party of interest (EXHIBIT xx-xxx).
The two public witnesses' records of the deeds performed in the private are attached.
Signed by:
Authorized representative for third party intervener.
INDIVIDUAL ACKNOWLEDGMENT
state of Iowa )
) ss.
Maple county )
BEFORE ME, the undersigned authority, a Notary Public of the State of Iowa, this___
day, October 16 Doe, john henry did appear before me and being known to me, upon first
being duly sworn and/or affirmed, deposes and says that he has firsthand personal knowledge
of the aforegoing facts and statement of the above and the aforegoing asseveration is true and
correct to his best knowledge and belief.
Notary Signature________________________ Comm. Exp Date__________
(Notary stamp)
1) Motion and Order for Hearing, enter affidavit of non-response for the record.
2) Proposed order for publication, in rem against all the world.
3) Proposed order to sign Decree as the sole exclusive heir, beneficiary, trustee,
grantee against all the world on the merits of the declaration of trust.

AEGIS PROCESS
Another example of notice so that there is a ‘permanent notice of interest’ imputed to all persons
regarding you and your property.
Special Notice of Unregistered Equitable Interest
M a x im s : E q u ity w ill n o t a id a vo lu n te e r, E q u ity w ill n o t p e r fe c t a n im p e r fe c t g ift,

E q u ity re g a rd s a s d o n e th a t w h ic h o u g h t to h a v e b e e n d o n e, E q u ity reg a rd s th e
B e n e fic ia r y a s th e tr u e o w n er, E q u ity L o o k s to th e I n te n t r a th e r th a n to th e F o rm
TO : All m e n w o rld w id e
S U B JE C T : H u m a n B ody o f L eb ro n J a m es
FROM: L eb ro n J a m es, P re-1933 p rivate citizen o f the U nited States, Cestui

Q u e T ru st/B en efic iary
N a tu r a l E q u ita b le T itle H o ld er By N a tu re
Be it k n o w n to all m e n w o rld w id e, this N o tic e o f Interest m a k es kno w n that I,

L eb ro n J a m es, D e C har El D e S a n k, in esse and su i ju r is, attest and affirm that 1
hav e b een g ran te d and co n v e y e d E q uitable Title by N a tu re o f all right, title and
interest in the natu ral, organic, H u m a n Body o f L eb ro n Jam esQ ee attached Actual
Notice o f Deed o f Acknowledgement and Acceptance Without Consideration—Nunc Pro
Tunc Ab Initio T and h av e accepted and ack n o w le d g ed said title, and with intent and
p u rp o se, to h av e, to hold and m a k e use o f for m y ow n private, particular, certain,
specific, inherent, de-jure reasons. Said H u m an Body to be identified by the
fo llo w in g facts and characteristics:
C h ristia n N a m e - Lebron Jam es B irth P a te - O cto b er 14, 1980

Born in (C o u n try ) - U nited States o f A m erica B orn in (S ta te) - D elaw are
Born in (C ity ) - W ilm in gton Sex - M ale R ace - Black
E ves - B row n H a ir - Black F ath er - Larry Jam es
M o th er - S usan H arriet Jam es
This N o tic e shall serve as ev id en ce o f m y sole, exclusive, private, personal

equitable interest and m y natural, inherent, vested and secured claim , right, title and
interest o v e r said H u m an Body, and to su persede all other claim s. T his N o tic e is
ex ec u ted p u rsu a n t to n a tu r a l eq u ity , the p u re-inheren t-ex clu sive A m eric an Equity
Ju risp ru d e n c e , the M ax im s o f Equity and the fund am ental principles o f the Law o f
111
C o p y Claim ed F e b ru a ry 2020 -1
Trusts. 1 o rd er that the record on file in a court as o f reco rd be u pdated to reflect
and show m y stan ding as the sole equ itab le title ho ld er o f the H u m a n B o dy o f
Lebron Jam es. T his N o tic e shall rem ain in full force and effect until the natural
death o f L eb ron J a m es, C estui Q ue T rust/B en eficiary .
M a x im : A J u d g e o u g h t a lw a ys to h a v e E q u ity b e fo re h is eyes
D one u n d er m y hand and seal with intent, special purpose, freewill act and Deed
under the Law o f G od and the M ax im s o f Equity on this_________ day
of 2015.
L eb ron J a m es, cestui que trust/B eneficiary

Pre-1933 private citizen o f the U nited States
In care of, a d d ress N e w a rk , D elaw are,
Postal C o d e E xcepted [12345]
12]

add also ‘state flag’ Public Notice
The U nited S tates of America

+1-855-998-7744
EIN 98-678XXXX
Wo a l l to tofrom tf/esfe p re se n t# K h a li come, <§reetinsK:

It is hereby noticed to all men and persons, proclaimed, and declared th a t the “John Henry Doe Living
E state T rust” (“JHDLET”) is established and presented as the “Third Amendment” broadened continuation,
extension, and merges previously framed instrum ents and corpus filed in file #
Secretary of S tate of Iowa “RR111222333US- Trust” (“Trust”). On broad authority and in in keeping with
the original soul, intent, and purpose of said Trust, including “F irst Amendment” filed February 28, 2017,
and “Second Amendment” filed March fully included and made ap art herein by reference,
and do now hereby give actual and constructive notice to all local, national and international parties,
adm inistrators, statutory trustees, known and unknown who would be otherwise bona fide purchasers for
value, adverse and antagonistic claim ants and adverse holders, resulting trustee(s), to all men, persons, and
entities worldwide, and, to interrupt any tolling upon any lim itations of actions, laches, pleas in bar,
prescription, easements, escheats, abandonm ents, accruing to all known and unknown guardians,
custodians, officers, agents, interm ediaries, with or w ithout the United States, and said fiduciaries in
connection w ith the rights, powers, and duties, with or w ithout sovereign judicial power, or adm inistrative
authority, w hether arising out of operation of law, state or federal statute, executive action, laws of the
U nited States proper or by acts of foreign alien usurpers, interlopers, and trespassers or their registered
agents, assignees, and designees, even w hilst they may be operate under foreign and alien modes, processes,
authorities, and procedures arising therefrom of said Trust are now merged and now due and owing in good
faith to this JHDLET of July 14, 2018, to wit:
Signed on this day of ,2019.
Settlor By: John Henry Doe Ttee

John Henry Doe Living E state T rust
G rantor _________________
Trustee (successor)
T estator
Executor _________________________
“W itness our hands and seals this ................... day of AddreKK-
August, 1916.
“John Doc (Seal)
“Richard Roe, (Seal) - ,
“By John Smith, Agent. Add|
‘W itness.1

Sample Affidavit for Public Recording - g e ts a u th e n tic a te d - for all th re e offices G rantor, E xecutor, LET.
Table of Contents
Article I. Sworn Affidavit of the Occupant of the Office of the Grantor....................................................................4
Section 1 .0 1 ............ N o tic e o f G r a n t e e ’s D e e d o f A c c e p t a n c e & A c k n o w le d g m e n t o f E q u it a b le E s t a t e ..........................8 -1 0
Section 1 .0 2 ............ C e r tific a t e o f F o r e ig n G r a n t o r T r u s t ................................................................................................................. 11
Section 1 .0 3 ............A ffid a v it o f G r a n t o r / T r u s t e e ................................................................................................................................ 12
Section 1 .0 4 ............G r a n t o r ’s T a b le o f S ig n a t u r e s , S e a ls , a n d M a r k s ........................................................................................ 13
Section 1.05.........Grantor’s True Identity
(a ) ....................A d u lt N a m e P e r C o u r t o f R e c o r d ............................................................................................................... 1 4 -2 3
(b ) ....................A d u lt F o o t P r in t s .................................................................................................................................................... 24
(c ) ....................B o o k o f L ife N a m e E n t r y .....................................................................................................................................2 5
(d ) ....................A d o p tio n D e c r e e ................................................................................................................................................... 2 6
(e ) ....................C e r tific a t e o f L iv e B irth B o o k E n t r y ..................................................................................................................2 7
(f ) ..................... A ffid a v it: P ro o f o f Identity, A lle g ia n c e , D o m ic ile a n d C la im o f S t a t u s o n S o il o f Io w a a s
Id e n tific a tio n o f Io w a n J o h n H e n ry D o e P riv a te A m e r ic a n N a tio n a l o f T h e U n ite d S t a t e s o f A m e r ic a
2 8 -3 7
(i) A r tic le I. S ta t e m e n t o f I n t e n t ........................................................................................................ 28
(ii) A r tic le II. N o t ic e o f C o n f lic t o r V a r ia n c e o f L a w ....................................................................... 28
(iii) A r tic le III. O a th o f A lle g ia n c e a n d P e r s o n a l C o v e n a n t s , D e c la r a tio n s a n d R e c it a ls 29
(iv) S u m m a r y o f S w o r n D e c la r a tio n s a n d R e c it a ls o f O a th o f A lle g ia n c e a n d P e r s o n a l 34
(V) A r tic le IV. V e r if ic a t io n ..................................................................................................................... 34
(Vi) A ffid a v it o f A tte s ta tio n b y R a lp h L e r o y W ig g in s ....................................................................... 35
(vii) A ffid a v it o f A tte s ta tio n b y T o b in L u d w ig P e p p e r s ................................................................... ...........3 6
(g ) .................... D a y o f N a tiv ity U n iv e r s it y H o s p ita l, P e p p e r v ille , Io w a "B a d e r , B a b y B o y " A p r il 11, 1 9 6 8 .. .. 3 7 .1 - 3 8
(h ) .................... N o tic e o f G r a n t o r ’s s e ttle m e n t o f T w e n t y - O n e O n e O u n c e S ilv e r D o lla r s to J H D L E T .....................3 9
S e c tio n 1 . 0 6 ............T r u s t T r a n s f e r G r a n t D e e d ( " T T G D ”) o f N a m e C h a n g e C a s e N u m b e r 6 2 - c v - 9 8 - 7 8 4 8 ................... 4 0
S e c tio n 1 . 0 7 ............N o tic e o f G r a n t o r ’s T T G D o f R e s u ltin g , R e v e r s io n a r y a n d R e m a in d e r m a n I n te r e s t......................... 41
S e c tio n 1 .0 8 ............G r a n t o r ’s T T G D o f A b o v e S e c t io n s 1 . 0 4 , 1 . 0 5 d , 1 , 0 5 e , 1 . 0 5 g , 1 , 0 5 h .......................................... 4 2
S e c tio n 1 .0 9 ............G r a n t o r 's L iv in g D ire c tiv e to th e A tto r n e y G e n e r a l a n d S e c r e t a r y o f S t a t e o n M a t t e r s o f S ta te ... 4 3
A r t ic le II. S w o r n A ffid a v it o f T h e E x e c u t o r O ffic e to th e J o h n H e n ry D o e , E s t a t e .......................................................... 4
S e c tio n 2 . 0 1 ............S w o r n A ffid a v it o f T e s t a t o r a n d T e s ta trix I n t e n t............................................................................................4 7
S e c tio n 2 . 0 2 ............A ffid a v it o f P u b lic a tio n o f th e O ffic e o f T h e E x e c u t o r ............................................................................4 8 - 4 9
S e c tio n 2 . 0 3 ............E x e c u t o r ’s T T G D C e r tific a t e o f L iv e B irth J o h n H e n r y D o e ................................................................ 5 0 - 5 3
S e c tio n 2 . 0 4 ............E x e c u t o r ’s T T G D S o c ia l S e c u r it y A c c o u n t B o o k E n try N u m id e n t R e c o r d 4 5 H H ? 4 ...............5 4 - 5 8
S e c tio n 2 . 0 5 ............E x e c u t o r ’s T T G D T h e W r it t e n O n P a r c h m e n t Constitution for The United States of America 5 9 .1
S e c tio n 2 . 0 6 E x e c u t o r ’s L e tte r o f R e q u is itio n , T r a n s f e r O r d e r & D ir e c t iv e ................................................... 5 8 .2 , 5 8 .3
A r t ic le III. N o tic e o f C h a n g e o f L e g a l T it le fro m R R 1 1 1 2 2 2 3 3 3 U S - 2 9 T r u s t to J o h n H e n r y D o e L iv in g E s t a t e T r u s t
(h e re in a fte r “J H D L E T ”) o f J u ly 14, 2 0 1 8 a t M a p le C o u n t y ........................................................................................5 8 .4
S e c tio n 3 . 0 1 C e r tific a t e o f T r u s t o f J H D L E T ...................................................................................................................... 5 8 .4
S e c tio n 3 . 0 2 ............A ffid a v it o f T r u s t e e o f J H D L E T ...................................................................................................................... 5 8 .5
S e c tio n 3 . 0 3 ............N o tic e o f M in u te s “T a b le o f T r u s t R e s , P o rtfo lio , M in u te s ” ...................................................................... 6 -7
S e c tio n 3 . 0 4 ............N o tic e o f P a r a m o u n t C la im to D e c e d e n t s ’ E q u it a b le E s t a t e s , 2 1 , 2 2 , 2 3 .................................................. 5

A r t ic le I V . N o t ic e o f C la im o f D e c e d e n t 's E s ta te J o h n K e n n e t h B a d e r R R 1 1 1 2 2 2 3 3 3 U S - 5 7 ..................................... 5 (21)
S e c tio n 4 . 0 1 ............ T T G D o f C e r t if ic a t e o f L iv e B ir th o f J o h n K e n n e t h B a d e r ..................................................................5 9 -6 2
S e c tio n 4 . 0 2 T T G D o f S o c ia l S e c u r it y A c c o u n t N u m b e r 3 2 ^ ^ H 9 8 N urr|id e n t R e c o r d ............................ 6 3 -6 5
S e c tio n 4 . 0 3 ............ T T G D o f D e a t h C e r t if ic a t e o f I o w a ............................................................................................................6 6 -6 9
S e c tio n 4 . 0 4 ............ T T G D o f F r a n k lin C o u n t y P r o b a t e C a s e F ile N u m b e r E s ta te o f J o h n K e n n e t h B a d e r C a s e N o .
2 0 1 7 - E S - 0 0 1 2 1 .............................................................................................................................................. 7 0 -7 1
A r t ic le V . N o t ic e o f In te re s t: D e c la r a t io n o f B e n e f ic ia l O w n e r s h ip b y F irs t B o rn S o n N a t u r a l B lo o d H e ir t o
D e c e d e n t 's E q u it a b le E s ta te S u s a n M a r y D o e (B a d e r), a n d A f f id a v it o f S u r v iv o r s h ip a n d D e e d o f T ru s t,
R R 1 1 1 2 2 2 3 3 3 U S - 5 5 ..................................................................................................................................................... 5 (22)
S e c tio n 5 . 0 1 ............T T G D o f C e r t if ic a t e o f L iv e B ir th S u s a n M a r y D o e ( " K L S " ) .................................................................7 2 - 7 6
S e c tio n 5 . 0 2 ............T T G D o f S.S. A c c o u n t N u m b e r 2 3 H 7 4 S U S A N W A V E M A R Y B o o k E n t r y N u m id e n t 7 7 -8 1
S e c tio n 5 . 0 3 ............T T G D o f C e r t if ic a t e o f D e a t h " S U S A N M A R Y D O E " ............................................................................8 1 .1 -5
A r t ic le V I . N o t ic e o f I n te re s t: D e c la r a t io n o f B e n e f ic ia l O w n e r s h ip b y F irs t B o rn S o n N a t u r a l B lo o d H e ir to
D e c e d e n t 's E q u it a b le E s ta te G e o r g e E rn e s t D o e , R R 1 1 1 2 2 2 3 3 3 U S - 5 6 ........................................................5 (23)
S e c tio n 6 . 0 1 ........... T T G D o f C e r t if ic a t e o f L iv e B ir th G e o r g e E rn e s t D o e ( " G E S " ) ........................................................... 8 2 -8 5
S e c tio n 6 . 0 2 ........... T T G D o f G E S S.S. A c c o u n t N u m b e r 6 5 | ^ | 9 4 B o o k E n try N u m id e n t F ile R e c o r d ................... 8 6 -9 1
S e c tio n 6 . 0 3 ........... T T G D C e r t if ic a t e o f D e a t h G E S .................................................................................................................. 9 2 - 9 6
A r t i c l e V I I . N o t ic e o f S e t t le m e n t o f M a r y M a r ie D o e ( M a id e n ) E sta te .
S e c tio n 7 . 0 1 ............ E x e c u t o r T T G D o f B o o k E n try C e r t if ic a t e o f L iv e B ir th o f M a r y M a r ie M a i d e n ........................9 7 - 1 0 0
S e c tio n 7 . 0 2 ............ E x e c u t o r T T G D o f B o o k E n t ry B ir th C e r t if ic a t e o f M a r y M a r ie M a i d e n ....................................1 0 1 -1 0 4
S e c tio n 7 . 0 3 ........... E x e c u t o r T T G D o f S o c ia l S e c u r it y B o o k E n try N u m id e n t A c c o u n t 9 8 ^ ^ | 2 1 .................................10 5
S e c tio n 7 . 0 4 T T G D o f M a r r ia g e C e r t if ic a t e o f J o h n H e n r y a n d M a r y M a r ie D o e .......................................... 1 0 6 - 1 0 9
A r t ic le V I I I . N o t ic e o f In te re s t: D e c la r a tio n o f B e n e f ic ia l O w n e r s h ip b y F irs t B o rn S o n N a t u r a l B lo o d H e ir D o n a ld
G e o r g e D o e ( " C G S " ) ................................................................................................................................................. 5 (2 5 )
S e c tio n 8 . 0 1 ............E x e c u t o r T T G D o f B o o k E n t r y B ir th C e r t if ic a t e C G S ........................................................................ 1 1 0 -1 1 3
S e c tio n 8 . 0 2 ............E x e c u t o r T T G D o f B o o k E n try S o c ia l S e c u r it y A c c o u n t C G S 5 7 ^ ^ | 4 7 .......................................1 1 3 .1
A r t i c l e I X . N o t ic e o f I n te re s t: D e c la r a tio n o f B e n e f ic ia l O w n e r s h ip b y F irs t B o rn D a u g h t e r N a t u r a l B lo o d H e ir L a u ra
M a r ie D o e ................................................................................................................................................................... 5 (2 6 )
S e c tio n 9 . 0 1 E x e c u t o r T T G D o f L a u ra M a r ie D o e B o o k E n try B ir th C e r t i f ic a t e ........................................1 1 4 -1 1 9
S e c tio n 9 . 0 2 E x e c u t o r T T G D o f S o c ia l S e c u r it y A c c o u n t B o o k E n try L a u ra M a r ie D o e 5 6 ^ ^ | 6 3 .................. 1 2 0
A r t ic le X . N o t ic e o f S u b s t it u t io n o f G r a n t o r a n d M e r g e r o f A ll J o h n H e n r y D o e 's Le g a l a n d E q u it a b le I n te r e s ts by
N a t u r e in J H D L E T .................................................................................................................................................................... 7
A r t ic le X I . E r r a t a ..........................................................................................................................................................................................7

Certificate of Office of Grantor.
The United States of A m erica at Large, 15 December, A. D. 1791 ) Executor, and Other Property in The
H erein T he State of Iowa at Large, 11 May, A.D. 1858 SS J-°-hn.HenrV D°e Livinq Estate Trust
H erein T he M aple County at Large, 11 May, A. D. 1858 J
On this day o f_ _ _ _ _ _ _ _ _ _ _ _ _ _ , 2019.
At the Time of the Adoption of the Constitution.
A rtic le I O ffice o f G ra n to r
Joh n Henry Doe being duly sworn, on oath pursuant to the Laws of The State of Iowa and The United States of
America says:
Section 1.01 to 1.08
1. That I am competent and of the age of majority to state facts herein;
2. That following is true, correct, not misleading, and I believe accurate, based upon my current
personal knowledge, belief, and first-hand experience;
3. That the Notice of the Office of the G rantor is given on this Nineteenth (19) day of February 2019,
and the Records are incorporated fully herein as true and correct copies of originals in the
possession of the Grantor and the Jo h n Henry Doe Living Estate Trust (“J H D L E T ”);
4. That exhibited Sec. 1.01 through 1,05(a-h) thirty-three (33) pages are the included absolute titles of
property, rights and identities inherit to the Grantor and no other living man or person on earth;
5. That exhibited Sec. 1.06 through 1.09 four (4) pages are the G rantor’s Trust Transfer Grant Deeds
(“T T G D ”) of his property to JH D L E T .
6. That the G rantor’s private inventory Private Assigned and yet-to-be Assigned “T itles”
RR111222333US-00.001 through RR111222333US-99.999 recorded in Superior Court or Lamar
County G eorgia BPA 34 pages 342, Deed, and, Iowa Secretary of State Maple County File No.
A04502265, A04502266, A04502267, April 4, 2014, and are fully incorporated herein and made
apart hereof by reference;
7. The Legal Name of said Grantor Office is “Jo h n Henry Doe Tr" (TIN 98- 6 H H I3 4 ) ;
8. That the identity of the Grantor going back to the day of his nativity are true and correctly displayed
in Section 1.01 through 1.05(a-g) thirty-three (33) pages;
9. That this Grantor is now substituted and subrogated to Social Security Account 3 2 | ^ ^ ^ f 7 7
“JOHN HENRY DOE” five (5) pages displayed in Section 2.04 and “MARY MARIE DOE 3 5 ^ H
W 7 4 ” in connection to all accounts, funds, securities, and interests in connection with his name
John Henry Doe, et al. or the name of wife Mary Marie Doe, et al. and at all tim es is no longer is
abandoned nor absentee in the administration by third parties and their network agents (Section
2.04); all financial instruments are property of the J H D L E T by trust transfer by the Office of
Grantor, exhibited Sec. 1.06, 1.07, 1.08 three (3) pages;
10. That the G rantor appoints all financial intermediaries as fiduciaries and directs same that all of
G rantor’s signatures on financial instruments of any kind are expressly special deposit on the book
entry accounts payable side of transferee’s ledger for the sole purpose of financially assigning all
proceeds of the G rantor’s signed or authorized instrum ent for value to bring the account to zero;
A rticle II O ffice of the Executor

Section 2.01 to 2.05
11. That exhibited Sec. 2.01 is G rantor’s sworn affidavit of testator’s and testatrix’ intent is a true and
correct copy;
12. That I believe that the sworn Affidavit of Publication in the Lilly Newspaper displayed to be true and
accurate in exhibited Sec. 2.02;
13. That the occupant of the office of the Executor is the same identity as the occupant of the office of
the Grantor aforesaid in Article I, Section 1.05a-h;
14. That the Executor executes the following Trust Transfer Grant Deeds (“T T G D ”);
a. T T G D 2.03 conveys this Adm inistrated Estate to the J H D L E T absolutely along with all
rights, titles, control, and possession displayed in exhibited Sec. 2.03 four (4) pages;
b. That T T G D 2.03 voids the administrated estate and absolutely transfers appendant estate
powers and authority to JHDLET the legal and equitable assets therein and therefrom
resulting in right to pro rata and pro tanto rents, interest and profits credited to the national
account “John Henry Doe Living Estate Trust” ;
c. T T G D 2.04 conveys Social Security Account Book Entry Numident Record “JOHN HENRY
DOE" 4 5 ^ ^ | 7 4 to JH D L E T , displayed in exhibited Sec. 2.04 five (5) pages;
d. That T T D G 2.04 voids the administrated estate and absolutely transfers appendant estate
powers and authority to JHDLET the legal and equitable assets therein and therefrom
resulting in right to pro rata and pro tanto rents, interest and profits credited to the national
account “John Henry Doe Living Estate Trust” ;
e. T T G D 2.05 exhibited in Sec. 2.05 claim s all equitable and legal interest arising from all
birthright, bloodline, legacy, posterity and inheritance intended by the original fram ers and
signers of the organic written-on parchm ent “The Constitution for The United States of
Am erica”, A.D. 1791 conveys to J H D L E T said interest to the G rantor one of the Heirs of
the Posterity;
f. That said T T G D 2.05 results in powers and authority resulting in right to pro rata and pro
tanto rents, interest and profits credited to the national account “John Henry Doe Living
Estate Trust” ;
15. That all trust transfer grant deeds herein displayed executed by the Grantor and Executor are
accepted by the Trustee/Grantee of JH D L E T ;
Copv Claim ed February 2020

16. That the Executor issues a W rit of Execution in exhibited Sec. 2.05 that appoints the government of
the United States at large its Adm inistrators as Fiduciaries to J H D L E T and directs them to account
for all equitable assets, rents, interest and profits now due to JH D L E T , and transfer possession
and control of same for immediate credit on national account in the name of “John Henry Doe
Living Estate T rust” ;
A rticle III O ffice of the Jo h n Henry Doe Living Estate Trust

Sectio n 3.01 to 3.03
17. That the Certificate of Trust of J H D L E T is displayed in exhibited Sec. 3.01;
18. That the Affidavit of Trustee of J H D L E T is displayed in exhibited Sec. 3.02;
19. That the Minutes “Table of Res, Portfolio, Minutes” of said Trust are displayed, with proper
redaction, is displayed in exhibited Sec. 3.03;
20. That John Henry Doe is the paramount equitable estate title holder by natural blood inheritance
displayed in exhibited Sec. 3.04a-c and exhibited Sec. 4.03a and court decree displayed in
exhibited Sec. 1,05d to Decedents John Kenneth Bader, Susan Mary Doe, and George Ernest
Doe;
A rticle IV, V, VI N otice of Interest: Declaration of Beneficial O w nership by First Born S o n Natural Blood Heir
to Decedent’s Equitable Estate
Sectio n 4.01 to 6.03 Sw orn Affidavit of Claim to D e ced en ts’ Equitable Estates
21. Estate of John Kenneth Bader
a. That the beneficial owner of the Estate of John Kenneth Bader displayed in exhibited Sec.
4.01, 4.02, and 4.03 is claimed by his first-born son John Henry Doe (Bader);
b. That the beneficial owner of the Book Entry to John Kenneth Bader’s Social Security
Account “2 9 ^ ^ H 7 0 ” (Section 4.02) is claimed by first born son John Henry Doe (Bader);
22. Estate of Susan Mary Doe
a. That the beneficial owner of the equitable Estate of Susan Mary Doe displayed in Section
5.01 and 5.03 is claimed by his first-born son John Henry Doe;
b. That the beneficial owner of the Susan Mary Doe’s Book Entry Social Security Account
" 2 3 ^ ^ H 74” displayed in Section 5.02 is claimed by first born son John Henry Doe;
23. Estate of George Ernest Doe
a. That the beneficial owner of the Estate of George Ernest Doe displayed in Section 6.01
and 6.03 is claimed by his first and only son John Henry Doe;
b. That the beneficial owner of the George Ernest Doe’s Social Security Book Entry Account
”6 5 B H | d 4 ” displayed in Section 6.03is claimed by first bom son John Henry Doe;
A rticle VII, VIII, IX Notice of Result Trust

S ectio n 7.01 to 9.02 Living Estates and Dower of Mary, Donald & Laura
24. That Mary Marie Doe settles her Estate upon her husband in Holy M atrimony on April 24, 1999
displayed in Section 7.04 and that all, rights, title and interest are conveyed to E R L S E T , displayed
in Section 7.01, 7.02, and 7.03.
25. That the Executor to young Master Donald George Doe’s Estate is conveyed to J H D L E T for his
benefit, use, and enjoyment, life m aintenance and support as a life estate, and to his heirs,
devisees and legatees, displayed in Section 8.01 and 8.02;
26. That the Executor to young Miss Laura Marie Doe’s Estate is conveyed to J H D L E T for her benefit,
use, and enjoyment, life m aintenance and support as a life estate, and to her heirs, devises and
legatees, displayed in Section 9.01 and 9.02.
27. That a Trust Certificate of Beneficial Interest to their respective portfolios is issued in their proper
names confidentially on this date under the JH D LE T in accordance with the T rust H U .
Further I saith not. Done F eb ru a ry A.D. 2019;
John Henry Doe
T h e D e c la r a tio n o f In d e p e n d e n c e a t Larg e , 4 July, A . D. 1 7 7 6

T h e U n ite d S ta te s o f A m e r ic a a t Larg e , 15 D e ce m b e r, A . D. 1 7 9 1 j
ss Notary Public Acknowledgment
H e r e in th e Sta te o f Io w a a t Larg e , 11 M ay, A. D. 1 8 5 8 j
H e r e in th e M a p le c o u n ty a t L arg e , 11 M a y , A . D. 1 8 5 8 J
I; _____________________________________, a Notary Public by said State duly authorized, certify that I know, or
have satisfactory evidence, that John Henry Doe is whose name is scribed to the within instrument comes before me
by special limited restricted ministerial visitation and acknowledges same that Affiant freely marks and impresses his
signature and seal to this “ Certificate o f Office o f Grantor. Executor, and Other Property in the John Henry Doe
purposes me "Witness our hands and seals this ........

August, 1916.
“John Doc (Seal)
Notary Publi “Richard Roe, (Seal)
My commiss “By John Smith, Agent.
“Signed in the presence o f:
“Witness.”
-132-
Copy Claim ed February 2020
Public Notice of Trust Titles (optional) - You can Add Mailing Numbers too.
John H enry Doe Living E state T rust Table of Res, Portfolios, M inutes
Section 3.03
T ru st Portfolio D escription - Public Identification P riv ate

JH D LET
R R 1 11222333U S- (some personal information redacted) W arrant/B ond
Section i #
TTGD G ran to r ERS M aple County D istrict C ourt Case File 62-cv-
1.06 62.000 C40835999A
98-7848 A dult N am e Change
1.07 63.000 TTGD of G ran to r ERS Reversionary In terest X88882465A
1.08 64.000 TTGD of G ran to r ERS Sections 1.04 105d 105e 105g 105h L005552210A
TTGD of G ran to r ERS Book E n try COLB #17049626-2
2.03 29.001 L06665513G
TTGD Social Security Account “JO H N HENRY DOE” 4 5 ^ H 7 4 ,

2.04 29.002 Book E ntry N um ident D22295558G
TTGD The w ritten on parchm ent C onstitution for The U nited
65.000 S ta te s of America. S tate H ouse, P hiladelphia, P ennsylvania of D96884267J

2.05
M arch 4, 1789, as Amended A.D. 1791.
TTGD of C ertificate of Live B irth John K enneth B ader

4.01 57.000 Q58990248F
TTGD of Jo h n K enneth B ader Social Security Account N um ber
4.02 57.001 3 2 |||H 9 8 N u m id e n t Book E ntry File Record. D41784070A
T T G D o f C e r t if ic a t e o f D e a t h J o h n K e n n e t h B a d e r.
4.03 57.002 Y53218337F
TTGD of F ranklin County P robate Case File N um ber E quitable
4.04 57.003 E state of Jo h n K enneth B ader Case No. 2017-ES-001 21. H56991857A
TTGD of C ertificate of Live B irth S usan W ave M ary Book E ntry

5.01 55.000 X98888132A
TTGD of Social S ecurity Account N um ber 23^ ^ H74 N um ident
5.02 59.000 Book E ntry File Record S usan M ary Doe L97699908G
TTGD of C ertificate of D eath S usan M ary Doe

5.03 55.001 T42988890F
TTGD of George E rn est Doe C ertificate of Live B irth Q89964547D
6.01 56.001
T T G D o f S o c ia l S e c u r it y A c c o u n t N u m b e r 6 5 | ^ B 9 4 N u m id e n t B o o k
6.02 58.000 E n t ry F ile R e c o rd G e o r g e E r n e s t D o e L97555859G
TTGD of C ertificate of D eath George E rn est Doe

. 6.03 56.000 E40666825G
TTGD of M ary M arie Doe CO LB
7.01 45.000 Q64666765I
TTGD of M ary M arie Doe B irth Certificate A20999631A
7.02 45.001
TTGD of M a r y S.S. B o o k E n t ry N u m id e n t A c c o u n t 9 8 1 ^ ^ !
Y83777266G
7.03 45.002
TTGD of M arriage C ertificate 15037379-1
7.04 51.000 T95777094A
TTGD of Book E ntry of B irth C ertificate Donald George Doe
8.01 52.000 B47775368A
TTGD of Book E n try Social Security Account Donald George Doe
8.02 52.001 5 7 |^ |4 7 Y65777363F
TTGD of L au ra M arie Doe Book E ntry B irth C ertificate

9.01 53.000 A32777479A
TTGD of Social S ecurity Account Book E ntry L au ra M arie Doe
9.02 53.001 5 6 H |6 3 X63777949A
1 Note: RR111222333US-001.000 thru RR111222333US-999.999 noticed in Maple County #4301565 #4301566 #4301567 10/18/2011, and Lamar
County, GA Superior Court July 17, 2015 BPA Book 39, pages 987, fully included and attached fu lly herein by reference and made apart hereof.

Political Status - Identity
Affidavit: Proof of Identity, Allegiance, Domicile and Claim of Status on Soil

of Iowa as Identification of Iowan John Henry Doe Private American
National of The United States of America.
Article I. Statement of Intent

i,John,statethetruthonMyOathanddodeclarethefollowingm attersof
factashereinafter:from the beg in n in g , ido h ereby m ake O ath o f A lleg ian ce to
th e K in g d o m o f H eav en u n d er the O ne T rue S ource D ivine G od A lm ighty Ever-
L iv in g G o d -Y H W H “ i am ” o f A ll liv in g h eirs, m en and things as to w hom iserve
u n d e r H eav en on th e p lan e o f earth, and w ith
G o d as m y w itn ess, iam , a true m an o f G od, a
c reatio n b y M y D iv in e C reato r G od,
a c k n o w le d g e all b le ssin g s given by G od. /' a
m
a h eir, a sen tien t m an o f m ind, flesh, blood, and
soul, th e L iv in g h eir— h aeresexassesuns—
an d beneficial ow ner, m o rtg ag ee, and su b rogee
to th e “Jo h n H en ry D o e” u nin co rp o rated
d e c e d e n t’s legal estate o rig in ally n ativ ely
d o m iciled in F ran k lin co u nty, Iow a, andam
k n o w n b y M y o n e p ro p e r and priv ate C hristian
“John",
g iven n am e M y co m m o n n am e— no m id d le n am e— g iv en by
“Henry”,
M y fa th e r an d M y sh ared fam ily n a m e “Doe”, John
h en ce
HenryDoe John
esta b lish e d a fte r m y d ay o f n ativ ity (h erein a fter “ Only in the Status stated herein:
Henry Me,Myself,")
” also “/', th e only real party in interest at all fo b t, "Dae
inesse suijuris
tim es re le v a n t h e re in , an d herein, en dow ed w ith
iam
certain u n a lie n a b le rig h ts; born g ro u n d ed upon the
u n in co rp o ra te d law o f th e L an d and p riv ately o c c u p y in g and p riv ately do m icilin g tem p o rarily at
L ake V illa g e , on th e so v ereig n u n in co rp o rated un io n m em b e r o f the state o f Iow a in its
P erpetual U n io n and S o v ereig n ju risd ic tio n o f th e C o n stitu tio n signed at In d ependence H all, P hiladelphia,
P en n sy lv an ia, on M arch 4, 1789 and v en u e w ith o u t the “ F ederal Z o n e ” w ithin a non-m ilitary occupied
p riv a te e state and n o t su b ject to th e ju risd ic tio n o f the m ilitary occu p ied w ar po w ers “U n ited S tates” nor
the m u n icip al “ D istrict o f C o lu m b ia ” , n o r in clu d ed in the territorial ju risd ic tio n o f A rticle 1 & II u n der
ex tra-co n stitu tio n al d o ctrin es; and,iam a living P rivate A m erican N ational o f T he U nited States o f
A m erica n atio n al o f so u n d m ind, one p e o p le o f “the People” o f w hite private A m erican C hristian
P osterity b irth rig h t, a P ro tected C lass, w h o lly and totally ex cluded from , and deem ed a peaceful “ friend”
n o n -co m b a ta n t by, th e ap p licab ility o f th e d efin itio n “p e rso n ” in the am ended 1917 “T rad in g w ith the
E nem y A c t” titled “ E m erg en cy B an k in g R e lie f A c t” o f 1933, a tru e b en eficially in terested h eir created by
G od, by leg acy , p aren tag e, b lo o d lin e, and b irth rig h t o f the “Posterity ” u n d e r the inherited ru les o f
C h an cery an d inten d to affirm w h a t alread y is— m y priv ate status by ancestral in h eritance, birthright,
legacy, b lo o d lin e, an d by p are n ta g e and by ex p ress allegiance abinitio, iam
and th at haeresex
the h eir—
assesuus — to F ra n k lin c o u n ty S tate o f Io w a issu ed unin co rp o rated reg istered org an izatio n s “JO H N
H E N R Y D O E ” an d “Jo h n H enry D o e” d e c e d e n t’s legal estates now tran sferred to “John H enry D oe
L iving E state T ru st” (“ ” ) on Ju ly 14, 2018 (said estates are h e re in after referred to as “Said Iowa
Persons”) and n o t a statu to ry p u b lic im p lied q u asi-tru stee, n o r R om an C itizen, nor statutory “U .S.
citizen ” , n o r o fficio u s v o lu n te e r su rety for th ird p arty artificial p ersons, n o r a p e rso n ally liable
nom
-de-guerre
R e g iste re d /R e sid e n t A g e n t th ereo f, n o r v o lu n ta rily liable to any n a m es derived thereof,
n o r oath s o r sw o rn statem en ts th e re o f m is-tak en ; and hence therefore, the fo llo w in g testim o n y , facts and
assertio n s co n ta in e d h erein are tru e, co rre c t and co m p lete to the best o f M y cu rren t first han d personal
k n o w led g e, ex p erien ce, and in fo rm atio n , and th a t w h a t relates to the act and deed o f any other, be it an
C op y Claim ed Feb ru a ry 2020

individual or artificial p erso n , i b eliev e in g o o d co n scio u s and g o o d reason to b e true. In th e o ccu rren ce
o f any co n flicts o f in terp retatio n in th is P .R .D . then this “S ta tem en t o f In te n t” shall govern.
Article II. Notice of Conflict or Variance of Law

M y D eclaratio n is to A m en d and all p rev io u s d o cu m en ts th a t / are filed as a m atte r o f record, o r other
public co m m u n icatio n s, in relatio n to M y lin eag e, or M y natural and p ro tected P o litical inclusions,
E quitab le and Legal Interests w ith reg ard s to M y legacy, p aren tag e, B irth rig h t and cu rren t state and
national status and is in ten d ed to co rrect any erro rs in th o se prev io u s d o cu m en ts th a t i m ay have
m istaken ly or in ad v erten tly m ade. In th e ev en t o f co n flict betw een this and any p rev io u s recorded
docum ents, th e statem en t and C laim s in th is D eclaration shall be d eterm in ed to b e M y correct facts on the
m atter. M y rig h ts as a p riv ate civ ilian citizen are in je o p a rd y , and are o f th o se classes, ro o ted in a lofty
C hristian m orality, w hich th e w ritten co n stitu tio n fo r T he U nited S tates o f A m erica either co nfers or
has taken u n d e r its p ro tectio n and no ad eq u ate rem ed y fo r th e ir en fo rce m en t is p ro v id e d by th e form s and
p roceed in g s p u rely legal, and for w h ich th e ir m o d es o f acq u irin g ju risd ic tio n are m ilitary in ch aracter,
the sam e n ecessity in v o k es and ju stifie s, in cases to w hich its rem ed ies can be applied, th a t ju risd ic tio n in
equity v ested b y th e w ritten co n stitu tio n for T h e U n ited S tates o f A m erica, and w h ich can n o t b e affected
by the legislatio n o f th e em erg en cy p ro v isio n al co ngress, th e states or agen cies w h o are su b je ct to the
law s o f the em erg en cy “U n ited S tates” in th e D istrict o f C o lu m b ia. In th e ev en t th e in terp retatio n o f
w ords, d octrines, ideas, p rin c ip le s and law s are in conflict, th en th e in terp retatio n s shall be g o v ern ed by
that o f E ng lish C h an cery ra tifie d b y th e Ju d iciary A ct o f 1789, next, C h an cery D iv isio n o f th e “ su p rem e
court o f the U nited S tates” in p arag rap h one o f Ju n e 19, 1934 o f the 7 3 rd C o n g ress Sess II C H S 651, 652
(P ublic L aw N o . 4 1 5 ), w h ich rig h ts are still left, and A m erican E quity Ju risp ru d e n c e circa A .D . 1776
w hich p ro tectio n -arises u n d e r M y co u n try g o v ern ed by the R efo rm atio n w ritten C o n stitu tio n sig n ed at
Indepen d en ce H all, P h ilad elp h ia, P en n sy lv an ia, on M arch 4, 1789 “We The People'" “T h e C on stitu tion
for the united S tates o f A m e r ic a ” as am en d ed A .D . 1791 A rt. Ill, Sect. 2, subd. 1, M ax im s o f E quity
listed in, and p riv ate tru st law: eq u ity shall alw ay s p re v a il! T ake N o tic e h ereb y th at th e p rim ary equitable
rights exp ressed h erein are n o t co g n izab le at law , m uch less b y m artial m o d es o f acq u irin g ju risd ic tio n ,
and thu s / am w ith o u t a sp eed y , n o r a d eq u ate and co m p lete rem ed y at law and th ere fo re th ere arises a
co n flict o r v arian ce o f th e ru les o f law o v er su b ject m a tter o f th e E x e c u to r’s T ru st T ra n sfe r G ra n t D eed o f
co n vey an ce o f th e S tate o f Io w a/F ran k lin co u n ty issued reg iste re d o rg an iz atio n s “ John H e n ry D o e” and
“JO H N H E N R Y D O E ” resp ectiv ely , to J H D L E T , in relation to M y priv ate citizen sh ip . Said conflict is
govern ed by th e Ju d iciary A ct 1789 in its §11, §16 & §20 and also by im port o f E n g la n d ’s H igh C ourt o f
Ju d icatu re A ct o f 1873 A m en d ed 1875 b o th o f w h ich are attach ed h ereto by re fe re n c e (as w ell as stated
by the S u p rem e C o u rt o f Io w a (D u n n e ll’s 1910 §3140)) “w hen th ere is a c o n flic t b e tw ee n th e rules o f
equity and th e ru les o f th e co m m o n law o v er th e sam e su b ject m a tter the ru les o f e q u ity shall p rev ail” to
the exclu sio n o f g en erally R o m an C ivil law o r R o m a n E quity dujour , statu es and co d es or international
law or m ilitary d o ctrin e b y ap p ly in g th e m ax im “Inclusiouniusestexclusioalterins"
A s a Private A m erican N atio n al & Iow an p arty to the org an ic u n im p e ac h ab le w ritte n C onstitution
signed at In d ep en d en ce H all, P h ilad elp h ia, P en n sy lv an ia, on M arch 4, 1789 “T h e C o n stitu tio n for The
united S tates o f A m e r ic a ” , as A m en d ed 15 D ecem ber A .D . 1791 (h e rein a fter “ M y C o n stitu tio n ”), said
original ro o t o rg an ic dejure L an d ju risd ic tio n o f th e union “T h e U n ited S tates o f A m e r ic a ” by My
co u n try ’s w ritten A rticles o f C o n fed era tio n as ratified by all th irte en original states A .D . 1781
h erein after said w ritten co n stitu tio n an d articles are collectiv ely re fe rred to th ro u g h o u t th is docum ent as
“said U S A ”, as stated h erein th is N o tic e by D eclaratio n h erein is to exp ress su ccin ctly w ith specificity
and p articu larity M y L egal and E q u itab le N a tu re and C h aracter, P olitical w ish es, intent, w ill, purpose and
conscience, i do not v o lu n tarily su rre n d e r an y p art o f M y so v ereig n ty o r L ib erties to any non-R epublican
defacto p ro v isio n al “ em e rg e n c y ” m ilita ry or m u n icip al g o v ern m en t, or in tern atio n al m ilitary law o f
occupation b y o p eratio n o f law or o th erw ise and instead at all tim es i rec eiv e th e p riv a te civilian due
process p ro tectio n s o f M y c o u n try ’s ad o p ted w ritten “T h e C o n stitu tio n fo r T h e u n ited S tates o f
A m erica, as A m en d ed A .D . 1791,” w ith o u t w aiv er o f A rticle I, Sec. 8, c o n stitu tio n a lly lim ited grant o f
Pow ers, on relatio n to th e so v ereig n T errito ry o f th e several m e m b e r union S tates o f th e co u n try o f The

U n ited S ta tes o f A m erica , A D . 1791; and th erefo re, /' am to b e self-g o v ern in g in the w ords w ithin in M y
n a tio n ’s o rig in al ex e c u te d Bill in C h an cery g en esis root title quasi-tru st do cu m en t entitled w ritten "IN
C O N G R E S S , J u ly 4 , 1776. T h e u n a n im o u s D eclaration o f the th irteen united States o f A m eric a "
A .D . 1776 “u n d e r th e L aw s o f N a tu re an d N a tu r e ’s G o d ’’ now in its g lorious tw o h u n dred and forty-
third y e a r o f o u r L ord J esu s th e C h rist A d v o cate M y w onderful C ounselor.
Article 111. Oalh of Allegiance and Personal Covenants

D eclaration s and R ecitals
I _________________________________ , “D e c la ra n t”, JohnHenry Me,Myself”)inesse suijuris,

or “j, and
do so lem n ly m a k e M y O ath o f A lle g ia n c e h erein and state, declare and affirm the fo llo w in g positive
Me
av erm en ts, d ec la ra tio n s and perso n al co v en an ts a p p u rten an t to and M y life estate grounded on the
L and o f unio n so v ereig n S tates and T errito ries o f th e union states co u n try o f T he U nited States o f
A m erica:
1. from th e b eg in n in g , w ith G od as m y w itn ess, /', JohnHenry , a tru e m an o f G od, a creation by My
D iv in e C reato r G o d , ac k n o w le d g e all b le ssin g s given by G od, rep e n t all tran sg ressio n s ag ainst God,
w h ilst I so lem n ly ask fo rg iv e n e ss o f tre sp a sse s ag ain st those I h av e co m m itted ; and, / do h ereby m ake
O ath o f p a ra m o u n t p rio rity A lleg ian ce to th e K ingdom o f H eaven u n d er the O ne T rue S ource D ivine
C reato r A lm ig h ty E v er-L iv in g G od -Y H W H “ i am ” o f All living heirs, m en and th in g s as to w hom i
serv e u n d e r H eav en on th e p la n e o f earth u n d er the firm am ent.
2. /am in fact an d in su b sta n c e by legacy o f nin e gen eratio n s, p aren tag e and b irth rig h t one o f the
haeres—abintestato extestam
b e n e fic ia lly in te re ste d h e ir— entoof“thePosterity
or ” , w ith also
ex p ress, re v e rsio n a ry , and re m a in d e rm an in terest to the Posterity o f “W e the P eop le” by w hom and
fo r w h o m th e co n stitu tio n is g ran ted , settled and estab lish ed acco rd in g to its Pream ble, holding de
jure c o n stitu tio n a l n o n -sta tu to ry P riv ate A m erican N atio n al citizenship co nferred upon M y natural
n ativ ity by th e in h e rite d o rg an ic C o m m o n L aw (n o t R om an C ivil L aw or any m u n icip al or
in tern atio n al law ) secu red by C lau se 5 o f A rticle II, Section I, C lause 4 o f A rticle IV, Section 2, 4
M arch A .D . 1789, and b ro a d e n e d in S ectio n one o f the F ourteenth A m en d m e n t o f the organic
co n stitu tio n 28 Ju ly A .D . 1868 for said U SA . Haeresesteadempersonacumantecessore” the heir
and h is a n c e sto r are o n e and th e sam e person.
3. M y p ro p e r and p riv a te C h ristian n a m e is “ JohnHenry,” M y priv ate surn am e/fam ily nam e at
n a tiv ity “Bader” Me
and, M y m o th e r p riv ately g av e a n am e n o t pu b licly k n o w n p art o f the private
co n fid en tial H osp ital files “ last nam e, first m id d le ” and is legally chan g ed by a
lo v in g ad o p tio n at o r a b o u t fiv e y ears o f age (on or about 1973 A .D .) to w hich no w M y F am ily nam e
“Doe”.
fo r all tim e s re le v a n t is
4. M y c u rre n t p ro p e r and p riv ate C h ristian n am e “JohnHenry” is spelled in low er case letters
w ith o u t c ap ito n y m s and in acco rd an ce w ith p roper rules o f E nglish g ram m ar o f A m erica.
D ep osition o f M y S o v ereign B lo o d lin e & Inherited R ights R ecogn ized by In tern ation al Law
• M axim : “no o n e is h e ir to th e living. ”
• Haeresesteadempersonacumantecessore:“the h eir and h is a n cesto r are one and the sam e person.
T h at is, o n e in rig h t, th e h e ir su cc e e d in g to th e rights o f his ancestor, ju s t as the king n ev e r d ies.”
[G ibson § 64(17), S u its in C h an cery Ju risd ictio n , H igh C o u rt o f Ju stice, E n g lan d & W ales, §2.31
p art 17 2014.]
• H eir: one b o rn in law fu l m atrim o n y , w h o succeed s by descent, and right o f blood, to lands,
te n em en ts o r h ere d ita m e n ts, b e in g an estate o f inheritance. (B o u v ier 1856).
• M ax im Haeresexassesuus, “an h e ir to th e w h o le estate; a sole h eir.”
• “It is an e sta b lish e d ru le o f law , w h ich G od alo n e can m ake an h e ir” (B o u v ier 1856).
5. iam n atu rally d eliv ered on m y day o f n ativity [separated from M y M other] an A m erican Free M an
and so v ereig n p riv a te A m erican n atio n al o f the U n ited States o f A m erica by B irth rig h t on eleven o f
M arch N in eteen H u n d red S ix ty -E ig h t y e a r o f M y L ord and S avior, M y do m icile o f o rigin gro u n d ed
upon th e soil o n /a t/n e a r F ran k lin county, rep u b lican u n in co rp o rated union m e m b e r T h e S tate o f Iow a.
M y law ful a d m ittan ce to said U SA is hereby ten d ered in full abinitio, i ant, and all M y blo o d lin e
ancesto rs or co n san g u in ity are, o f th e A n g lo -E u ro p ea n p atrilin eal descent. / am a p ro d u ct o f a H oly
w ed lo ck b etw een C h ristian m o th e r an d fath er each o f w h o m are heirs and b en e fic ia ries by parentage,
blo o d lin e, and B irth rig h t p assed to th em from the so v ereig n A m erican P eo p le pro tected by said
C o n stitu tio n ; th ereb y , en d o w in g M e as an h eir— haeres — and b en efic iary o f th at constitution by
lineage, p aren tag e, b lo o d lin e, an d B irth rig h t, as w itn essed herein below . M y bride o f T w enty-F our
A pril A .D . 1999 in holy m atrim o n y , Doe, M ary M arie and M y children son S onny C hristian Doe and
d au g h ter L isa M arie D oe also enjoy the sam e statu s plane as M ine, as i state herein to have and to
hold to him and to h er and th e ir heirs, legatees, and d ev isees forever.
6. M y natural b lo o d lin e fath er and m o th e r at n ativity are Joh n K enneth B ader, a Free M an and
sovereign [by B irthright] born O c to b e r 7, A .D . 1944, p ro d u ct o f holy w edlock grounded upon the soil
o f A sh tab u la co u n ty o f th e u n in co rp o rated u n io n m em b er state o f Iow a and Ju d ith H aym an B ad er
(W a v e), and th e re a fter on or ab o u t circa A .D . 1973 M y legal and loving parents b eco m e C h ristian
E rn est D oe and Ju d ith H aym an D oe on S ep tem b er 30, 1973 by court decree o f a lo v in g patern al
adoption in W ash in g to n C ou n ty , Iow a M ay 28, 1976, and parenthood, and the initial H ospital
R eg istration signed and fin g erp rin ted b y Ju d ith H aym an as “ B ader, B A B Y B O Y ” th at m an ifestly
derived— w ith im p licit p riv ity — it is not clear, eith er a “ fo u n d lin g rep o rt” or an Iow a C ertific ate o f
L ive B irth “John H en ry B ad er” Said Iow a P erson s is p laced Sealed by co u rt o rd er in F ran k lin
county, Iow a.
7. T he fath er o f M y m o th e r Ju d ith W a v e H aym an is Stephen C arl H aym an a F ree M an and
sovereign P riv ate A m erican N atio n al & Iow an N atio n al b o rn A .D . 1922 o f h o ly w e d lo c k g ro u n d ed
upon th e soil o f L ick in g county, u n in c o rp o ra ted union m e m b e r state o f Iow a.
8. T he fath er o f Step h en C arl H aym an is J a m es A lb ert H a y m a n a F ree M an a n d so v ereig n P riv ate
A m erican N ational & Iow an N atio n al born A .D . 1890 o f holy w ed lo ck g ro u n d ed upon th e soil o f
L icking county, u n in co rp o rated u nion m e m b e r state o f Iow a.
A rticle IV. S p ecific A u th o rity for M y C laim o f S o v ereig n ty as a M a tter o f L aw
9. M y d o m in an t p rio rity P olitical S tatu s is only g ro u n d ed upon the soil in th at p la n e o f covenants

ap p u rten an t to th e L an d w ithin th e dejure said U SA w h ich is d o m in a n t p rio rity to M y secondary
deriv ativ e “ P eo p le” m em b e rsh ip to th e u n in c o rp o rate d u n ion m e m b er S tate o f Io w a u n d e r “ The
C o n stitu tio n o f th e S tate o f Io w a” estab lish ed A u g u st 29, 1857 A .D . and p ro c la im e d b y its G o vernor
M apleton 28 D ec e m b e r 1860 A .D . h erein in c o rp o rate d by referen ce, M y dejure said U SA , to w hich i
now ad h ere, accept, ack n o w led g e, and ad o p t and giv e M y natio n u n ion state m e m b ersh ip alleg ian ce
and d o m icile n o r freely give M y a lleg ian ce eith er S piritual or Political at any o th er tim e, p lace, space,
plane or to any ju risd ic tio n or illeg itim ate state, i d ecla re as m atter o f fact th at i am and intend alw ays
to be a p riv ate e g ressed n ativ e Iow aan an d in g ressed n atio n al o f Iow a by M y c h o ice o f elec tio n o f
D om icile only as o n e o f th e several States: as th at term “ In h ab ita n t” is u sed P o litica lly and
T errito rially in th e original co n stitu tio n for M y said U SA at A rticle I, Sec 2, p ara g rap h 2, and A rticle
I, Sec. 3, p arag rap h 3.
10. i defend, su p p o rt and ap p ear at all tim es g ro u n d ed upon the soil an d w ith in th at p lan e w ith o u t
bein g subject th e ju risd ic tio n o f th e “ e m e rg e n c y ” w ar p o w ers p ro v isio n al “U n ited S ta te s” .
11. O n the day o f M y n atu ral n ativ ity i am a dejure Private A m erican N atio n al & Io w an o f said U SA
(co m p o sin g th e fifty states) h o ld in g dejure co n stitu tio n al— n o n -sta tu to ry — p riv a te A m erica n
citizenship conferred upon M y natural n ativ ity by the o rg an ic C o m m o n Law p rin cip le (n o t R om an
Civil Law or Law M erch an t) referred to in A rticle II, S ection 1, C lau se 5 and A rtic le IV , S ectio n 2,
C lause 1 and later b ro ad en ed u n d e r S ection 1 o f th e F ourteenth A m e n d m e n t o f said c o n stitu tio n (H ale
v. H enkel 201 U .S .4 3 , 74-7 5 ,1 9 0 6 ).
12. O n the day o f M y n atu ral n ativ ity i am a F ree M an dejure p riv ate c o n stitu tio n al— n o n -sta tu to ry —
sovereign o f T h e U n ited S tates o f A m erica and private o ccu p an t g ro u n d ed upon th e soil w ith in the
nation rep u b lic o f Io w a outside a “ F ederal Z o n e ” and “T e rrito ry ” w ithin a n o n -m ilita ry occu p ied
p riv a te estate, n o t su b je c t to th e ju risd ic tio n o f the ex tra-co n stitu tio n al “ U nited S tates” n o r “ D istrict o f
C o lu m b ia ” n o r “T e rrito ria l” ju risd ic tio n and said de ju re status is defined in A rticle II, Section 1,
C lau se 5, A rtic le IV , S ectio n 2, C lau se 1.
13. O n th e day o f M y n atu ral n ativ ity M y lo v ing M other Ju d ith and F ather Joh n , as like any loving
M o th er an d F ather, w ish and intend th e ab so lu te best, fortuitous, fruitful, successful, im portant,
effectu al, re a l, jo y fu l, em p o w e rin g , o p p o rtu n istic, m erciful, substantial, spiritual and enjo y ab le life
fo r th e ir n ew b orn “ B aby B o y ” b u t they do n o t avail th em selv es o f the k now ledge, doctrines,
p ro v isio n s o f law , electio n s, n o tices, d eclaratio n s and in form ation th at th e ir new bab y boy w ould be
trea te d d o m e stic a lly on his o w n L an d as an en em y bellig eren t, ab sen tee, m o n ster, heath en , chattel, a
b a sta rd ch ild , an d c o n q u ered p riz e /b o o ty o f w ar, and w o u ld also in fact oust th eir in h erent parental
inten t, p u rp o se , d ream s, h o p es, d esires an d w ish es fo r h e r n ew “ B aby B oy” d u ring th e ir short
em o tio n al and e x c itin g and stressful hosp ital stay and thus, in error, u n d er duress, m ak in g a m istake,
th e y did n o t sp ecify th e special p riv a te n a tu re o f the d ep o sit o f M y p riv ate n am e n o r body survey and
p ro p e r p riv a te C itiz e n sh ip statu s w ith th e ir ap p o in ted fiduciary tru ste e/in term ed iary D octor Hart,
M .D . w h o m th e y im p lic itly tru sted to do th e rig h t th in g to prev en t any d egradation o f Me, the new
b a b y ’s legal and e q u ita b le b irth rig h t estate, w hen they accid en tally allow ed for the F ranklin county
State o f Iow a creatio n o f a Said Iow a P erson s to attach liens and su rety sh ip im plicitly to th eir new
B aby B oy; M y m o th e r and fath er th en n e v e r sin ce availed th em selv es o f th e ir rights to correct this
m ista k e /e rro r/ac c id e n t b reach o f re lia n c e o f u n d u e influ en ce from fid u ciaries on w hich they placed
th e ir tru st: “ Fides est obligatio conscientiae alicujus ad intentionem alterius ”"A trust is an
obligation o f conscience o f one to the will o f another. ”
14. O n th e day th e re g iste re d u n in co rp o rated o rg an iz atio n — d e c e d e n t’s legal estate— id entified in the
“ C ertificate o f L ive B irth ” is filed ( ) w ith F ranklin county T H E S T A T E O F IO W A , by
op eratio n o f law o c c u rrin g w h e th e r by w aiv er, silent consent, con stru ctiv e notice, im perfect D eed and
im p erfect a c c e p tan c e and a c k n o w led g m en t, ab an d o n e d estate, or w an t o f o b jection th e re o f by M y
i
m o th er Ju d ith an d fa th e r J o h n , M y rig h ts as a n ew b o rn bab y are sacrificed and becom e, non-
assu m p sit, b y d e fa u lt th e attach ed alien ed p ro perty of, o b lig o r surety for, and as aband o n ed probated
C hattel estate of, as esc h e a te d and n o w u n d er th e im p lied custodial control o f F ranklin county
S T A T E O F IO W A w h e n M y n atu ral m o th er and fath er jo in tly failed to perfect M y private n ature by
exp ress w ritte n ac c e p tan c e o f Me th e ir n e w b o rn bab y boy and co n seq u en tly this in voluntarily
b o n d ed /m erg ed Me into a de facto U .S. C itizen entitled “JO H N H E N R Y D O E ,” a state-created and
reg istered en tity o f F ran k lin co u n ty S T A T E O F IO W A co m m ercial co rp o rate sole and statutory
p u b lic “ U .S . c itiz e n ” u n d e r th e cu sto d ial control o f the de facto p rovisional E m erg en cy W ar Pow ers
M ilitary G o v e rn m e n t o f th e “ U nited S tates” and ex tra-co n stitu tio n al ju risd ic tio n o f the c o n g re ss’
u n lim ite d p o w e r o v e r th e territo ries.
15. By th e ex p ress and re su ltin g tru sts and co d icils arisin g from the T rust T ran sfer G rant D eed
attach ed h e re to and m ad e a p a rt h e re o f Said res Me,
retu rn s to the eq u itab le o w ner h eir acco rd in g to
M axim “Equity regards the beneficiary as the true owner f and said S u retyship is ex tinguished, the
im p lied “m a rria g e ” is n u llified , and M y fo rm er status o f Private A m erican N ational & iow ann o f said
U SA is re sto re d a c c o rd in g to th e fu n d am en tals o f A m erican C om m on Law , M axim s o f E quity, trust
law and E n g lish /A m e ric a n E quity.
16. ip riv a te ly an d sp ecially tak e up h o u se k e e p in g gro u n d ed upon the soil, in g ressed, u n d er a special
and p riv a te a rra n g e m en t at n e a r th e M ap leto n county, at the de ju re b o rd e r lim its o f the
u n in c o rp o ra te d unio n S tate o f Iow a as d escrib ed in its 1857 w ritten co nstitution A rticle 3 “ O ur N am e
and B o u n d a rie s” ; iam a p riv a te o ccu p an t g ro u n d ed upon the soil h o lding P rivate A m erican N ational
citizen sh ip w ith in said n atio n Iow a rep u b lic secured by C lause 5 o f A rticle II, S ection I, C lause 5 o f
A rticle IV , S ectio n 2, 4 M arch A .D . 1789, and bro u g h t forw ard as a b ro adened d efin itio n in Section I
o f th e F o u rteen th A m e n d m e n t o f the o rg an ic co n stitu tio n 28 July A .D . 1868 for said U SA ( Selective
Draft Law Cases , 245 U .S. 366, 389, 1918).
Copy C laim ed F ebruary 2020

17. M y N atio n al F lag is th e civ ilian flag th e R epublic o f said U SA d isp lay in g BZZZZS
F o rty -E ig h t (48) S tars by E x ecu tiv e O rd e r 1637, 29 O c to b er 1912 by P resid en t I I H lI
W illiam H. T aft w h ich civilian flag, rep re se n tin g its n atio n u n d er a republican
form o f g o v ern m en t, does N O T d isp lay gold fringe an d /o r gold co rds w ith l l M M
gold tassels as do m ilitary co lo rs d isp lay ed by the C o m m a n d e rs-in -c h ie f o f the J j J !j !
defacto p ro v isio n al M ilitary G o v ern m en t. M y flag does n o t fly from a ■ *
m ilitary p ole but drap es v ertically as a civilian b anner attached from one end
w ith the blue field and 48 w h ite stars. (F lag at any scale).
18. M y political
bond, oath and
alleg ian ce is to the
U nion republic o f the
country o f Iow a and
its U nion State Flag is
M y flag o f Iow a republic (at any scale).
19. M y dejure Private A m erican N ational

citizen sh ip o f the R epublic o f said U SA is
“paramount and dom inant,” and M y dejure (sw itch around,
citizen sh ip o f th e S tate o f Io w a is s ta te is
“•subordinate and derivativ e'’ to said P rivate param ount)
A m erican C itizen sh ip o f said U SA (SelectiveDraftLawCases, 245 U .S. 366, 389, 1918).
20. M y law is M y fam ily KinsJam
esBible born out o f th e risen Son o f the g reat uttlAM”n (B ible,
E xodus 3:14) g rand and g lo rio u s P ro testan t R eform ation (A .D . 1517-1648) h av in g b irth e d the
M odern Era, p riv ate tru st law , th e p rin cip les, ru les and in h erited M axim s o f C h an c ery /E q u ity and its
ju risp ru d e n c e p ro tected by said C o n stitu tio n A rticle III, S ection 2, parag rap h 1; and, M y W onderful
C o u n selo r is J esu s th e C h rist A d v o ca te.
21. M y H eavenly F ath er the g reat “ “ I A M " ” (E S V B ible, E xodus 3:14) has n e v er g ran ted Me authority
to anim ate, u n d ertak e or m ak e Myself to be equal to a third p arty a ltern a tiv e v o lu n tee r ego artificial
“L E G A L P E R S O N ” o r c o rp o rate sole to escap e liability at any p lace or on any p la n e u n d e r a
subju g ated carnal th eo ry o f lim ited liability, th e use o f w h ich if fo rce d upon Me is in v io latio n o f M y
co n stitu tio n ally p ro tected relig io u s freed o m s and ag ainst M y w ishes, and M y u n lim ited capacity to
extin g u ish all co m m ercial fo rb earan ces u n d er the d o ctrin e o f ex o n eratio n , su b ro g atio n , and m erg er by
M y su p erio r e q u itab le e state in H eaven.
Summary of Declarations and Recitals o f Oath o f A llegiance and Personal Covenants
22. / am a co n stitu tio n ally d efin ed and p ro tected dejure n o n -sta tu to ry P rivate A m e ric an N atio n al and
Iow an o f said U SA o n ly as a “C itiz e n ” reco g n ized in the co n stitu tio n for said U SA at A rticle 1, Sec 2,
parag rap h 3, and A rticle I, Sec. 3, p arag rap h 3, and th erefo re, /' am a c o n stitu tio n a lly ack n o w led g ed
and protected dejure p riv ate C itizen p riv ately living w ith in the u n in co rp o rated union m e m b e r state o f
Iow a b o u n d aries and b o rd ers as d efin ed by th e co n stitutional post office d ep a rtm e n t estab lish ed A .D .
1792, p riv ately and sp ecially d w e llin g w ith in a n o n -m ilita ry occu p ied p riv a te e state o u tsid e a
“ Federal Z o n e ” and not su b ject to the ju risd ic tio n o f the m u n icip al n o r m ilitary “ U nited S tates.”
23. /', claim M y p riv ate so v ereig n status by p aren tage, b irth rig h t and as a d irect b lood d esce n d a n t ab
initio posterity,
A .D . 1730 afo re-stated , i.e., th e o f the P eople w ho form the A m erican union o f the
several states o f T h e U nited S tates o f A m erica, and w ho are rec o g n ize d in tern atio n a lly by K ing
C hristian III o f E n g lan d as sovereign in th e Paris P eace T reaty, A .D . 1783. T h o se p eo p le create and
scribed upon th e w ritten D ecla ra tio n o f In d ep en d en ce, A .D . 1776; the A rticles o f C o n fed e ra tio n ,
A .D . 1776; th e C o n stitu tio n for th e C o m m o n w ea lth o f V irg in ia , A .D . 1776; the w ritten
constitu tio n for T h e U nited S tates o f A m erica, as A m en d ed A .D . 1791; and, also c reate the u n io n o f
the severalStates and land o f T h e U nited S tates o f A m erica , and g ra n t lim ited p o w e rs o f th e ir

sovereigntyto th o se N a tio n -S ta te s fo rm ed th ereby. F urther, they p led g e th eir lives and property to
th e su p p o rt an d d e fe n se o f th e c o n stitu tio n s o f the new ly form ed States to w hich they ^ran t lim ited
p o w e rs o f th e ir s overeignty. A s th e d irect posterityo f th ese p eo p le, im ake M y C laim thru
d ec la ra tio n , p a re n ta g e , b irth rig h t, intent, and by alleg ian ce as a b en eficially in terested m e m b er o f the
co n stitu tio n fo r T h e U n ited S ta tes o f A m erica , as A m en d ed A .D . 1791. iclaim sim ilar status by
in h e rita n c e to , and su b ject of, th e T reaty o f P aris, A .D . 1783, as a m atter o f International Law thereto.
24. T h erefo re, i,J ohnHenry,a p riv a te A m erican citizen national o f said U SA w h o holds the
co n stitu tio n a lly -p ro te c ted fu n d am en tal R ig h t to a civilian due p ro cess o f law th at arises u n d er the
w ritten on p a rc h m e n t co n stitu tio n on both a federal and state level and w ho h av in g no adequate
rem e d y at C o m m o n L aw m u ch less R o m an E quity and overall w ho is legally d isab led w hen M y
m o th e r an d fa th e r u n k n o w in g ly sacrificed M y rights (M axim : “ E quity com es to the aid o f the legally
d isa b le d ” (G ib so n §35) /' re q u ire th erefo re to be u n d er th e ru les o f eq uity w h ere th e Ju d icatu re A ct o f
1873 th a t is im p o rte d into th e Ju d iciary A c t o f the U n ited S tates, to w it: “w h en th ere is a conflict
b e tw e e n th e ru le s o f e q u ity an d rules o f law o ver the sam e su b ject m a tte r the ru les o f equity shall
p re v a il” (G ib so n §8). D ue to M y status iam ex cluded by law from the d u b ious “ E m ergency B anking
R e lie f A c t” th a t in v ariab ly im p o ses a m artial due p ro cess o f law (by w ay o f the am ended “ T rading
w ith th e E n em y A c t” ) on an y artificial “p erso n w ithin th e U nited S tates,” and, iam no longer deem ed
fed eral “p riz e /b o o ty o f w a r,” and,iam o n e o f the S overeign A m erican P eople o f the union country
o f T h e U n ited S ta tes o f A m e r ic a — th e P eo p le, w ho gran ted , settled and estab lish ed the g rand and
g lo rio u s P ro testan t C o n stitu tio n fo r T h e U n ited S tates o f A m erica w ith its P ro testan t B aptist
C a lv in ist-in sp ire d B ill o f R ig h ts fo r th e m se lv es and fo r th e ir P osterity of/by w hichiam a beneficially
interested m em b er. T h is “A ffid a v it: P r o o f o f Id en tity, A lleg ia n ce, D om icile and C laim o f Status
on Soil o f Iow a as Id en tifica tio n o f Iow an Joh n H en ry D oe P riv a te A m erican N ation al o f The
U n ited S ta tes o f A m e r ic a ” su p ersed es and rep laces p rev io u s filing w ith any o th er pu b lic office o f
said Status.
Article V. Verification
Indeclarantstatusw
hereof,i,JohnHenryDoe,inessesuijuris, so lem n ly m ake O ath k n o w in g the
p u n ish m e n t fo r b e a rin g false w itn e ss b efo re A lm ig h ty G od and M en and av er th at it is M y intent to be a
iam
N atio n al an d n o t a citizen o f th e U n ited S tates; th at o f sound m ind and ju d g m e n t, n o t u n der any form
o f th reat, d u ress o r c o ercio n and th a t th e fo reg o in g D eclaratio n o f facts are true, correct, and certain
w ith o u t th e in ten t to m islead , and are ex p ressed w ith in M y w ill, w ish es and intent and p u rpose to support
the law s o f dejure c o n stitu tio n fo r T h e U n ited S tates o f A m erica as A m en d ed A .D .1791 and the
co n stitu tio n o f th e u n in c o rp o ra te d unio n m e m b e r state o f Io w a 29 A u g u st 1857. H av in g herein declared
M y ex p licit in ten t a n d W ill w ith p a rtic u la rity an d specificity, as to m atters o f fact M y said private
A m erican N a tio n a l o f T h e U n ite d S tates o f A m erica & a Iow an national citizen sh ip inesse suijuris
and
capacity am n o t fu rth e r re q u ire d to aver; an d solely by th e G race o f G od do have the H o n o r o f b ein g a
b o n d serv an t o f C hrist.
C op y C laim ed F ebruary 2020

F urther / D eclaran t S ayeth N o M ore.
IN W IT N E S S W FIE R E O F, / h ereu n to set M y hand t h i s day o f ___ in the

Y ear T w o T ho u san d N in eteen o f o u r Lord Jesus the C h rist A dvocate, and o f the y ea r o f in d ep e n d en c e o f
A m erica the tw o h u n d red an d fo rty-third.
(assent, seal , mark and impression)
The D eclaration of In d e p en d en ce a t Large, 4 July, A. D. 17 7 6 \

The U nited S tates of A m erica a t Large, 15 D ecem ber, A. D. 1791
H e r e in T h e S t a te o f l o w a a t L a r g e .il M ay,A .D .1858 SS N o ta r y P u b lic A c k n o w le d g m e n t
H erein The C ounty of M apleton a t Large, 11 May, A. D. 1 8 5 8 )
I, a N o tary P u b lic by said State duly au th o rized , certify th a t I know , o r have satisfac to ry ev id en ce,
that John H enry D oe is w h o se n am e is scribed to the w ithin in strum ent com es befo re m e by special
lim ited restricted m in isterial v isitatio n and a ck n o w led g es sam e th at D eclaran t freely m a rk s and
:
im presses his sig n atu re and seal to this “ Affidavit P roof o f Identity. Mleeiance. Domicile and Claim o f
Status on Soil o f Iowa as Identification o f Iowan John Henry Doe Private American National o f The
Uniled States o f America.'" duly w itn essed by tw o peo p le w h o se A ffid av it o f W itness th at I w itness and
are attach ed , and a c k n o w led g es it to be his ow n freew ill self-determ ined act and volition fo r the uses
and pu rp o ses m en tio n ed in th e d o cu m en t. D o n e t h i s ___________ day o f ________________ , A .D . 2019.
| seal |
N otary P u b lic - sig n atu re

My co m m issio n expires:
“Witness our hands and seals this day of

August, 1916.
“John Doe (Seal)
“Witness.”
Copy Claim ed February 2020 _-|4 -|_

T a b le o f A u th o r itie s (“ T O A ” )
The B ible S tan d ard K in g Jam e s.

E quity Ju risp ru d e n c e V o l. I-V 1905 B y Jo h n N o rto n P o m e ro y , Jr.
Suits In C h an cery 2nd E d itio n 1907 B y H e n ry R. G ib so n .
A P ractical T re a tise O n T h e L aw O f T ru sts V ol. l-li 8th Ed. 1888 B y F re d eric k A lb e rt L ew in.
A T reatise O n T h e L aw O f T ru sts A n d T ru s te e s , B y Ja iru s W are P erry 1872.
G ilbert L aw S u m m aries: T ru sts 13lh Ed. 2 0 0 7 B y E d w ard C. H a llb a c h , Jr.
A T reatise O n C o n v e y a n c in g & T h e L aw O f M e rg e r, V o l. Ill By R ic h a rd P resto n 1829.
C o m m en taries O n E q u ity P le a d in g s 10th E d. 1892 B y Jo se p h S tory.
Federal P ro ced u re at L aw 1908 C .L . B ates.
F ederal E quity P ro ced u re, S u its in E q u ity 1901 C .L . B ates
G eneral R ules o f th e S u p rem e C o u rt o f th e U n ite d S ta te s 1884 S am u el A . B latch fo rd .
M a x im s o f E q u ity
E qu ity Regards D o n e W hat O ug ht To Be D one.
E q u ity S h a ll N o t S uffer A W rong To Be W ith o u t A Remedy.
E q u ity A cts S p e cifica lly, A n d N o t B y Way O f C om pensation.
When C hancery H as J u ris d ic tio n F o r O ne P urpose, I t W ill Take J u ris d ic tio n F o r A ll Purposes.
E q u ity D e lig h ts In E q u a lity.

E q u ity Im putes A n In te n t To F u lf il l A n O b lig a tio n .
E q u ity D e lig h ts To D o C o m ple te Justice, A n d N o t B y H alves.
E q u ity A cts In Personam .
E q u ity A b h o rs A F o rfe itu re .
E q u ity Does N o t R e q u ire A n Id le G esture.
E q u ity S h a ll Take J u ris d ic tio n To A v o id A M u ltip lic it y O f Suits.
E q u ity F o llo w s The Law .
E q u ity S h a ll N o t A llo w A S tatute To Be U sed As A C lo a k F o r F ra u d .
E q u ity W ill Undo W hat F r a u d H a s D one.
E q u ity S h a ll N o t A llo w A T ru st To F a il F o r W ant O f A Trustee.
E q u ity Looks To The In te n t R a th e r Than To The F o rm .
E q u ity R equires D ilig e n c e , C le a n H a n d s A n d G o o d F a ith .
E q u ity Regards The B e n e fic ia ry A s The R e a l O w ner.
E q u ity W ill N o t A id A V olunteer.
E q u ity W ill N o t P e rfe ct A n Im p e rfe c t G ift.
E q u ity Comes To The A id O f The L e g a lly D isa b le d .
S u p e rio r E q u ity S h a ll A lw a y s P re v a il; W here There A re E q u a l E q u itie s The L a w S h a ll P re v a il, O th e rw ise P r io r it y S h a ll P re va il.
H aeredem D eus fa c it, non ho m o. G o d an d n o t m an , m a k e th e heir.

H aeres est ead em p e rs o n a cu m a n te c e sso re . T h e h e ir is th e sam e p e rso n w ith th e a n cesto r.
In restitutio ne m , non in p a e n a m haeres succe dit. T h e h e ir su cc e e d s to th e re stitu tio n n o t th e p en alty .
T he h eir and his a n c e sto r a re o n e an d th e sam e p erso n . T h at is, o n e in rig h t, th e h e ir su c c e e d in g to th e rig h ts o f his an c esto r, ju s t as the
king n e v er dies

RECORDING/TRANSFER Requested Bv:
John Henry Doe, Grantor
WHEN RECORDED MAIL T O :

Jo h n H e n ry Doe T t e e
Jo h n H e n ry Doe L i v i n g E s t a t e T r u s t
123 Main S t , #11223
Maple Tow n, Io w a . RFD 66554.
The U n i t e d S t a t e s o f A m e r i c a .
Real P ro p e rty /R e s N um ber: R e g iste re d W a rra n t/ B o n d N u m b e rs (s):

R R ll. lE E 2 3 3 3 U S - b 3 . D D D Xf l 3 7Th f l 7SA
TRUST TRANSFER GRANT DEED

THE GRANTOR, whose life estate identity is stated in this Trust Instrument Sections 1.01, 1.02, 1.03,
1.04, 1.05a-g, John Henry Doe, upon, for and with lawful valuable consideration tendered below,
Acknowledged and Accepted herein, CONVEYS and WARRANTS to the GRANTEE named and signed below
John Henry Doe Living Estate Trust, o f the country of Iowa at Mapletown county. This conveyance
withdraws/removes the property herein from the public into the Private Living Estate Trust John Henry Doe,
Grantee.
The Following Describes the Property/Trust Corpus, Section:
A. A l l G ra n to r's re ve rs io n a ry in te re s t.
B. A l l G r a n t o r ' s rem ainderm an i n t e r e s t .
C. A l l G r a n t o r ' s i n t e r e s t a r i s i n g fro m h i s s i g n a t u r e , Ta b le of
Sign atures/M arks.
D. A l l G r a n t o r ' s i n t e r e s t a r i s i n g fro m a b s o l u t e d e e d s , m o r t g a g e s , and t h e
r e d e m p t io n r i g h t s t h e r e i n .
E . A l l G r a n t o r ' s i n t e r e s t a r i s i n g from t h e f o r m a t i o n o f t e s t a m e n t a r y ,
r e s u l t i n g , c o n s t r u c t i v e and e x p r e s s t r u s t s .
F . A l l G r a n t o r ' s i n t e r e s t s i n t h e name o f J o h n H e n r y Doe, o r any
d e riv a tio n s , o r v a ria tio n s th e re o f.
G. A l l G r a n t o r ' s i n t e r e s t s i n t h e name o f Jo h n H e n r y B a d e r , o r any
d e riv a tio n s , or v a ria tio n s th ereo f.
H. A l l G r a n t o r ' s i n t e r e s t s i n c o p y r i g h t s , s e r v i c e m a r k s , t r a d e m a r k s ,
le a s e h o ld s , o r lan d p a te n ts .
I n c l u d e d h e r e i n i n f u l l and a t t a c h e d h e r e w i t h b y r e f e r e n c e .
Date Jo h n Henry Doe, G ranto r.
D a te uoe, jo n n Henry,
G rante e /Tru stee
Jo h n H e n r y Doe L i v i n g E s t a t e
Trust.
The United States of A merica • A

The state of Iowa 1 ss V e r i f i c a t i o n and A c k now le dgm en t
The County of Mapletown |
Before me, M arn ie Jane Wipple, N ot a ry Pu blic b y the Stat e of Iowa, d ul y authorized,
e mpo wer ed and a d mi t te d to take ack now ledgements, on this day came b y sp ecial r es t ri c te d
vi sit ati on John Hen ry Doe wi thi n named, known to me to be a p r iv a te Iowan Na ti o na l and
aff ixe d his ma r k upon the abov e "Trust Tr a nsf er Gr an t Deed" in st r um e nt an d ac k n o w l e d g e d
to me that he e x ec u te d the same in his sui juris of his own i nh er ent right a n d cap ac it y
cr eat ed unde r YHWH, the risen Lor d Jesus Christ and that he is the p ro p er au t h o r i t y upon
behalf of whic h he act e d and ex e cu t ed the ins tru m en t b y his sole freewill act an d Deed
freely a nd wi th out any threat, fear, or com pu ls io n for the use s and p ur p o s e s th ere in
e xpr ess ed and in ac c or da n ce with Ma xim s of Eq u it y at the time of the ad o pt i o n of the
C on sti tut ion for the u ni ted States of Ame ric a Decem ber 15, 1791. IN TE S T I M O N Y w h e re o f I
have h er eu nto set m y Ha nd and Seal this _____ da y of Fe b rua ry 2019. W I T NE S S m y ha nd and
official seal.
(S e a l) Notar
My commission expire
"Witness our hands and seals this day of ============

August, 1916.
P riv a te “John Doc (Seal) vate Witness
"Signed in the presence of:
“Witness.”

RECORDING/TRANSFER Requested By:
WHEN RECORDED M A IL T O :
J o h n H e n r y Doe T t e e
J o h n H e n r y Doe L i v i n g E s t a t e T r u s t
123 M ain S t , #11223
M aple T ow n, Io w a . RFD 66 554.
The U n it e d S t a te s o f A m e rica .
Real P ro p e rt y / R e s N u m b er: R e g is te re d W a rra n t/B o n d N u m b e rs (s):

R R lll iE E E 3 3 3 U S - b M . D D D LDDb7TflElDA

1.04, 1,05a-g, John Henry Doe, upon, for and with lawful valuable consideration tendered below,
Acknowledged and Accepted herein, CONVEYS and WARRANTS to the GRANTEE named and signed below John
Henry Doe Living Estate Trust, o f the country o f Iowa at Mapletown county. This conveyance
withdraws/rem oves the property herein from the public into the Private Living Estate Trust John Henry Doe,
Grantee.
The Following Describes the Property/Trust Corpus, Section 1.06:
A. S e c tio n 1 .0 4 , 1 .0 5 a , 1 .0 5 d , 1 .0 5 e , 1 .0 5 g , 1 .0 5 h , in c lu d e d h e re in
i n f u l l and a t t a c h e d h e r e w i t h b y r e f e r e n c e .
The United States of America

K. Ss V e rific a tio n and A ck n o w le d gm e n t
}
The state of Iowa
The County of Mapletown
Befor e me, ___________________________________________ , N o ta r y Public by the State of Iowa,

du ly authorized, em p o w e r e d an d a dm i t t e d to take ack now ledgements, on this day came by
special r e st r ic te d v is i ta t io n John He nr y Doe wi thi n named, known to me to be a private
Iowan Na t ion al and a f fi x ed his m ar k upon the above "Trust T ra n sf e r Grant Deed" instrument
and a c k n o w le dg e d to me that he e xe c ut e d the same in his sui juris of his own inherent
right and c a pa c it y c r ea t ed under YHWH, the risen Lord Jesus Ch ris t and that he is the
p rop er a u t h o r i t y upon b eh alf of whic h he ac ted and ex e cut ed the instrume nt by his sole
freewill act and Deed freely an d wi th o ut any threat, fear, or com pul s io n for the uses and
p ur po ses the rei n e xp r e s s e d an d in ac cor da n ce wi th M axi ms of Eq uit y at the time of the
a do p ti o n of the C on s t i t u t i o n for the u nit ed States of Am er i ca Dece mbe r 15, 1791. IN
T ES T I M O N Y w h e re o f I have he re u nt o set m y Hand and Seal this _____ day of Febru ary 2019.
W I T N E S S m y han d an d o ff ic ial seal.
(S e a l) Notary Public
My commission expires:
“Witness our hands and seals this ................ day of

August, 1916.
“John Doc (Seal)
P] “By John Smith, Agent. P r i v a t e Witness 2
“Witness.”

WHEN RECORDED M AIL T O :

123 Main S t , #11223
M aple Tow n, Io w a . RFD 66554.
Th e U n i t e d S t a t e s o f A m e r i c a .
Real P ro p e rty /R e s N um ber: R e g iste re d W a rra n t/B o n d N u m b e rs (s):

RR111333333US-ti3.DDD C 4 D Ei f l 7 S S BIA

1.04, 1.05a-g, John Henry Doe, upon, fo r and with lawful valuable consideration tendered below,
Acknowledged and Accepted herein, CONVEYS and WARRANTS to the GRANTEE named and signed below John
Henry Doe Living Estate Trust, o f the country o f Iowa at Mapletown county. This conveyance
withdraws/removes the property herein from the public into the Private Living Estate Trust John Henry Doe,
Grantee.
The Following Describes the Property/Trust Corpus, Section 1.06:
I. Th e S t a t e o f Io w a , M aple to w n C o u n ty C o u r t Second J u d i c i a l D i s t r i c t
S p e c i a l T e r m Name C h a n g e C a s e & F i l e N u m b e r 6 9 - C V - 1 1 - 3 1 3 1 , J u d g e
S tephen Jon e s p r e s i d i n g .
D a te John Henry Doe, G ranto r.
D a te Doe, J o h n H e n r y ,
G rante e/Trustee
J o h n H e n r y Doe L i v i n g E s t a t e
Tru st.

U ss V e rific a tio n and
}
The state of iowa
A ck n o w le d gm e n t
Before me, M ar nie Jane Wipple, No t ar y Publi c by the State of Iowa, dul y authorized,
emp o we r ed and a dm i tt e d to take acknow led gem ent s, on this d ay came by special r es t ri c t e d
vis ita t io n John He nr y Doe wi thi n named, known to me to be a p r i va te Iowan N at i on a l and
aff i xe d his ma rk upon the above "Trust Tr a ns f er Grant Deed" ins tru me n t a nd a c k n o w l e d g e d
to me that he ex e cu t ed the same in his sui juris of his own inher ent right a nd ca pa c i t y
cre a te d under YHWH, the risen Lord Jesus C hr ist an d that he is the pr o p e r a ut h o r i t y upon
b eh alf of which he ac te d and e xe c ut e d the ins tru men t b y his sole fr eewill act and Deed
freely and wi th o ut any threat, fear, or co m pu l si o n for the uses a nd pu rp o se s the re i n
exp r es s ed a nd in ac co rd an c e wit h M axi ms of Eq ui t y at the time of the ad op t io n of the
Con sti t ut i on for the u ni ted State s of A m e ri c a D ec em ber 15, 1791. IN T ES T I M O N Y w h e re o f I
have h er e un t o set m y Han d and Seal this _____ day of Fe br u ar y 2019. W I TN ES S my ha n d and
off ic ial seal.
(S e a l) Notary Pul
"Witness our hands and seals this ................ day of

August, 1916.
"John Doc (Seal)
"By John Smith, Agent.
Pr iv a t e W te W i tn es s 2
"Signed in the presence of:
"Witness."

John Henry Doe, Executor/Grantor
WHEN RECORDED MAIL TO:

123 Main S t , #11223
Maple Tow n, Io w a . RFD 66554.
The U n i t e d S t a t e s o f A m e r i c a .
Real P ro p e rty /R e s N um ber: R e g iste re d W a r ra n t/ B o n d N u m b e rs (s ):

R R 1 1 1 E E E 3 3 3 U S - E T .D D E DOflnSSSfiG

THE EXECUTOR/GRANTOR identified in this Trust Instrument Sections 1.01, 1.02, 1.03, 1.04, 1.05a-g, and
Section 2.02, John Henry Doe, upon, for and w ith lawful valuable consideration tendered below,
Acknowledged and Accepted herein, CONVEYS and WARRANTS the below Property “ A ” to the GRANTEE named
and signed below John Henry Doe Living Estate Trust. This conveyance withdraws/removes the property
herein from public and abandoned into the Private Living Estate Trust John Henry Doe, Grantee.
The Following Describes the Property/Trust Corpus:

B. The equitable estate in Social Security Account Number xxxxxxx "JOHN HENRY DOE" a redacted
version shown in Exhibit 2.03 and Original Numident Record Form SS-5 settled bv Betsv Bavman Doe
on or about the year 1984 A.D.. not shown, included in full and attached herein bv reference.
D a te John Henry Doe, G ranto r.
G rantee/Trustee
Jo h n H e n r y Doe L i v i n g E s t a t e
Trust.

t ss V e rific a tio n and A ck n o w le d g m e n t
}
The state of iowa
Before me, ____________________________________________, No tar y Public b y the Stat e of Iowa,

duly authorized, e m po w er e d and ad mi t te d to take ac kno wle dge men ts, on this da y came by
special re st ri ct e d vi sit at i on John Henr y Doe wi thi n named, known to me to be a pri va te
Iowan National and a f f ix e d his mark upon the abov e "Trust T ra n s f e r Gr ant Deed" in str um e nt
and a ck n o wl e dg e d to me that he ex e c u t e d the same in his sui juris of his own inherent
right and c ap ac ity c r e at e d un der YHWH, the risen Lord Jesus Ch ri s t and that he is the
p ro per aut ho r it y upon be ha l f of w hi c h he act ed and ex e cu t ed the in st r um e nt b y his sole
freewill act and Deed freely a nd w ith o ut any threat, fear, or c om p ul s i o n for the uses an d
p u rp ose s th ere in ex p r e s s e d and in ac c or d an c e with Ma xim s of Eq u i t y at the time of the
adop tio n of the C o n s t i tu ti o n for the u ni t ed States of A m er ic a De ce mbe r 15, 1791. IN
TES TI M ON Y wh e re o f I have he r eu n to set m y Hand a nd Seal this _____ da y of Fe br u a r y 2019.
WITN ES S my han d and offi cia l seal.
(S e a l) Notary Public
“Witness our hands and seals this ................ day of

August, 1916.
“John Doc (Seal)
“By John Smith, Agent. i v a t e Witness 2
“Witness.”

John Henry Doe, Executor/Grantor
WHEN RECORDED M AIL T O :

J o h n H e n ry Doe T t e e
J o h n H e n ry Doe L i v i n g E s t a t e T r u s t
123 M ain S t , #11223
M aple Tow n, Io w a . RFD 6655 4.
The U n it e d S ta te s o f A m e rica .
Real P ro p e rt y / R e s N um ber: R e g iste re d W a rra n t/B o n d N u m b e rs (s):

RR111222333US-L.5.DDD DT4134Zb7J

T H E G R A N T O R , w h o s e e q u ita b le and legal e s t a te id e n tity is s t a te d in th is T r u s t In stru m e n t S e c tio n s 1 .0 1 , 1 .0 2 , 1 .0 3 ,
1 .0 4 , 1 .0 5 a -g , Jo h n H e n ry D o e , up o n, fo r, and w ith la w fu l v a lu a b le c o n s id e ra tio n te n d e re d b e lo w , A c k n o w le d g e d and
A c c e p t e d he re in, C O N V E Y S and W A R R A N T S th e b e lo w P ro p e rty “ A " to th e G R A N T E E n a m e d and s ig n e d b e lo w J o h n H enry
D o e L iv in g E s ta te T ru s t. T h is c o n v e y a n c e w ith d ra w s / r e m o v e s th e p ro p e r ty he re in fro m p u b lic and a b a n d o n e d in to th e
P riv a te L iv in g E s ta te T r u s t J o h n H e n ry D oe, G ra n te e .
TJieJ.ollQ.wing Describes t he.Property/Trust Corpus:

C . IN CONGRESS/ Ju l y 4, 1776. The una ni m ou s D e c la r at i on of the th ir tee n united
St ates of A m e r i c a , A.D. 1776. *
D. A r ti c le s of Con fed era tio n, A.D. 1 7 7 6 . *
E. T he C o n s t i t ut i on for th e un ite d St at es of A m e r i c a , w r i tt en on par ch m en t at
In dep en d en c e Hall, Philade lph ia, P en n sy l va n ia Ma rc h 4, 1789 as A m e n d e d 15
D ec e mb e r A.D. 1791. *
* Textual records: The Declaration of Independence, July 4, 1776, "fairly engrossed on parchment,"
as directed by the Continental Congress, July 19, 1776. Copies of the Articles of Confederation,
July 9, 1778; proceedings of the Annapolis Convention, Sept. 11- 14, 1786; and the Articles of
Association, Oct. 20, 1794. Located under authority of the supreme court of the United States
office of clerk said constitution located in General Records of the United States Government
National Archives Under Custodial Control and Care of the National Archives, found at 360.3.6
Founding documents. 11.2 THE CONSTITUTION AND AMENDMENTS. 1787-1992. The National Archives and
Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001, herein fully included
and attached by reference.
D a te Jo h n H e n ry Doe,
Executor/G rantor.
Gra n te e /Tru s te e
Jo h n H e n ry Doe L i v i n g E s t a t e
Tru st.

The State of Iowa ss V e rific a tio n and
} A c k n o w le d g m e n t
Be for e me, ____________________________________________, No tar y Public by the State of Iowa,

d ul y authorized, e m p ow er e d an d a dm i t t e d to take ack now ledgements, on this da y came by
spe cia l re s tr i ct ed v is i ta t io n John He nr y Doe wi thi n named, known to me to be a private
Iowan Na t ion al and aff ix ed his ma r k upon the above "Trust Tr a ns f er Grant Deed" instrument
and a c k n o w l e d g e d to me that he ex e cu t ed the same in his sui juris of his own inherent
ri ght an d c ap a ci ty c r ea t ed under Y H W H , the risen Lor d Jesus Ch ris t and that he is the
p r o p e r au t h o r i t y upon be h al f of wh ic h he act ed an d ex ecu t ed the instrume nt by his sole
fre ewi ll act and Deed fr eely and wit ho ut any threat, fear, or com pu ls i on for the uses and
p ur p o s e s th er ei n e xp r e s s e d an d in acc ord a nc e with Ma xim s of Eq uit y at the time of the
a do p t i o n of the C o n s ti tu t io n for the u ni t ed States of Ame r ic a December 15, 1791. IN
T ES T I M O N Y whe re of I hav e he re u nt o set m y Hand and Seal this _____ day of Feb rua ry 2019.
W I T NE S S m y h a nd an d o ff ic ial seal.
(Seal) Notary Public

“Witness our hands and seals this ................. day of

===== August, 1916. =====================
“John Doc (Seal)
P riva “Richard Roe, (Seal) r i v a t e Witness 2
“Witness.”
_ | A , _ , , ADD CO NSIDERATION
Example Acceptance Standard---------------------
Notice of Acknowledgement, Receipt, and Acceptance
To: Postmaster General, c/o Post-Office Department, 'i

c/o The United States Postal Service I
do “United States” ( Administrators as implied grantors, hereinafter “Grantors”
c/o The United States o f America circa 1791. J
From: D oe, J o h n H e n r y , grantee, private citizen o f die United States privately and specially residing and domiciling outside a
‘Tederal Zone” within a non-military occupied private estate not subject to the jurisdiction o f the “United States.”
Re: June 24, 2010 USPS Registered Mail Account Number R R 111 222 333 US, hereinafter “ACCOUNT,” signed by grantee.
L E T IT B E K N O W N B Y A L L M E N A N D P E R S O N S W O R L D W ID E B Y T H E SE W O R D S,
/, the undersigned, D o e. J o h n H en ry grantee herein, a private Am erican C itizen o f the union o f
States o f A m erica, by m y freew ill act and D eed, execute this D eed o f m y acknowledgm ent, receipt
and acceptance abinitio for private law ful consideration o f one stamp o f three cents law ful currency
o f post o ffice o f The U nited States o f A m erica canceled/signed by grantee, and other sufficient
valuable law ful consideration tendered by grantee, on F eb ru a ry 24, 2010 for absolute estate in/for
above referenced A C C O U N T and A ll attachments and transmutations therefrom pursuant to
Equitywillnotaidavolunteer;Equitywillnotperfectanim
M axim s o f Equity: “ perfectgift;
W herethereareequalequitiespriorityprevails;w herethereareequalequitiesthelawshall
prevail.”
Perform ed under m
yhand and seal freew ill act, volition and D eed:
Private W itness. W ithout Prejudice. D oe, John H en ry, g ra n tee.
Private citizen o f The U nited S ta te s o f A m erica. Privately resid in g/d om iciling

'Witness our hands and seals this ................... day of o u tsid e a "Fede 'a l Zone" w ithin a non-m ilitary o ccu p ied private e sta te
August, 1916. w ithin a union m em b er sta te . Mail In Care Of: g e n e r a l-p o st O ffice Box
“John Doc (Seal) 1 1 1 1 1 1 , City o f M aple. S ta te o f Idaho. Postal C ode [3 3 3 4 4 4 ], The United
“Richard Roe, (Seal) S ta tes o f A m erica.
"By John Smith, Agent.
“Signed in the presence o f :
“W itness.”
The Declaration of Independence at Large 4 July 1776

The United States of America at Large 15 December 1 7 9 1 1
Scribes and Affirms N otary A ck n o w led g m en t
state at Large 11 May 1858
county at Large 11 May 1858
rhis instrument was acknowledged before me o n ________ .b y . [stamp]
Notary Public - signature:

My commission expires: _
Drafted By: Doe, John of th e U.S.A.
Copy Claim ed February 2020 149-

c iv ilia n c o v e r s h e e t
complainant , sealed defendant: sealed

county: m aple co u n ty /v ario u s: various
county w here cause arose: m aple
Complainant is an o rth o d o x A m erican and private citizen o f the united states

o f A m erica, residing w ithin non-m ilitary occupied private estate in o f o f the
several states, beneficiary to the national interest o f the D istrict o f
C olum bia charter,
ex parte
united states co u rt o f appeals register o f chancery
special cause, special session
nature o f an original bill in equity for declaratory, special, general, and

injunctory relief to enforce express private trusts
D irect Judicial P o w er authorized by A rticle III and the laws o f the U nited
States co n ferred by T h e Judiciary A ct o f A .D . 1789 § 11, § 16, § 20, first
congress session one.
extra & special term .
nature o f bill is extraordinary u n d er judicial pow er, special and private,

restricted, and confidential proprietary and privileged, n o t for publication
class action: no
dollar dem and: no
jury dem and: no
SAMPLE COVER LE T T ER TO SPECIAL CLERK AND M ASTER
The H onorable C lerk a n d M a s te r
united sta te s c o u r t o f a p p e a ls fo r th e fe d e ra l c irc u it
city, state
united sta te s o f a m e ric a
dear clerk,
the suit in c lu d e d h e r e w ith is a s p e c ia l c a u s e r e la tin g to e v id e n c e a n d d o c u m e n ts o f a p r iv a te p r o p r ie ta r y a n d
confidential n a tu r e , w e r e q u e s t th e fo llo w in g sp e c ia l r e q u ir e m e n ts by th is h o n o r a b le c o u r t b e m e t in o r d e r to
protect an d p r e s e r v e th e e n d s o f ju s tic e a n d th e r ig h ts a n d in te r e s ts o f th e p a r tie s to th is su it:
1. grant s u ito r le a v e o f th e c o u r t to e n t e r in to th e e x c lu siv e o rig in a l ju ris d ic tio n o f e q u ity
2. seal th e c a u s e o n th e r e g is te r in c h a n c e r y
3. co m m ent s u it a n d p ro c e e d u n d e r se a l, ex p a r te
4. assign ju d g e u n d e r a u th o r ity o f a r tic le III, §2, s u b d . 1 o f th is c o n s titu tio n fo r th e u n ite d s ta te s o f A m e ric a
I 5. sch edule e v id e n tia r y h e a r in g w ith ju d g e in p r iv a te c h a m b e rs to e n te r p r iv a te , p r o p r ie ta r y e v id e n c e in
| support o f th e su it.
6. th at th e h o n o r a b le c o u r t g r a n t a n im m e d ia te re v ie w d e te r m in a tio n
7. issue p ro c e s s in th e fo rm o f th is c o u r t's s u b p o e n a
the s u it to b e sp e c ia lly d e p o s ite d o n th e r e c o r d a r e in c lu d e d h e r e w ith as follo w s: 1) m o tio n fo r le a v e o f th e
court to e n te r in to th e o rig in a l e x c lu siv e ju r is d ic tio n o f th is c o u r t a n d p e titio n to sea l, ex p a r te 2) n o tic e o f
conflict a n d v a ria n c e , o rig in a l bill, 4 ) a ffid a v it in s u p p o r t o f bill, 5) ta b le o f a u th o r itie s 6) n o tic e o f th e la w o f th e
trust 8) n o tic e o f th e la w o f th e su it.
please c o n ta c t m e if i m a y b e o f a n y h e lp to y o u o r y o u r staff, y o u r p r o m p t a tte n tio n in th is m a tte r is g re a tly
a p p re c ia te d a n d i th a n k y o u in a d v a n c e fo r y o u r s e rv ic e in th is c a u se .
y o u rs tru ly ,
d o e , jo h n h e n ry
S u ito r
c /o a d d re ss
u n ite d s ta te s o f a m e ric a .
C op y C laim ed February 2020

s p e c ia l c a u s e [ h a n d w ritte n ]
c o u r t o f a p p e a ls o f th e u n ite d s ta te s fo r th e fe d e ra l c irc u it
i.
c o m p la in a n t: u n d e r s e a l d e fe n d a n t: th e jo h n h e n r y d o e e s ta te , e t al.
c o u n ty : m a p le u n d e r se a l
c o u n ty w h e r e c a u s e a r o s e : m a p le c o u n ty : m a p le
ii.
e x c lu siv e e q u ity ju r is d ic tio n u n d e r a r tic le iii §2 s u b d iv is io n 1 o f th is w r ttie n c o n s titu tio n fo r th e u n ite d s ta te s
o f a m e ric a .
iii.
c o m p la in a n t is a p r iv a te c itiz e n o f th e u n ite d s ta te s , a m e ric a n n a tio n a l, p riv a te ly r e s id in g w ith in th e u n io n
m e m b e r s t a te o f io w a , w ith in a n o n - m ilita r y o c c u p ie d p r iv a te e s ta te a n d o u ts id e a "fe d e ra l d is tric t" a n d n o t
s u b je c t to th e ju r is d ic tio n o f th e " u n ite d s ta te s " .
iv
a p p e a l to c h ie f ju s tic e o f th e u n ite d s ta te s fo r th e fe d e ra l c irc u it fo r p r iv a te e v id e n tia ry h e a rin g in c h a m b e rs
v.
n a tu r e o f s u it is e x tr a o r d in a r y , sp e c ia l, e x ig e n t a n d p r iv a te r e s tr ic te d , c o n fid e n tia l, p r o p r ie ta r y a n d p riv ile g e d ,
n o t fo r p u b lica tio n .
vi.
th is s p e c ia l c a u s e is m is c e lla n e o u s filin g o n th e r e g is te r in c h a n c e ry p u r s u a n t to th is c o n s titu tio n fo r th e u n ite d
s ta te s o f a m e ric a , a r tic le iii §2 s u b d iv is io n 1 to e n fo rc e a p r iv a te e x p r e s s tr u s t; ju d ic ia ry a c t 1 7 8 9 § 11, § 16, §20,
f irs t c o n g re s s s e s s io n o n e.
vii.
c la ss a c tio n : no
d o lla r d e m a n d : n o
ju r y d e m a n d : n o
viii.
th is c a u s e is n o t r e la te d to a n y o t h e r a c tio n a t law .
C o p y C la im e d F eb ru a ry 2020
John Henry Doe
Private Citizens of the United States
Non-domestic, without the "United States"
c/o 123 main street, town, state.
The united States of America.
$ 1 0 .0 0 . Ten Dollars
Silver Certificate specie of the United States of America
[FOR EXAMPLE, USE FOR TENDER FOR ACCEPTANCE]
B 2 9 9 8 7 8 5 4 A
U.S. Postal Money Order (USD$315.00)
2 3 6 9 4 4 7 6 5 3 1
( c l e r k s ig n and stam p copy f o r r e c e i p t t o be r e tu r n e d t o a p p lic a n t )

Issuanco of R e c e ip t by C lo rk of C ourt
F o r L a w f u l , V a l u a b l e , and S u f f i c i e n t C o n s i d e r a t i o n d e l i v e r e d v i a
R e g i s t e r e d M a i l RE 636 836 987 US t h e r e c e i p t o f w h i c h i s a c k n o w l e d g e d b y
t h e u n d e r s i g n e d f o r an a p p l i c a t i o n e n t i t l e d " E x Parto Petition for Decree
for X XXXXXX and other general and special relief" e x e c u t e d May x x , 2 0 1 7 b y
Joh n H en ry Doe, a p p lic a n t, payor & su re ty.
P le a s e m a i l c o p y t o :
c / o 525 m ain s t r e e t , town. Date

state.
[ p o s t a l code 1 2 3 4 5 6 ] s ig n a tu r e o f r e c e ip t is s u e r , title and d a te .

S p ecial D ep o sit fo r C re d it on A ccount o f a ll o b lig atio n s o f P riv a te E state T ru st A ssets hereby
tra n s fe rr e d , conveyed , an d d e liv e re d to P riv a te T ru st D eed R R 1 1 1 2 2 2 3 3 3 U S -0 1 .0 0 1 without
re c o u rse .
[FOR EXAM PLE, EN DO RSE M ENT ON BACK OF A TENDER OF COIN AND DOLLAR,
M AKING IT YOUR OWN PRIVATE INSTRUM ENT]
Standard
Endorsement
template
b y : ___________________________ d a t e : ____________T tee w ith o u t re c o u rse

G ra n to r/ S e ttlo r, D ep o sito r, Subrog ee, Payee, A tto rn e y In Fact.
DMV, when you pay the DM V for anything.
jo h n henry; Fam ily D oe (unincorporated)

Private civilian o f the United States,
heir to the decedent’s legal estate
John Henry Doe o f maple county, state o f iowa.
c/o main street - 544, mapletow n, iowa
Registered Mail No. RE 123 123 123 US
Tuesday, April 26, 2014

To/intended recipient: Mona Dearly
occupant o f the office o f Commissioner
Iowa Department o f Public Safety Driver and Vehicle Services
445 Iowa Street, Suite 175
Mapletown, Iowa 65498
N o tice o f S tip u la tio n s by S u rety /S u b ro g ee
RE: STATE OF IOWA Plate “XCV 567” Vehicle ID Number “ 1FTPW3214FA6587 Title “GHG2323FGD”, and, Driver’s
License Account Number H0326598741 “JOHN HENRY DOE”, herealler referred to as “A c c o u n ts” ;
Greetings Mona;
I instruct the office o f commissioner, its Department at Large and its agents to take notice and acknowledgement o f the following:
a) the papers and letters herewith endorsed to charge Principal Debtor identified in A n n e x D below, Renewal Notice
(A n n ex B);
b) a copy o f a serialized indemnity bond issued by principal debtor “John henry Doe o f Maple county, Iowa”, and United
States o f America (A n n e x C);
c) Notice o f Subrogation and Substitution o f All Creditors o f above referenced A c c o u n ts (A n n e x A );
d) an authenticated Iowa Assumed Name Certificate (A n n e x D);
e) an authenticated “Declaration o f Status o f Doe,johnhenry. American Freeman, private civilian o f the United
States/American national” (A n n e x E ).
S tip u la tio n s
I (hereinafter “Surety”) am not a volunteer to A c c o u n ts per A n n e x F relating to A c c o u n ts, but still this adhesion arrangement
without other sufficient consideration and enforced by your bond statutes, codes, regulations, and Emergency Banking Relief Act
of 1933, in which I am excluded, devolves upon me as secondarily liable for A c c o u n ts and surety therefore, and that is an
equitable suretyship for which Surety entitled to require the following non-negotiable and irrevocable stipulations:
f) Surety is not the Registered Agent for A c c o u n ts and that all service o f process be served upon the Principal Debtor of
the State o f Iowa identified in A n n ex D;
g) if any claim, citation, infraction, assessment, charge, levy, lien, or encumbrance be brought against Surety or Surety’s
property to satisfy any A c c o u n ts liability where it is shown that the Principal Debtor refuses to pay or isinsolvent surety
shall require that all due process be brought within the protections and security o f private civilian due process o f law
protected under the written Constitution o f the United States o f America o f Article III, section 2, subd. 1;
h) that any military or municipal jurisdiction proceeding by Creditor against Surety or military or municipal mode o f
acquiring jurisdiction over Surety to be void and abated on their face in violation o f “g” above.
If either o f these stipulations be violated then the Creditor shall immediately exonerate me as secondarily liable o f this A cco u n ts,
me, from any liability whatsoever and all surety’s interest from subrogation to A c c o u n ts shall stay in effect for A c c o u n ts.
Silence is Acquiescence to these stipulations; a general response on your part is a nullity and deemed acquiescence.
Govern yourself accordingly,
All rights reserved without prejudice. Attorney In Fact.

1 N otice o f Subrogation and Substitution
] (notice to agent is notice to principal; notice to principal is notice to agent)
In Re: STATE OF IOWA Plate “XCV 567” Vehicle ID Number “ 1FTPW3214FA6587 Title “GHG2323FGD”,
and, D river’s License Account Number H0326598741 “JOHN HENRY DOE” hereinafter “Accounts”;
Respondents: The unincorporated union State o f Iowa at Large, )

THE STATE OF IOWA, )
The U.S. Departm ent o f Transportation, ) Jointly/severally subrogors,
The United States Government at Large, ) hereinafter “Subrogors”
It’s officer, agents, assigns, and liaisons, similarly situated persons; )
Doe, jo lt n henry, private civilian o f the United States/American national, heir, payee, attorney in fact, equitable
surety for Accounts (hereinafter “Subrogee”) to the rights o f the above referenced Subrogors, and secondarily
Claimant:
liable to principal debtor “JOHN HENRY DOE o f Maple county, State o flo w a ” identified in Annex D herewith,
unincorporated decedent’s legal estate (hereinafter “Debtor”).
Take notice and acknowledgem ent that the undersigned, i, D o e ,jo h n henry, subrogee, payee, attorney in fact, “Subrogee”, a private civilian
civilians o f the United States/American national, contributing heir and implied surety to Debtor for the above referenced Accounts, now coming
as surety/subrogee, hereby solemnly certify and declare that due to secondary liability and compulsion to undertake secondary liability and pay
on behalf o f Debtor in Annex B, and to protect my good name due to fraudulent concealment, duress, implication, and/or compulsion to avoid
destruction o f my pursuit o f happiness and destruction o f my liberty i now intervene as implied surety on behalf o f above referenced principal
Debtor, and to protect against the unjust enrichment to the Subrogors, i, Subrogee, do hereby invoke my equitable right to subrogation and
substitution to the rights o f all C reditors-Subrogors and do hereby stipulate civilian due process protections to all claims arising from the above
referenced Accounts by all Creditors concerning all forbearances upon Subrogee originating from the Accounts and principal Debtor’s insolvency
if any. Now as a m atter o f course, Subrogee stipulates Creditors-Subrogors to discharge at all times and extinguish the liens, levies, seizures and
obligations against Debtors and Subrogee at all times and duly record for the record the following notations o f record on Accounts: “Five Hundred
Thousand Lawful United States Dollars ($500,000) for violation o f civilian due process - Not For Hire - Non-Commercial - Non-Filer - Do
Not Detain - Do Not Stop”, and further restore to Subrogee all Creditors’ secured interests, any/all Subrogees’ collateral, Vehicle Manufacturer’s
Certificate o f Origin, payments, rents, interest and securities o f Accounts o f principal Debtor; further said funds shall be protected at all times on
special deposit in the bailm ent care o f the occupant Commissioner o f the State o f Iowa in the name “ RR123456789US-44”. See Annex D “Name
Holder” and identity o f S ubrogee/heir and the principal Debtor attached.
In Witness W hereof, i hereunto set My hand this day o f in the year Two Thousand Fourteen o f our Lord Jesus the
Christ Advocate and o f the independence o f the Sovereign union country o f The United States o f America the tw o hundred and fortieth
on/at/near the City o f M apletown, State o f Iowa unincorporated union member.
private witness - attester. Doe, John henry, subrogee, payee, Attorney In Fact.
Private civilian o f the United States. Private civilian o f the United States.
W ithout prejudice. Without prejudice.
T h e D e c la r a t io n o f I n d e p e n d e n c e a t L a r g e , 4 J u ly , A . D. 1 7 7 6
T h e U n it e d S t a t e s o f A m e r ic a a t L a r g e , 1 5 D e c e m b e r , A . D . 1 7 9 1
scribes and affirms - Acknowledgment
H e r e in t h e S t a t e o f I o w a a t L a r g e , 1 1 M a y , A . D. 1 8 5 8
H e r e in t h e M a p le c o u n t y a t L a r g e , 1 1 M a y , A . D . 1 8 5 8
This instrument is acknowledged before me o n __________________________ by Doe, iohn henry. |seal|

My comm ission expires _

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Suretyship
Author: Roark Schwagerl Notebook: A GENERAL BOX
Tags: Bingo, Seminar, suretyship,
Created: March 30, 2016 at 12:54:14 PM
subrogation, Gibson
Updated: May 9, 2016 at 2:26:15 PM
BINGO! §962 Gibson: Suretyship, Subrogation & Substitution,

Exoneration.
BINGO! §962 Gibson: Suretyship, Subrogation & Substitution, Exoneration.
§962. Suits for Exoneration of Sureties: Entire good faith is required between debtor and
creditor and sureties. And if a creditor does any act affecting the surety, or if he omits to do
any act of duty which he is required to do by the surety, or otherwise bound to do, and
that act or omission may prove injurious to the surety; or if a creditor enters into any
stipulations with the debtor, unknown to the surety, and inconsistent with the terms of the
original contract, the surety may set up such act, omission or stipulation, as a defence to
any suit brought against him, in a Court of law or Equity. So that if a creditor stipulates with
his debtor, in a binding manner, upon a sufficient consideration, to give further time for
payment, without the consent of the surety, the latter [surety] will be thereby discharged, if
the arrangement might be injurious to him. Mere delay on the part of the creditor, at least if
some other Equity does not intervene, unaccompanied [in the negative] with any valid
contract for such delay, will not [in the negative] amount to laches,[no how much time passes
without lawsuit you are still the surety] so as to discharge the surety; for the creditor is
under no obligation to press the principal for payment. However, sureties are not
obliged to w ait fo r the ir principal to bring suit, bu t are entitled to come into a Court of
Equity, after a debt has become due, and compel the debtor to exonerate them from
the ir liability by paying the debt.[bue process to treasurer of birth county?] If a surety
requests the creditor to sue forthwith, stating that he will consider himself no longer bound as
surety if the creditor fails to do so, he will be discharged by the creditor's failure so to sue, if
his principal was solvent when the notice was given, but becomes insolvent after the
expiration of the time probably required to prosecute the suit to judgment if it had been
promptly instituted as requested.
Elements to exonerate
§963. Frame and Form of Bill for Exoneration of Sureties.—The bill must allege
(1) the fact of suretyship and how arising, [i signed the paperwork, i am not the debtor - name
holder]
(2) the solvency of the principal debtor when the right of action on the obligation accrued, [it
is unknown if the BC is insolvent]
(3) that, after such right accrued and while the principal was solvent, complainant notified the
creditor to bring suit at once on said obligation or he, the complainant, would stand as surety
no longer, [do equity - give notice to creditor to demand he bring suit or i will no longer stand
as surety]
(4) that after such notice the creditor failed to sue in a reasonable time,[SOI of the Notice and
failure]
(5) that in the interim between such notice and the bringing of suit by said creditor, against
complainant on said obligation the principal debtor became insolvent, and [it is unknown if
the BC is insolvent]
(6) should pray that said creditor suit be enjoined and complainant discharged from liability
on said obligation.
SUITS FOR SUBROGATION.

§964. Suits for Subrogation and Substitution: Subrogation is the substitution of one
person in place of a creditor. [Ill] whose debt he has paid under compulsion not being
liable primarily therefor, and to whose rights as to the collection of that debt he,
thereupon, succeeds, [that’s the merger!!!] So, whenever a surety, or other person
secondarily liable, discharges a debt, he [the surety] is entitled to the benefit of all collaterals
or liens which the creditor held as security [that’s the merger of the liens!!!]; and the person
secondarily liable is entitled to be subrogated to the rights of the creditor against the
person primarily liable. In such cases, Equity regards the payment by the surety, or other
person secondarily liable, as equivalent to a purchase of the creditor's rights, equities
and collaterals as against the debtor primarily liable; and the Court will treat such payor
as an assignee of the creditor, to that extent. So, a creditor is entitled to the benefit of
any indemnity [see §685], or collateral security, given by the debtor to his surety. Where,
in any case, one not primarily liable pays a debt, or discharges an encumbrance or lien, being
under legal compulsion so to do. he will in Equity be substituted to all of the creditor's
rights against the person primarily liable.
[Notice how he never says that the Surety “ must” sue the debtor - it’s never ever put that
way; rather, it’s saying that you take over for the Creditor, and that’s that - it’s “ merger”
and “extinguishment of the debt, lien, encumbrance, poof, gone!]
The following are the most usual cases of substitution and subrogation:
1. "Where a surety discharges the debt or obligation of his principal, [every payment you ever
made in life was as the Surety, not the Principal Debtor- let that sink in}
2. "Where a co-surety pays a judgment that is a lien on the other surety's land.
3. "Where anyone not primarily liable pays the debt or discharges the obligation of the
one primarily liable, [we’ve been paying the debts of the ALL CAP since 15 days after our
birth - time to subrogate or exonerate, and seek restitution!!!]
4. "Where a purchaser, for his own protection, discharges an incumbrance on the
purchased property. [Due to threat they take your house, car, money, children, liberty, turn
off your lights, turn off your cellphone, etc - you pay the debt for the Principal debtor]
5. "Where a junior encumbrancer for like reason pays off a prior encumbrance, [merger and
extinguishment],
6. "Where a person advances money to discharge an incumbrance on an agreement that he
should succeed to the rights of the encumbrancer.
7. "Where a devisee, heir, or legatee satisfies a debt against the estate for which others are
equally liable, [this is us....the debtor is a “ decedent’s legal estate, we are the heir, and we are
paying the decedent’s debts all this time - the STATE is the estate’s administration.]
8. "Where any person, for his own protection, or the protection of some interest he
represents, pays a debt for which another is primarily liable, [that’s compulsion - whether

you signed or not - you are dragged into this suretyship because otherwise they will take your
property, money, cut off your lights, etc]
9. "When an insurance company pays in full a loss, it thereby becomes subrogated to the
rights of the insured against the party causing the loss, and against other insurers. [2016
SCOTUS - “ Montanile” case already looked at.]
§965. Form of Bill for Subrogation and Substitution,

more elements from web -
1) the plaintiff-surety conferred a benefit upon a defendant-creditor by paying the debtor’s
debt;
2) the defendant had knowledge of such benefit - from notice;
and under circumstances where it would be unjust for him to retain the benefit without
payment (paying back the surety.).
See more at:
http://subrogation.usleQal.eom/subroaation-and-liens/#sthash.Mgvad8pu.dpuf
Exonerated:
1) Demand to the Principal to pay the debt or you will be discharged.
2) Request to creditor to sue the BC or you will no longer be bound
NO. 5 says "when the BC is shown to be insolvent then the surety is discharged
Example, I, the surety, under legal compulsion to do so, hereby having made all the payments
for and on behalf o f the principal debtor since the beginning do notice all parties that i am
subrogated to the rights o f the creditor in this (all) transactions.
Example, I, the surety in this matter, for my own protection , do hereby make the payment to
protect my private person property as the Surety to the Principal Debtor; and furthermore,
give notice that I as Surety am the subgrogee and that you, the Bank, Creditor are the
subrogor. You hare hereby noticed o f my sole exclusive act to subrogate you to my rights as
the surety.
§683 Gibson - for by the original bill, where facts which have since occurred may require it.
Thus, if a surety, while seeking indemnity against his principal, has the debt to pay, he must
by supplemental bill bring this fact before the Court.
6. By Fledge of Property to Secure the Debt of Another.—-Where a

person pledges or m ortgages his own property to secure the debt
of another, the property so pledged or m ortgaged occupies the
position of a su rety.1
§962 963 G ib so n E x o n e ra tio n o f S u re ties copy
SUITS FOR E X O N E R A T IO N 962. Suits fo r Exoneration o f Sureties. § 963.

Frame and Form o f Bill fo r Exoneration o f Sureties.
§962. Suits fo r Exoneration o f Sureties.

Entire good faith is required between d e b to r and c re d ito r and sureties.
And if a c re d ito r does any act affecting the surety, o r if he om its to do any act of
duty which he is required to do by the surety, o r othe rw ise bound to do, and
that act o r omission may prove injurious to the surety;
• did the C re d ito r do A N Y act affecting you?

• did the C re d ito r o m it to do any act affecting you?
• was the C re d ito r required to do anything by the Surety/you? D id you
appoint the C reditor? D id you deliver coin /d ollar to settle? D id you
demand discharge as Surety to C reditor?
• did you stipulate the injury th a t w ould occur to you if the C re d ito r did
n o t apply the Special Deposit?
o r if a c re d ito r enters into any stipulations w ith the debtor, unknow n to the
surety, and inconsistent w ith the term s o f the original co ntract, the surety may
set up such act, omission o r stipulation, as a defence to any suit brought against
him, in a C o u rt o f law o r Equity.
• Did you know the p o w e r o f the Surety is to Stipulate to the C reditor?

Did you serve y o u r Stipulations upon the C re d ito r at closing, o r later, o r
before the transaction?
• Did you demand full disclosure o f the contact the C re d ito r has w ith the
ALL C AP name Social Security Card o r B irth C ertificate?
• Did you make a list o f defenses o f the stipulations you made to the
C re d ito r and the C re d ito r did n o t do?

So th a t if a c re d ito r stipulates w ith his debtor, in a binding manner, upon a
sufficient consideration, to give fu rth e r tim e fo r payment, w ith o u t the consent
o f the surety, the la tte r w ill be thereby discharged, if the arrangem ent m ight be
injurious to him.
• was th e re a sufficient consideration tendered to D e b to r w ith o u t you r

knowledge?
• did the C re d ito r extend term s fo r payment th a t was n o t noticed to
Surety/You?
• can the C re d ito r prove he has consent fro m the Surety to deal w ith the
D ebtor?
o “ Hi Bank, am i the D ebtor? (yes) O k, before we discuss anything
d ire ctly do you have the consent o f the Surety to even talk to me?
The Surety is now discharged because you are talking to the
D e b to r w ith o u t the Surety’s consent. H o w can i kno w if o u r
arrangem ent be injurious to the Surety?
o Is the Surety consenting to this arrangement, and you could be
injuring the Surety if i have m ore tim e to pay.
Mere delay on the p a rt o f the creditor, at least if some o th e r Equity does not
intervene, unaccompanied w ith any valid co n tra ct fo r such delay, w ill no t
am ount to laches, so as to discharge the surety;
• I, the Surety, stipulate and demand you sue the d e b to r by 30 days o r

consider me, and all my property, discharged fro m this transaction, as
Surety.
fo r the c re d ito r is under no obligation to press the principal fo r payment.
• I, as Surety, do stipulate th a t if the C re d ito r does n o t apply the D e b to r’s

security, as te n d e r o f payment and collection, o r state th a t you are
disclaiming the Tender o r w ere unable to get collection fro m an insolvent
D ebtor, to the account as paid in full, then I shall be discharged as surety.
C o p y Claim ed February 2020

However, sureties are n o t obliged to w a it fo r th e ir principal to bring suit, but
are entitled to com e in to a C o u rt o f Equity, after a debt has become due, and
compel the d e b to r to exonerate them fro m th e ir liability by paying the debt.
• this is w hat Bankruptcy is “ discharge o f surety” because the debt still

exists.
• has N o tice o f a Due D e b t been properly Served upon the D e b to r and
Surety?
• Exoneration is release o f Surety by D e b to r....’’com pel the d e b to r to
exonerate the surety"
C o p y Claim ed February 2020

PERSONA
A Lesson in Equity Relations - Trust Formation From Suretyship
Co-
S urety
- s
Mortgagor Subrogee
Surety
111
grantor Exonoree
v y
heir
B.C.
SSN
The Trust Arises How:
C o p y C laim ed F ebruary 2020 -164

Casl Docume Filed i 6 Page 1 of 1
United States District Court
What's going on here? Because the ’defendant' accepted the obligation (the sentence to the vault) now
the original security created from the debtor can now be legally discharged - because the surety-defendant
chose - by his own conduct - not to deliver the security to the creditor-USA - so now the court discharges ENTERED
the debtor's security and "completely extinguishes it", this Casualty company simply produced the bond ,2016
from the debtor for consideration to make sure the "accused" had a security by which to indemnify or, >Clerk
enure to the Creditor', but because it was never used, the Court says to the Bailbondmen "that bond from
the debtor is now officially extinguished because
cause they decided to pay
pay with their bodv-life"
bodv-life".
U N rT E D ^ M E S ^ D g m i^ ^ jllR T
■ H b '
UNITED STATES OF AMERICA §

§
VS. JOHN HENRY DOE § CAUSE N<
§
ORDER DISCHARGING SURETY FROM BOND
The Court, having considered the M otion to Discharge Surety from Bond, finds that the
NO NAME? accepted the sentence naked title in the vault as collateral for the creditor
defendant has been sentenced and is in custody o f the United States M arshall, and as such, the
bond has been exonerated, and the Surety, Financial Casualty & Surety, Inc., and their bail
notice 'the bond' is the thing exonerated now, not the defendant, we wished it were the defendant but he never delivered or assigned this bond to the
creditor for indemnity.
bondsman licensee, Rodney Vannerson d/b/a Aaron Bail Bonds, are hereby released from
, j the obligation of the Debtor to issue indem nity to the surety that he was
l i a b i l i t y o n s a id b o n d . supposed to give the creditor.
IT IS ORDERED that FINANCIAL CA SUA LTY & SURETY, Inc., and RODNEY
VANNERSON D/B/A AARON BAIL BONDS are hereby released from any and all obligations
pursuant to this bond.
IT IS FUTHER O RDERED that the Bond is hereby discharged and exonerated and all
liability is com pletely extinguished.
Page 97 o f 171 Houston, Dec 2017.

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A
DIGEST
OF THE
CASES DECIDED AND REPORTED

IN T H E
SUPREME COURT OF JUDICATURE,

THE
COURT OF CHANCERY,
AND THE
COURT FOR THE CORRECTION OF ERRORS,

* * ■ * a■
STATE 0 F :$ £ W :YORK;
:
FROM: t i l # TO 1823;
W IT H
T A BL ES O F T H E NAM ES O F T H E C A SES,
AND OF TITLES AND REFERENCES.
BY WILLIAM JOHNSON,
COUNSELLOR AT LAW.
— Ut ex its recolatur J u s , non p tr d is c n lv r . — BaAC
IN TWO VOLUMES.
V Q L 1
>
ALBANY:
PUBLISHED BY E. F. UACKl\S.
1825.
C o p y C la im e d February 2020 -167-

384 C H A N C E R Y .— Trusts.
2042. T he erecting of a new town does not impair or take away

the rights of the old town, in regard to the common property; unless
there be some special provision for that purpose in the act erecting the
new town. Ibid.
3043. So, when a new town is erected out of an old one, it loses its
right to the use of the town property which remains in the old town,
though acquired at the common expense of all the inhabitants, before
the division of the town, unless there is some express provision t» the
contrary. Ibid.
2044. Each town takes to itself, unless otherwise expressly provi
ded, the common lands which fall within its bounds. Ibid.
2045. Tbe general revised act of 1788, relative to towns, made no
change in the law, in this respect, as to the rights of towns: Ibid.
2046. As to the powers, capacities, rights, and privileges of tbe towns
o f Hempstead and N orth and South Hempstead, in Queen’s county, and
of their inhabitants, respectively, see S. C. 2 J. C. R . 320 to 338.
[Note : T his case was carried by appeal to the Court for tbe Correc
tion of Errors, and the decree of the Chancellor was, in part, rever
sed. But the reporter, who was not present when it was decided, not
being able to obtain the reasons of the members of the Court, who
delivered their opinions, did not report the case on ap p eal; nor can
the grounds of reversal be now stated, or how far the above positions
laid down by the Chancellor were affirmed, modified, or overruled,
further than what is contained in the decree entered for the appellant,
as the Judges, it is understood, in assigning their reasons, took very
different views of the case.]
LXXII. T R U S T S .
A. How trusts are created, and tiirir incidents.
B. Trusts resulting, or by implication.
C. The trust estate, and cestui que trust.
D. Authority, duty, and responsibility o f Trustees.
E. Trustee’s accounts, allowances to, and charges against a Trustee.
. F. Expenses and compensation o f Trustees.
/
A. How trusts are created, and their incidents.
2047. No particular form of words is necessary to create a trust,

the intent only being regarded by Courts of equity. Fisher v. Fields,
on appeal, 10 J. R. 495.
2048. A trust is merely what a use was before the statute of uses.
Ibid.
2049. It is an interest resting in conscience and equity, and tbe same
rules apply to trusts in Chancery now, which were formerly applied to
uses; and in exercising its jurisdiction over executory trusts, Chancery
is not bound by the technical rules of law, but may take a wider
range in favour of the intent of the parties. Ibid.
C o p y C la im e d February 2020 -168-
Digitized by v j O O Q IC
C H A N C E R Y .— Trusts. 385
2050. A trastee or cestui que trust will take a fee without the word
fairs, when a less estate will not satisfy the object of the trust. Ibid.
2051. So, an assignment of a trust carries a fee to the assignee,
tbongh it contain no words of inheritance, if such appear to have been
the intent of the parties. Ibid. B irth C e rt?
2052. As where G., a soldier entitled to military bounty laqd, in
March, 1784, sold his right to B., for 15 dollars, and delivered to
him his discharge, on which was the following certificate, under his
hand and se al: “ this is to certify, that the bearer hereof, I. B., is en-
titled to all the land that J, B. G., am entitled to, either from the
state or continent, for my services as a soldier, certified in my dis
charge held, that at the time of the assignment G. had only an equit
able claim, and the certificate endorsed on the discharge, being an as
signment of his equitable interest, transferred his whole interest. Ibid.
2053. And when, in 1792, the assignee sued out a patent for the
land, to which G. was entitled, and which, by the statute, was issued in
G.’s nam e; and F . afterwards, with knowledge of the transfer to R .,
purchased, and took a regular conveyance of the land from G.,
and brought an ejectment against the persons holding under B . ; held,
that after the patent issued, G. held it as trustee to B ., and that B. or
his assigns, was entitled to an adequate legal conveyance from F .,
who was perpetually enjoined from proceeding at law on this deed,
or setting it up against B., or his assigns. Ibid.
2054. Though a trust need not be created by w riting; yet to take
the case out of the statute of frauds, its terms and conditions must be
clearly manifested and proved in writing uuder the hand of the party
to be charged, before the Court will carry it into execution. Steere
v. Steere, 5 J. C. R. 1.
2055. Loose and general declarations of intention by one member
of a family, of holding property in trust for the other members, are
not sufficient for the deduction of a trust, which Chancery will recog
nise and enforce. Ibid.
2056. Letters.and accounts addressed by a person to his brother,
were held, under the circumstances, insufficient to raise a trust, by im
plication, to the father. Ibid.
2057. Parol evidence to contradict an inference a6 to a trust, de
duced from written documents, is inadmissible. Ibid.
2058. But where written documents are loose and ambiguous, parol
evidence is admissible to show the understanding of the parties. Ibid.
2059. Where a trust is created for the benefit of a third person,
without his knowledge, at the time, he may afterwards affirm the trust
and enforce its performance. Moses v. Murgatroyd, 1 J. C. R . 119.
S . P . Duke o f Cumberland v. Codrington, 3 J. C. R. 229. 261.
Shepherd v. M*Evers, 4 J. C. R . 136.
2060. Collateral securities to creditors are considered as trusts, for
the better protection of their debts, and Chancery will see that their
intention is fulfilled. 1 J. C. R. 119.
2061. Where no trust appears on the face of a deed, nor any mani
festation of it by writing, parol evidence is inadmissible to show the
the trust. Movan v. Hays, I J. C. R. 339. [See Statute o f Frauds,
Sess. 10. c. 44. s. 12.]
cdyfa>CJa!ned February 2020 49 ^ . -169-
( .n n a p
386 GH A N CERY .— Trusts.
3062. If a purchaser has notice of a trust, at the time o f the pur

chase, he himself becomes a trustee, notwithstanding the consideration
he has paid. M urray v. Ballou, i J. C. R . 566. S. P . Shepherd
v. M lEvers, 4 J. C. R . 136.
2063. Where trustees have accepted a trust, and entered on its e i-
edition, they cannot afterwards, without tbe consent of the cestui qtu
trust, or the directions of the Court, surrender the trust, er discharge
themselves from it. Shepherd v. M 'Evers, 4 J . C. R. 136.
2064. A devise of all the estate, real and personal, of the testator,
in trust, to pay bis debts, and to distribute the residue, places the as
sets under the jurisdiction of Chancery. Benson v. Leroy, 4 J. C.
R . 651.
2066. W here D. agreed with S. to sell and convey to him a certain
quantity of land, and for which S. covenanted to pay a large sum of
money in a certain time ; and D. gave to S. a power of attorney to
sell and convey the land, in the name of D., fee., S. covenanting to
gfye D. security for the due performance of bis contract, and to in
demnify D ., fee.-; and S. sold parcels of the land, and took moneys
and securities, &ic. from the purchasers ; held, that S. was a trustee,
and that D . had an equitable lien on the proceeds of the sales, and on
the securities, b e . in the hands of S., which could not be defeated by
tbe assignment of S., who bad become insolvent. Dexter v. Stesoart,
7 J. C .R . 62,
B. Trusts resulting, or by implication.
2066. If A. purchase land with his own money, but the deed is takin t
in tbe name of B ., n trust results, by operation of law, in favour o f A.;
and the fact whether the purchase was made with the money of A., on
which the trnsl is to result or arise, mny be proved by parol, it not
being within tbe statute of frauds. Boyd v. M 'L ean, 1 J. C. R . 682.
S . P . Botsford v. B urr, 2 J. C. R . 405.
2067. Parol evidence is also admissible to rebut or destroy a result
ing trust. Botsford v. Burr, 2 J. C. R. 405.
2068. If the person who sets up the resulting trust, has, in fact, paid
no part of the consideration money, he will not be allowed to show,
by parol proof, that the purchase was made for bis benefit. Ibid.
2069. If part only o f the consideration is paid, the land will only be
charged with the money advanced, or pro tanto. Ibid.
2070. Any payment or advance o f money, after the purchase has
been completed, will not raise a resulting trust. Ibid.
2071. T o raise a crust by implication or operation of law, an actual
payment of money by the cestui qut trust, at the time of the purchase,
must be shown. Steere v. Steere, b J. U. R . 1*
2072. A resulting trust is withio the statute; (Sets. 24. c. 30. s. 7.
i N^R. L. 147.) and an infant may be decreed to convey snch trust,
it being established by parol proof. L m ngston v. Livrngstou, 2 J .
C . R . 637.
2073. If a trustee by implication is to be affected by an equity, chat
equity must be pursued within a reasonable time, Shaver t . Hadley,
4 obp^CîmSAQ;ebruary 2020 170-
Digitized by v j O O Q 1C
Notice of a Trust
C H A N C E R t— 381
C. The trust estate, and cestui que trust.
3074. Property held in trust does not pass to the representatives of

the trustee ; but as long as it can be traced and distiugttisM , it enures
to the benefit of the cestui que trust. Moses v. Murgatroyd, 1 J. C
R . 119.
2075. It does not pass, in case of bankruptcy or insolvency o f the
trastee, to his assignees. Dexter v. Stewart, 7 J. C . R. 52.
2076. T h e vested interest of a cestui que trust cannot be impaired
of destroyed by the voluntary act of the trastee ; but the trust wril
follow the land in the hands of the person to whom it has been con
veyed bv the trustee, with knowledge of the trust. Shepherd v.
Beers, 4 J. C. R. 136.
2077. Where S., a cestui que trust, resided abroad, and before he
was informed of the trust created by the deed of his debtor for the be
nefit of bis creditors, the trustees, without the assent of the cestui que
truest, at the direction of the Court, conveyed the trust estate to others,
upoh dther trusts and conditions, which in (heir operation would have
•acladed 8. from all share or benefit in the trust estate; held, that the
trustees in the second deed were chargeable with the trusts in the first
deed, of which they had knowledge at the time. ^ Ibid.
D . Authority, duty, and responsibility o f trustees.
2078. A trustee cannot act for his own benefit in a contract on tbe
subject of the trust. Green v. Winter, 1 J. C. R . 27. S. P . P a r-
kist v. Alexander, 1 J. C . R. 394.
2079. He is not allowed to make any gain, profit, or advantage,
foam the use of tbe trust funds. Schieffelin v. Stewart, 1 J. C. R .
620. S. P . Brown v. Rickets, 4 J. C. R. 308.
2080. A trustee, who purchases a judgment or mortgage which wa9
a lien on the trust estate, at a discount, cannot turn such purchase to
his own advantage. But the purchase enures to tbe benefit o f the
trast estate. Green v. Winter, 1 J. C. R . 27.
3081. A trastee is not permitted to use the information he gains as
trastee, by purchasing in for himself; and the principle is the same, as
to buying in tbe trust estate, or buying securities upon it. Ibid.
A n d see Evertson v. Tappen, 5 J. C. R. 497. S. P . Hawley v. M an-
civs, 7 J . C. R . 174.
2082. A trustee having authority to sell, cannot be a purchaser of
the trust estate. Munro v. Allaire, on appeal, 2 C . C. E . 183.
2088. Where a trustee agreed to purchase and pay for a farm, at
tbe reqaest of the cestui que trust, out of the proceeds of the trust es
tate ; and gave bis bond, and also a mortgage on tbe premises, to se
cure the purchase m oney; and when his bond became due, refused to
pay it, and procured a foreclosure and sale o f the premises by tbe
m ortgagee at a loss, the trustee was held chargeable for the loss, and
for all the costs of tbe suit. Green v. Winter, 1 J. C . R . 27.
2084. Where judgment was confessed by A., as security for debt,
Verbal Deposit Title Deeds
694 APPENDIX.
" W h e n e v e r th e w ords o f a sta tu te go b ey o n d th e w ill o f th e le g isla tu re, th e
co u rt w ill re stric t th e w ords to th e sen se o f th e s ta tu te . T h u s a sta tu te speak*
o f d ebts g e n e ra lly . T h e co u rt co n stru e s it as m ean in g d eb ts for v alu ab le co n sid
e ra tio n , and n o t em bracing a g ratu ito u s c re d ito r." P rin c ip le s o f E q u ity , 2267.
U pon th e sam e p rin c ip le , th e reg istry act, w h ich sp e ak s o f cred ito rs g e n e ra lly ,
m ay be w ell co n stru ed to m ean ju d g m e n t cre d ito rs o n ly , or m ortgagees, or bona
fid e c re d ito rs, o r such as have n o t n o tice, i f th is ap p e ared to be th e in ten tio n o f
u te , u n le ss w ith in th e in te n tio n o f th e m a k ers. 3 C ow . 06. 15 J . R. 380 “ A

court o f ju stic e , though it has no p o w er to o v ertu rn exp ress la w , is not bound by
an y in feren c e, h o w e v e r clea r, ex cep t as far as th a t in feren c e is su p p o rted by th e
ru le s o f ju s tic e ." P rin c ip le s o f E q u ity , 2276. If, th e re fo re, it w ere clearly in
ferra b le from th e sta tu te th a t notice is n o t ap p licab le to c re d ito rs, y e t, inasm uch
as th is is n o t e x p re ssly d ec lared if th e re sh o u ld b e reason to b eliev e th a t auch a
A n d if th e co u rt
sh o u ld b eliev e in the d o ctrin e laid d ow n in 2 S ug. on V end. 2221, th a t “ E q u ity
k n o w s no h ig h e r fraud th a n a m a n ’s p u rch asin g an e sta te w h ic h h e is aw a re has
alre ad y been sold a n d co n v e y ed to a n o th e r w ith an in te n t to ta k e ad v an tag e o f a
:h; a co n v ey an ce, o r per-
: a lto g e th e r ;" o r as in 6 M unf. 44, “ th e tak in g
tb e legal e state ufter notice o f a p rio r p u rch ase or eq u ity , m akes th e p arty a mala
fid e p u rch a ser, an d am ounts to a fraud :" O r as in P rin c ip le s o f E q u ity , 121,342,
“ A p u rc h sse r or cre d ito r, w h o tak es a c o n v e y an c e o f la n d w ith n otice o f a p rio r
convey
e q u ity O r as in lb . 3226, “ A cre d ito r ought to ab stain from a tta c h in g by legal
e x e cu tio n , a aubject th a t th e d eb to r stan d s bound to m ak e o v er to a n o th e r ; such
an ac t w ould be u n ju st in th e d eb to r, u n ju st in tho cre d ito r, an d unjuat in th e
c o u rt.” If, I say , th e court sh o u ld reco g n ize th ese estab lish ed p rin cip les o f eq u ity ,
th e y w ould be bound to declare th a t any in feren ce d raw n from th e w ording o f
th e sta tu te , th a t notice is not applicable to a cre d ito r, is n o t “ supported by th e
ru le s o f ju s tic e ,” and o u g h t n o t, th e re fo re, to be su stain ed by th e decision o f th e
co u rt. T h e c o u rts, in fact, h av e g o n e b ey o n d th is ru le , a n d for th e prom otion of
ju stic e , h av e n o t on ly d isreg ard ed th e clea re st in feren ces, but o v e rtu rn e d exp ress
pa Jpon th e gro u n d o f
srbal oaite o f title d eed a. A n d also in co m p ellin g th e b o rro w er o f

m oney u n d e r an usurious c o n tra c t, w h ich w as void a t law , to rep ay th e p rin cip al
su m , because it w ould be unco n scien tio u s an d in iq u ito u s in him to retain it.
civil ju ria-
,n y
te n d e d to a lte r o r affect th e m . If, th e n , according to th e rules giv en for th e

in te rp re ta tio n o f sta tu te s, th e reg istry act can be so co n stru e d as th a t n otice sh a ll
be applied to a cred ito r, th e co u rt sh o u ld su rely ad o p t th a t co n stru ctio n r a th e r
th a n v io la te th e g re a t a n d easential p rin c ip le s o f eq u ity by u p h o ld in g a flag ran t

Digitized by V J O O v I C
AEGIS PROCESS Probate
C11A1\ IX .] ADMINISTRATION. 553
to make any settlement on liis wife in consideration of tin- leg

acy.1 So if a legacy is due to an infant, the Court of Chancery
will interfere at the instance of the executor and prevent the
Spiritual Courts from proceeding, because the executor may he
entitled to a bond to indemnify him, and to refund in case of a
deficiency of assets.- Many otlier cases might be put of a like
nature.
540. But a stronger instance may be stated. If the testator
does not dispose of the residue of his estate, and yet from the
circumstances of the will the executor is plainly not entitled to
the residue, there he will he held liable to distribute it as a trus
tee for the next of kin. But the Spiritual Courts have no jurisdic
tion whatsoever in such a case to enforce a distribution ;for trusts
are not cognizable in those courts and cannot be enforced by
t h e n ! 3 Even in the common case of a legacy of personal estate
the legacy does not vest in the legatee until the executor assents
to it; and until he assents, it wo aid seem not to be suable in the
Spiritual Courts. But Courts of Equity consider the executor
to be a trustee of (lie legatee, and wilt compel liim to assent to
and pay the legacy as a matter of trust.4 And if there are no
legal assets to pay a legacy, although there are atmer ■•quitaliii-
assets, the Spiritual Courts cannot enforce payment pi’ the legacy ;
for they have no jurisdiction over equitable assets.5
541. In cases of distribution of the residue of estates the rem
edy in the Spiritual Courts is also on other accounts exceedingly
defective ; for those courts do not possess any adequate means
for a perfect ascertainment of nil the debts; or to compel a pay
ment of them, when ascertained, so as to fix the precise residuum ;
or to protect the executor or administrator in his administration
according to their decree.6 Besides, the interposition of a Court
of Equity may be required for many other purposes before a
1 Ib id .; 2 F oub l. Eq. It. 4, Pt. 1, ch. 1, § 2, and note (d ).

5 Morrell r. W aldron, 1 V ern. It. 2G; N oel r. R obinson, 1 Vern. R. 01.
B u t see Anon. 1 A tk. It. 491; H aw kins v. D ay, A m bler, It. 102; 2 Foubl. E q.
B. 4, l»t. 1, ch. 1, § 2 .
8 Farrington v. K nightly. 1 F . W ill. 515, 5 IS.
* Wind v. Jekyll, 1 F. Will. 575.
6 Barker v. May. 0 B. & Cressw. 4S9. See also Faschall r. lvetterich, Dyer,
151 6; Edwards v. Graves, H ob. R. 205; B ac. A bridg. L egacy, M.
c See 2 F onbl. E q. B. 1, Ft. 2, ch. 3, § 2, note ( d ) ; Id. B. 4, F t. 1, ch. 1,
§ 2, and note ( d) .
C o p y C la im e d F e b r u a r y 2020 -173-
Equitable Assets
executor or administrator by a suit at law against him, either by
a common judgment or by a judgment upon a devastavit against
him personally.1 But it is perhaps more accurate to say that
legal assets are such as come into the hands and power of an
executor or administrator, or such as he is entrusted with by law,
virtute oflicii, to dispose of in the course of administration.- In
other words whatever an executor or administrator takes qua
executor or administrator, or in respect to his office, is to bo con
sidered as legal assets.3
552. Equitable assets are on the other band all assets which
are chargeable with the payment of debts or legacies in equity,
and which do not fall under the description of legal assets. They
are called equitable assets because, in obtaining payment out of
them, they can be reached only by the aid and instrumentality oi
a Court of Equity.1 They are also called equitable for aim
reason ; and that is, that the rules of distribution by which they
are governed are different from those of the distribution of legal
assets. In general it may be said that equitable assets are of two
kinds: the first is where assets are created such by the intent of
the p arty ; the second is where they result from the nature of the
1 See Farres i>. N ew nhnm , 1 T . Rep. G21; W hale v. B ooth, 1 T . Rep. G25,
n o te; s. c . 4 Doug. It. 30. In som e cases it is necessary to go in to a Court of
E q u ity to enforce paym ent out o f w hat are properly legal assets. Thus for
in stan ce i f there should be a lease for years, or a bond debt, or an annuity in
a tru stee’s nam e, belonging to th e deceased, there, although a creditor could
not com e at it w ithout the aid of a Court of E quity, yet the assets would be
treated as legal assets, and should be applied in Ihe course of adm inistration
as such. W ilson v. F ie ld in g , 2 V e in . R. 703; T h e case o f Sir Charles Cox's
C reditors, 2 P. W ill. 312, 313; 2 F on b l. Eq. R. 4, P t. 2, ch. 2, § 1, note ( / ) .
So a term o f years taken in the nam e of A, in trust for 15, is legal assets,
althou gh recoverable in equity only. Ib id .; 8 P. W ill. 342, 313, and Mr.
C ox's note ( 2 ) ; Ilartw ell v. C hitters, A m bler, R. 808, and Mr. B lunt's note.
I5y th e statute o f 29 Charles I I ., ch. 3, the trusts of an inheritance in land are
lia b le for the paym ent of bond debts, which makes such trust estates b-gal
a ssets, although they can be enforced only in equity. See 2 Freem an, Rep.
150, C. 130; 2 F on b l. Eq. 11. 4, P t. 2 , ch. 2 , § 1, note ( / ' ) ; M oses v. Murga-
troyd, 1 J oh n . Ch. R . 119, 130.
2 2 F onb l. Eq. 15. 4, P t. 2, ch. 2, § 1; B ac. A bridg. E xecutors and Admin*
istrators. I f.; 3 W ooddes. L e d . 59, pp. 481 to 1SS.
8 2 F o n b l. Eq. II. 4, Pt. 2, ch. 2, § 1. and note (c ); D eg v D cg, 2 P. W ill.
41G, and Mr. Cox's note.
■* 2 F onb l. Eq. B. 4, Pt. 2 , ch. 2 , § 1, and notes (<), ( / ) . (>/); W ilson v.
F ie ld in g , 2 Veyn. 703; G ott A tkinson, W illes, R. 5 2 3 .5 2 1 : 1 M add. Ch
Pr. 473; Ram on A ssets, ch. 27, p. 317; 3 W ooddes. L e d . 59, pp. 1SG, 187.
chap, ix .] wmmmmmm 549
Equity in the administration of assets is founded on the principle

that it is the duty of the court to enforce the execution of trusts;
and that the executor or administrator who has the property in
his hands is bound to apply that property to the payment of
debts and legacies, and to apply the surplus according to the will
of the testator, or, in case of intestacy, according to the Statute of
Distributions. So that the sole ground on which Courts of Equity
proceed in cases of this kind is to be deemed the execution of a
trust.1( a)
533. This is certainly a Very satisfactory foundation on which
to rest the jurisdiction in many cases ; for under many circum
stances, as an execution of a trust, the subject would bo properly
cognizable in equity and especially if the party would not be
chargeable at law, since it is the ordinary reason for a Court of
Equity to grant relief that the party is remediless at law. It
has also been truly said that the only tiling inquired of in a Court
of Equity is whether the property hound by a trust has come
into the hands of persons who are either bound to execute the
trust or to preserve the property for the persons entitled to it.
If we advert to the cases on the subject, we shall find that trusts
are enforced, not only against those persons who are rightfully
possessed of trust property, as trustees, but also against all per
sons who come into possession of the property bound by the
trust, with notice of the trust. And whoever so comes into pos
session is considered as bound, with respect to that special prop
erty, to the execution of the trust.2 (A)
1 Adair r. Shaw , 1 Sell. & Lefr. 2G2. See also Farrington v. K n igh tlev, 1
P . W ill. 5IS, 519; ltachfiekl v. Careless, 2 P. W ill. 101; D uke of R utland v.
Duchess o f R utland, 2 P. W ill. 210, 211; E llio t v. C ollier, 1 Y es. 10; Anon.
1 A tk. 491; W ind i>. J e k y ll, 2 P. W ill. 575; N icholson t>. Sherm an, 1 Cas.
Ch. 57; Bac. A b ridg. Legacy, M .; I Madd. C'li. Pr. 400, 4G7.
2 Ibid.
(a) A s to the jurisdiction of equity (/<) See T h orndike v. H u n t, 3 P eG .
to require an executor or ad in in istia-
tor to account, see Carswell v. Spencer, x . s. 328. A stranger who has re
41 A la. 204; F inger r. Finger, 04 X . ceived assets from an executor de son
Car. 183. It is held in som e cases tort cannot be called to accoun
that there m ust be a judgm ent at law ecutor de s i >ii tort though tHe a-
before filing a bill to have equitable may be follow ed into his hands, lli'.l
assets applied. H arrison r. Ila llu m , i>. C urtis, L. R. 1 E q. 90. See R.iy-
5 Cold. 525. B u t see Steere v. Hoag- uer v. K oehler, L . R . 14 Eq. 204.
land, 39 111. 204; lla g sd a le t>. H olm es,
I S. Car. 91.
Private Trust
john Henry doe P r ivate E state L iving T rust
Table of Trust Annexes
O riginal sp e cially d ep o site d tw enty-one coin of silv e r One D ollar den o m in atio n w ith in th e
m e a n in g of th e Coinage A ct of 1 7 9 2 am en d ed 1878: M organ a n d P eace d o llars o f th e
Trust Annex 1 P h ila d e lp h ia M int, w h ic h is d u ly acknow ledged an d rec e iv e d b y T ru stee a n d placed u n d e r th e
c u sto d ia l bailee c a re o f th e Office of C lerk of P ro b a te of M aple C ounty P ro b a te C ourt v ia
R e g istered M ail Wo. RE 3 5 1 TA7 ESM US-
• A ccep tan ce b y T ru stee

Trust Annex 2
• N otice of T ra n s fe r of I n te re s t fro m R R 1 1 1 2 2 2 3 3 3 U S -11 T ru s t
T able of Res: S ubject to change, am e n d m e n t, c o rre ctio n , a t T ru s te e ’s sole d isc re tio n a fte r
Trust Annex 3
irre v o c a b le clause.
N otice o f C reation of P riv a te E sta te . N otice of P a re n ta g e a n d In h e rita n c e o fR ig h ts. Table of

Trust Annex 4
H a n d w ritte n M ark s.
E x em plified Copy of A d u lt N am e O rder of A u g u st 12, 2 0 1 5 , 67-CV-64-3261, M aple County

Trust Annex S C ourt, S pecial T erm : “J o h n H e n ry Doe’’ - no m iddle nam e, p ro p e r cap italizatio n , one nam e,
m a tc h e s legal title of Ohio P ro b a ted C ertificate.
Trust Annex 6 N otice o f Fee S chedule for T re sp a ss a n d B re a c h o f T ru s t
S w o rn A ffidavit of T e sta to r/T e s ta trix ’s J o h n &? M om m a, a n d P a p p a a n d M om m a I n te n t for

Trust Annex 7
Doe, J o h n H en ry , h e ir/b e n e fic ia iy
T ru s t’s P riv a te A cco u n t N um bers: M aple C ounty Iow a S u p erio r C ourt of R ecord, Deed R ecord
Trust Annex 8 J u l y 16, 2 1 0 4 , an d , A u th e n tic a te d Iow a S e c re ta ry of S ta te M aple C ounty File No. A 0 4 9 8 7 6 5 4 ,
A p ril 4, 2 0 1 5 .
“D eclaratio n o f S ta tu s o f D o e J o h n h e n ry . P riv a te Civilian A m erican N ational, p riv a te civilian

Trust Annex 9
n a tio n a l of th e U nited S tates/Io w an n a tio n a l”
T em plate: T ru s t T ra n s fe r G ra n t Deed, te m p la te e x e c u te d b y T ru ste e for p u rp o se s of m oving

Trust Annex 10
a u th o r ity in to a n d o u t of a n d to F id u ciarie s o f T rust.
F o r Public R ecord Only: A ffidavit o f T ru ste e a n d C ertificate o f T ru st, te m p la te su b ject to

Trust Annex 11
c h a n g e a t T ru s te e ’s sole d iscretio n .
Copy of W ashington C ounty co u rt D ecree 1 9 7 6 “J o h n H e n ry Doe” h e ir to P a p p a F ra n k Doe an d

Trust Annex 13
M om m a (G e rtru d ) Doe.
S eal o f th e Office of T ru stee, show ing a rtw o rk - sym bolizing th e p rim a ry b en eficiarie s/h eirs
Trust Annex 13
H en ry , M ary, Son, a n d D aughter.
T em p lates: S u n d ry m ailing te m p la te s a t T ru s te e ’s sole d isc re tio n Including b u t n o t lim ited to

Trust Annex 14
U.S. P o st Office F o rm P S -3817, C ertificate of T itle T ran sfe r, su b je ct to change w ith o u t notice.

W a rra n t of Ju ris d ic tio n for th e S ta te of Iow a c o n c u rre n t w ith A rticle HI, S ect 2, cla u se 1 of th e
Trust Annex 15 c o n s titu tio n o f th e U nited S tates, c h a n c e ry m o d e/eq u ity ju ris d ic tio n , a s a d istin c tio n from
com m on law , w ith o u t th e D istric t of Colum bia’s “D istric t C itizens”.
O riginal specially d ep o site d tw enty-one coin o f silv e r One D ollar d e n o m in atio n w ith in th e
Trust Annex 16 m e a n in g o f th e Coinage A ot of 1 7 9 2 am en d ed 1878: M organ a n d P eace d o lla rs o f th e
P h ilad elp h ia M int.
Trust Annex 17 Law ful C o n sid eratio n T em plate, E n d o rse m e n ts for T ender, a n d Allonge, te m p la te
Trust Annex 18 T able of A u th o ritie s “TOA” re lie d upon.
N otice a n d D em and for A m otion o f all p e rso n s occupying co n tro l a n d a u th o r ity o v e r S ta te

c re a te d o rg an izatio n s, ch a tte ls, th e ir fu n d s, in te re s t, r e n ts , d e riv a tio n s th e re fro m o n re la tio n
Trust Annex 19
to JO HN HENRY DOE (FADER) o f F ra n M in C ounty, Ohio; MOMMA GERTRUD DOE (A n d erso n )
o f Ohio & Iow a; JOHN WILBUR HADER; PAPPA FRANK DOE of Iowa.
N otice o f D eclaratio n of a n A bsolute Deed to be a n E quitable M ortgage &? A ssig n m en t of

Trust Annex SO
A ccount U nder N a tu ra l Ju s tic e
PRIVATE TRUST EXAMPLE 2
A p p e n d i x A.
TO TRUSTS.
DEC LA R A TIO N CR EA TIN G A T R U ST .
To A l l t o W h o m T h e s e P r e s e n t s S h a l l C om e— G r e e tin g :
W h e r e a s , It is m y intention and desire to c r e a te a tr u st for th e p u r p o se
o f.......................................................................................................................................................
and to th a t end, and that the above object and purpose m ay be effectually
consum m ated as desired, I do hereby declare this the following trust:
N o w T h e r e f o r e , K n o w Y e , T hat in pursuance of such intention, I
................................................... of in the County of
............................................................ and State o f ......................................................, on this
d ay o f in the year of
our Lord one thousand eight hundred and n in e ty ...................................., have
nom inated, appointed and declared, and b y these presents do hereby nom inate,
appoint and d e c la r e ........................................................ o f ...............................................in
the C ounty o f .............................................. and State o f .............................................., to
be m y T rustee, of the sum o f ...........................................................................D ollars ,
which said 6um of m oney is this d ay paid and delivered by me to the said
................................................................... in trust, nevertheless, for the purposes
follow ing, th at is to say:..........................................................................................
th e said T r u s t e e ,.................................................................................. or his successor in

tru st, to have and to hold the said sum of m oney for the purposes above
m entioned and for no other or different purpose or purposes, and to account
to m e in w riting of all his actings and doings in respect of th e said trust hereby
created, and of the m oney so delivered to him , at such reasonable tim e or
tim es as he shall be requested in writing so to do.
T he s a i d ............................................ , T rustee, is hereby authorized and em
powered to use th e said m oney for the full execution of the trust, following
out th e purposes herein set forth, w ithout let or hindrance from any one,
exercising his own best judgm ent and discretion for th e best advancem ent of
th e purposes herein set forth.
If for an y cause, the said trust shall not be fully executed, or shall fail
or becom e in op erative, then the balance o f the aforesaid sum of m oney, if any
remains after paym ent of all expenses and charges of said trust, shall be re
turned to m e, the s a i d ...................................................................
T h e said ..................................................................... Trustee, shall be allowed
to retain, out of said sum of m oney, the sum o f ..............................................................
D o l l a r s , as pay for his services in this behalf for execu ting this trust, to be
paid to him on th e execution of this trust.
335
C o p y C la im e d F e b r u a r y 20 20 -178-
336 TR USTS.
T his trust shall becom e operative and binding im m ediately upon its
acceptance b y th e s a i d ........................................................................., Trustee.
I n W i t n e s s W h e h e o f , I h a v e h e r e u n to s e t m y h a n d a n d se a l th is
....................................................... d ay o f ...........................................................A. D . 1 9 0 . . .
In P r e s e n c e o f U s,
[ s e a l .]
ACCEPTANCE B Y T R U S T E E .
I, ........................................................... nam ed as T rustee in th e fore

going instrum ent, for m yself, hereby acknow ledge th e receipt of the foregoing
6um o f m oney from the s a i d ................................................................... creating said
tru st, and I agree to accept the said tru st, and enter upon its perform ance, and
th a t I will faith fu lly perform th e duties and obligations im posed upon m e here
in , to th e b est of m y ability, and will faithfully account to the s a i d .....................
..................................................................... for all m oneys received b y m e for th e pur
poses of said tru st.
I n W i t n e s s W h e r e o f , I have hereunto set m y hand t h i s ..........................
d ay o f .............................. A. D . 1 9 0 ...
In P r e s e n c e o f U s :
C o p y C la im e d F e b r u a r y 2 0 2 0 -179-
PRIVATE TRUST EXAMPLE 3
d e c la r a tio n o f tr u st
A business trust organization expressed under

The Laws o f Equity o f the united States o f America, 1776
declaration of trust
This declaration o f trust (“Trust”) is formal written and expressed trust indenture o f the
special trust relationship between the parties for all transaction(s)/account(s) as the corpus “res”
o f this Trust belonging to the Estate o f John Henry Doe o f M aple County and any derivations by
this Grantor/Settlor successors and assigns, jointly and severally, and this T rust’s Trustee and
Co-Trustee (“Trustees”) and anyone appointed under the authority o f this Trust.
FIRST
It is the will and intent o f the G rantor that the beneficiary be united with, for his use,
enjoyment, life maintenance, pursuit o f happiness, all the property, rights, titles and interest and
their transm utations and derivations therefrom o f said res/corpus o f said Estate See Exhibit D.
G rantor declares this Trust is hereinafter titled RR111222333US-001 Trust, an equitable

asset title, and all its chattels therewith and therefrom described in attached Exhibit A.
Grantor hereby transfers Certificate o f Legal Title o f RR111222333US-001 Trust to

Trustees for special purpose; see Exhibit A, trustee’s acceptance and deed o f transfer.
O TH ER SPECIAL PURPOSE
a. The purpose o f the trust is to re-unite, delivery, transfer, merge titles for all the corpus o f
this Trust.
SECOND
The Trustee shall receive and hold said property, together with any additions hereto in
Trust for the use and benefit o f the sole bona fide Trust beneficial interest holder in due course.
The beneficiary o f this Trust shall hold Trust Certificate RR1 1 1222333U S-001.01 signed by
both the settlor and trustee. Beneficiary is com petent with age o f m ajority sufficient to term inate
any presumed or express trust relation and possesses all right, title and interest in the trust
without granting a w aiver o f any right, rem edy, or defense shall have whole, com plete,
enforceable and superior claim to equitable title o f R R 111222333US.
THIRD
Trust is revocable and m odifiable by the G rantor/Settlor with all rights reserved and
continue for a term o f five years from the date o f trust res transfer to Trustees. Trust shall also be
renewable, if renewed prior to its term ination. The can be extinguished upon a conveyance o f
legal title to the beneficiary signed by both trustee and co-trustee.
FOURTH
This Trust shall be adm inistered, managed, governed and regulated in all respects
according to the laws o f equity o f 1776 o f The United States o f A merica, under judicial pow er
and inherited civilian due process protections.
FIFTH
The Trustees, in addition to all other pow er granted by this expression and by law, shall
have the following additional pow ers with respect to the Trust:

M O R TG A G ES, PLED G ES AN D DEEDS O F TR UST
To enforce any and all m ortgages, pledges and deeds o f Trust held by the Trust and to
purchase at any sale thereunder any such real or personal property subject to any mortgage,
pledge or deed o f Trust.
L IT IG A T IO N
To initiate or defend, at the discretion o f the Trustees, any litigation affecting the Trust.
The trustee, co-trustee, settlor, and beneficiary o f this Trust shall not be liable to lien, attachment,
garnishm ent, trustee process, or execution, or subject to any order or decree o f any court without
civilian due process protections within a non-m ilitary derived court o f com petent jurisdiction, or
court as or record or court o f exclusive jurisdiction under Article 111 o f the written constitution o f
the United States; the beneficiary is strictly forbidden to be represented by any Attorney in any
jurisdiction under w ar powers authority or w ithout exclusive equitable jurisdiction cognizance of
the same specie and nature as protected under the Judiciary Act o f 1789, I Stat. 73 ch. 20, sec.
11, 16, 20, 1 Stat. L. 82, that all proceedings m ust proceed ex parte, sealed, at chambers, under a
judicially pow ered court under a judicial cognizance authorized by either the written constitution
o f the state o f M innesota, or where national citizenship and protections are at stake under the
written constitution o f the United States as am ended A.D. 1791, without— to the exclusion— of
the general public.
A D J U S T M E N T O F C L A IM S
To subm it to a court o f Equity, or in private, to com prom ise or to release or otherwise
adjust w ithout com pensation, any and all claims affecting the Trust estate.
S IX T H
Trustees full com mercial and personal liability for the faithful perform ance o f duties shall
be required o f any Trustees under this expression.
SEV EN TH
The Trustees shall receive reasonable em olum ent for the services performed by the
Trustees, but such em olum ent shall not exceed the am ount custom arily received by corporate
fiduciaries in the area for like services.
E IG H T H
No Trustees or Trust M anager, created by this N otice shall at anytime be held liable for
any action or default o f any Trustees, or any other person in connection with the administration
and m anagem ent o f this Trust unless caused by the individual(s) own gross negligence or by
com m ission o f a willful act o f breach o f Trust. T ru stee _____________________ is hereby
appointed the Registered Agent for service o f process the mailing location for which shall be
______________________________________; the Trust shall entitle the Registered Agent to
$________United States Dollars per month for it’s services as Registered Agent only.
N IN T H
In the event that any portion o f this Trust shall be held unlawful, invalid or otherwise
inoperative, it is the intention o f the Grantor that all o f the other provisions hereof shall continue
to be fully effective and operative insofar as is possible and reasonable.
TENTH
If any person claims to have a superior claim to the rights, title, deeds and interest o f the
Trust or by Grantor/Settlor/Beneficiary they are ordered to present their prim a facie claim under
their full personal com mercial liability under sworn affidavit under the laws o f perjury stating
they have a superior claim to asset, title, or deed to G rantor/Settlor/Beneficiary.
ELEVENTH
The execution o f the Trust.
IN W ITNESS W HEREOF, 1 hereunto set my hand and seal on th is day o f

___________ Two Thousand Sixteen and hereby declare the execution, creation and
establishment is this Trust:
Date________________________ _______________________________________
Doe, john henry, Settlor
In Presence of Us, In Witness Whereof, w e/i hereunto set my/our hand(s) and seal this
day of in the year Two Thousand Sixteen of our Lord Jesus the Christ
Advocate and heir to all things and of the independence of the Sovereign unincorporated
Union country of The United States of America the two hundred and fortieth at Ramsey
county, state of Minnesota a Union member within a non-military occupied private space

E xh ibit A
Acceptance By Trustee and Co-Trustee.
i/w e ,_________________________________________, each o f us in our citizenship status as
private citizens o f the United States and a private m em bers o f the Union m em ber state o f
M innesota, M innesotan nationals, and whose citizenship, personal covenants private domicile,
allegiance and self determ inations are a m atter o f public record attached hereto and herewith in
E xh ib it D and as “nationals” is also protected by Article 23 o f the Convention signed at The
Hague O ctober 18, 1907 ratified by the President o f the United States February 23, 1909 named
to be the sole exclusive Trustee and Co-Trustee by nature under exclusive jurisdiction in the
foregoing instrum ent, for m yself, hereby acknow ledge the receipt o f the foregoing original
executed legal title R R 1 11222333U S-01 o f said Estate from creating said trust, and 1/we agree to
accept the said trust, and enter upon its perform ance, and additionally do accept for/with
consideration stated the Office o f the Registered Agent in the name o f the Trust at the mailing
location “c/o address address address”, and that 1/we will faithfully perform the duties and
obligations im posed upon me here-in, to the best o f my ability, and will faithfully account to the
said R R 1 11222333US-01 Trust for all res/lunds/m onies received by me/us for the purposes o f
said trust.
In W itness W hereof, we/i hereunto set my/our hand(s) and seal th is ________day o f _____
in the year Two Thousand Sixteen o f our Lord Jesus the Christ Advocate and heir to
all things and o f the independence o f the Sovereign unincorporated Union country o f The United
States o f Am erica the two hundred and fortieth at Ramsey county, state o f M innesota a Union
member.
In Presence o f Us, W itnesseth: {mark & impression}
private witness trustee
private witness co-trustee

Table of Exhibits
E x h ib it A : See above Trustees’ acceptance o f R R 1 1 1222333U S-0 1 Trust ( page).
E x h ib it B: copy o f deed o f transfer o f trust Estate corpus under the custody o f M aple county,
The State o f XXXXX in the nam e o f “John Henry Doe” ( page).
E x h ib it C: [RR# public N O I’s/SO I’s] ( page).
E x h ib it D: “ Declaration o f Status o f Doe, Jo h n henry: American Freeman, private civilian
citizen o f the United States/M innesotan national” ( page).

EVICTION DEFENSE TRUST
Former Method in 2010-2012
FOR POSSESSION EXAMPLE
PRIVATE
THIS IS N O T A PU B LIC C O M M UN ICATIO N ■

'_3<fr u y
T H IS IS A F U L L Y E X E C U T E D S E A L E D D E L I V E R E D N O N -N E G O T IA B L E P R IV A T E T R U S T IN S T R U M E N T IN INHER IN T E Q U IT Y /
D eclaration
of a
Pure Private Trust in Special Equity

E xecuted on the land on the united states o f A m erica
In the Name o f
G ran to rs
n a tio n M iH B H H i
w est,
to w n .
U nited S tates M inor, O u tly in g Islands.
&
T ra ste e M ichael W
L
“RR US TRUST”
Dated on the tk a ^ riH M la y o f the month o f the

T tfttiiN M M a A a a iilM M lh year o f the Lord
Public Notice Records on file at

C ounty R e c o r d e r , C o u n t y , State o f Docum ent H MfS. Recorded Seventh Day
o f the Eleventh month T w o T housand a M M H ^M -'om m on era
and
Secretary o f State non-U CC filing record It ^ ■ ■ ■ ■ ■ > - 2 6 . xx. Recorded Thirtieth Day o f the Sixth month Two
Thousand a m M B c o m m o n era
T RU ST IDENTIFICA TION N U M B E R (TiN ) R R |
(Rev. 1 - 12/31/11)
A Pure T rust Entity established under

The Laws o f Equity o f the Republic o f the united states o f Am erica, 1776
C opy C laim ed February 2020 -186-

FIRST
iFa m ily of b o r n on t h e l a n d PROPERTY o f L i v e B i r t h deed u n d e r S e a l
o f t h e la n d e d e s t a t e r e c o r d e d by t h e Regi s t r a r o f County, n a tio n F i l e No.
r e c o r d e d May and F a m ily of b o r n on th e
l a n d PROPERTY o f L i v e B i r t h deed u n d e r S e a l o f t h e l a n d e d e s t a t e r e c o r d e d b y th e R e g i s t r a r
County, n a tio n F i l e No. ■ ■ ■ J u n e B H H B i j o i n t l y and s e v e r a l l y
D e c l a r e by o u r own f r e e w i l l a c t and deed we h e r e i n and h e r e b y by o u r S e a l s below as
g r a n t o r s / s e t t l o r s / d o n o r s / c r e a t o r s / b e n e f i c i a r i e s , " G R A N T O R S / B E N E F I C I A R I E S ," on t h e t h i r t y
f i r s t Day o f t h e t w e l f t h Month o f Two — o f t h e y e a r o f t h e L o r d , nun p r o
t u n c , a b i n i t i o , t h e f o r m a t i o n o f RR u s T R U S T , h e r e i n a f t e r r e f e r r e d t o as t h e
"TRUST, a p r i v a t e express re v o c a b le m o d ifia b le t r u s t a ssig n e d to
b o t h h i s p r i v a t e c a p a c i t y and p u b l i c c a p a c i t y Occ u p a n t o f t h e O f f i c e o f C h i e f E x e c u t i v e
O f f ic e r of M o rtg a g e t r u s t e e of th e TRUST,
h e r e i n a f t e r " T R U S T E E , " and t o any d u l y a u t h o r i z e d s u c c e s s o r s o r a s s i g n s who g l e a n t h i s
p riv a t e c o n f id e n t ia l e q u ita b le in s tru m e n t, i t s e l f a s p e c ia l d e p o s it f o r a s p e c if ic
p u r p o s e , h e r e i n a f t e r " I N S T R U M E N T ."
TRUS T INSTRUMENT i s t h e f o r m a l w r i t t e n e x p r e s s e d s p e c i a l t r u s t r e l a t i o n s h i p o f t h e p a r t i e s
i n r e l a t i o n t o t r u s t p r o p e r t y i d e n t i f i e d as t h e p r o p e r t y s i t u a t e d i n t h e C o u n ty o f
and S t a t e o f M in n e s o t a d e s c r i b e d as L o t H i , B l o c k ■ , ■ ■ ■ ■ A d d itio n , S e c t -B T w p -Q B
R a n g e -O M B L o t ■ ■ , B l o c k I , P1D: ■ J H . ■ . ■ . M M commonly known as A v e . SW, New
■ ■ ■ ■ f t and t h e f i n a n c i a l a s s e t s and l i a b i l i t y i n s t r u m e n t s , r e c o r d s p u b l i c and
p r i v a t e , and p ro c e e d s a t t a c h e d t h e r e w i t h , h e r e i n a f t e r "PROPERTY" i s d e c l a r e d s p e c i a l
d e p o s i t f o r a s p e c i f i c p u r p o s e , and f o r a l l s p e c i a l d e p o s i t s f o r a s p e c i f i c p u rp o s e
h e r e a f t e r t i t l e d "RR US."
CORPUS
T r u s t r e s o f t h e t r u s t i s G R A N TO R S /B E N EF IC IA R IES ' s p e c i a l d e p o s i t s i d e n t i f i e d t o T r u s t e e
and t h e i r e q u i t a b l e t i t l e — b e n e f i c i a l i n t e r e s t - o f PROPERTY. S t a t e o f County of
PROPERTY and a l l i t s a t t a c h m e n t s a r e t h e p r o p e r t y o f t h e T R U S T .
FORMATION
Method o f f o r m a t i o n o f t h e TRUST i s by d e c l a r a t i o n , f u l l a s s i g n m e n t , and t r a n s f e r o f a
s p e c i a l d e p o s i t f o r a s p e c i f i c p u r p o s e , d e l i v e r y and en d o rse m e n t on U n i t e d S t a t e s P o s t a l
S e r v i c e Form 3811 R e g i s t e r e d M a i l No. RE US. The re c o rd s o f th e f o r m ation o f
t h e TRUST a r e : a ) f u l l a s s i g n m e n t on a S e c r e t a r y o f S t a t e n o n - U C C - 3 Amended 2 0 1 0 - B I ^ ^ H -
2 6 .0 6 and H f t B C o u n t y Document No. ■ ■ ^ ^ 1 s e r v i n g as two w i t n e s s e s t o o u r f r e e w i l l a c t s
and deed t o e s t a b l i s h t h e f a c t o f t h e s p e c i a l t r u s t r e l a t i o n s h i p o f t h e p a r t i e s ; a nd ,
abs ence o f an e x p r e s s r e f u s a l on t h e p a r t o f t h e t r u s t e e t h e r e f o r e by o p e r a t i o n o f la w t h e
t r u s t forms a l s o . L a s t l y , t h i s INSTRUMENT, h e r e i n d e c l a r e d a B p e c i a l d e p o s i t f o r a
s p e c i f i c p u r p o s e d e l i v e r e d by t h e U n i t e d S t a t e s P o s t a l S e r v i c e R e g i s t e r e d M a i l No. RE H I
US, a l t o g e t h e r t h e a f o r e m e n t i o n e d j o i n t l y o r s e v e r a l l y s u b s t a n t i a t e s th e de eds and
r e c o r d s o f t h e p r i v a t e t r u s t ' s f o r m a t i o n betwee n t h e p a r t i e s , t h e e x e c u t i o n , t r a n s f e r ,
d e l i v e r y , e n d o rs e m e n t, a s s i g n m e n t o f t h e C o r p u s t o T R U S T E E , and by o p e r a t i o n of l a w ,
j o i n t l y o r s e v e r a l l y , c o n s t i t u t e t h e "FORMATION" o f t h e T R U S T .
ACCEPTANCE
T r u s t e e ' s a c c e p t a n c e o f t r u s t s h a l l be a c t u a l a n d / o r c o n s t r u c t i v e a c c e p t a n c e by 1) t h e i r
c o n d u c t o f n o t r e t u r n i n g t r u s t p r o p e r t y w i t h i n t e n ( 10) da ys o f r e c e i p t o f TRUST
INSTRUMENT; 2 ) r e t u r n / r e v o k e a l l o f G RA NTO R S/B ENEFIC IAR IES p r o p e r t y i n c l u d i n g any and a l l
p u b i c PROPERTY a s s i g n m e n t s , o r i g i n a l s i g n a t u r e s o f G R A N TO R S /B E N E F IC IA R IE S , c h a t t e l s ,
c r e d i t s , a s s e t s and r e c o r d s and sw ear u n d e r O ath u n d e r N o t a r y S e a l o f t h e i r r e t u r n ,
d e s t r u c t i o n , d i s p o s a l w i l l c o n s t i t u t e t r u s t e e ' s r e f u s a l o f a c c e p t a n c e o f t r u s t e e s h i p ; 3)
a p p o i n t a r e p l a c e m e n t t r u s t e e f o r " t r u s t c a n n o t f a i l f o r w ant o f t r u s t e e " ; and, 4 ) t h e
d i s c l a i m e r i s r e c e i v e d by t h e 3rd P a r t y W i t n e s s l i s t e d on t h e M a i l i n g A f f i d a v i t t h a t
accompanied INS TRUMENT. O n l y by c o m p l e t i o n o f t h e f o u r r e q u i r e m e n t s can TRUSTEE f u l l y
d i s c l a i m TRUST.
SECOND
S P E C I F I C PURPOSE AND PERFORMANCE
GRA NTO R/B ENEFICIARIE S s p e c i f i c i n t e n t and p u r p o s e o f t h e T R U S T , i s :

1. T o w i t h d r a w PROPERTY from g e n e r a l and p u b l i c c r e d i t o r / d e b t o r , l a n d l o r d / t e n a n t
r e l a t i o n s i n t o t h e r e a l m o f p r i v a t e s p e c i a l t r u s t r e l a t i o n s r e g a r d i n g PROPERTY;
2 . T o b r i n g t h e PROPERTY o u t o f t h e p u b l i c r e a l m i n t o t h e p r i v a t e ;
3 . T o merge t h e l e g a l and e q u i t a b l e t i t l e s o f t h e PROPERTY to v e s t i n the
b e n e fic ia rie s ;
4 . T o i d e n t i f y b e n e f i c i a r i e s as t h e t r u e r e a l b e n e f i c i a l i n t e r e s t h o l d e r s i n due c o u r s e
of re a l p ro p e rty .
5 . T o p r o v i d e p r e s e n t e n j o y m e n t and e x c l u s i v e p o s s e s s i o n o f t h e PROPERTY by t h e
b e n e fic ia rie s .
6 . T o change t h e n a t u r e and c h a r a c t e r o f t h e PROPERTY f ro m b e in g a m ark e ta b le s e c u r i t y
t o b e i n g p e r f e c t e d good and l a w f u l t i t l e .
7 . T o r e c o u p GRANTO R S/BEN EFICIAR IES f i n a n c i a l a s s e t s , r e a l and i n t a n g i b l e p r o p e r t y
l i n k e d t o PROPERTY.
Copy Claim ed February 2020 ■187-

rr mmmmmm us tr u s t
8 . T o c o r r e c t t h e p u b l i c r e c o r d t o r e f l e c t t h e t r u e owne rs o f PROPERTY.
9 . T o r e c o r d t h e l a w f u l ow ne rs o f t h e PROPERTY.
10. T o p r o t e c t PROPERTY f ro m f r a u d u l e n t c o m m e r c ia l c l a i m s .
11. T o c o r r e c t f o r f r a u d , e r r o r , m i s t a k e , and n e g l i g e n c e .
12. T o e x t i n g u i s h P ROPERTY 'S d e b t s and l i a b i l i t i e s th ru the a p p l i c a t i o n of m erging
t h e l e g a l and e q u i t a b l e t i t l e s o f the tru st.
13. T o e x t e n d i m m u n i t y t o TRUSTEE f o r p e r f o r m a n c e o f a p u r e l y p r i v a t e , non
c o m m e r c i a l , n o n - s t a t u t o r y l a w f u l f u n c t i o n o r d e r e d by G RA NTO R S /B E NEFIC IAR IES.
14. T o a l l o w f o r t h e G RA NTO R S/BENEFIC IAR IES p e a c e f u l p o s s e s s i o n o f PROPERTY.
The d u ty o f p erfo rm ance o f th e TRUSTEE, is t o d i s c h a r g e t h e TRUST by e x e c u t i o n o f t h e

fo llo w in g :
1. Merge l e g a l and e q u i t a b l e t i t l e s o f PROPERTY b y t r a n s f e r r i n g l e g a l t i t l e o f t h e

p u b l i c r e c o r d t o t h e G RA NTO R S/BENEFIC IAR IE S and a f f e c t t h e e x t i n g u i s h m e n t o f l i e n s
and s e c u r i t i e s a l o n g w i t h i t .
2 . E x t i n g u i s h t h e p u b l i c r e c o r d and move PROPERTY i n t o t h e p r i v a t e .
3. R e c o r d t h e G R A N TO R S /BE N EF IC IAR IES as t h e h o l d e r o f a l l r i g h t , t i t l e , i n t e r e s t and
p r o c e e d s t h e r e w i t h o f PROPERTY i n t h e C o u n t y o f Ramsey R e c o r d e r o f Deeds and
R e g is t r a r of T i t l e s under R e g is tr a r S e a l.
4 . E x t i n g u i s h by m e r g e r o f t h e l e g a l and e q u i t a b l e t i t l e any l i e n s , w r i t s ,
f o r b e a r a n c e s , ju d g m e n ts a n d / o r encu m b rance s l i n k e d t o t h e PROPERTY.
5 . E n s u r e d e l i v e r y t o t h e G RA NTO R S/BEN EFIC IAR IES t h e i r n e t p r e s e n t e n jo y m e n t o f
p o s s e s s i o n o f t h e PROPERTY.
THIRD
T h e t i m e l i m i t i n t e n d e d f o r c o m p l e t i o n o f TRU ST p e r f o r m a n c e i s ten (10) days from r e c e i p t

and a c c e p t a n c e o f TRU ST INSTRUM ENT. TRUSTEE i s e s to p p e d fro m d i s c l a i m i n g because TRUSTEE
a l r e a d y h o l d s CORPUS u n l e s s t r u s t e e d e l i v e r s a q u a l i f i e d r e f u s a l o r d i s c l a i m e r d e s c r i b e d
above.
FOURTH
G RANTO RS/BENEFICTARIES a c c e p t t h e T R U S T E E ' S O ath o f O f f i c e and a l l s u c c e s s o r and a s s i g n s

a t t h e O f f i c e o f REGISTRAR AND RECORDER OF THE COUNTY OF W m m M and b i n d s each o f them t o
i t as w e l l as b e s to w my s o v e r e i g n i m m u n i t y on them w h i l e a d m i n i s t r a t i n g my l a w f u l o r d e r s
and a u t h o r i z e s t h e TRUS TE E t o a d m i n i s t r a t e a c c o r d i n g l y i n good f a i t h , w i t h o u t r e p u d i a t i o n
o f t h e d u t y r e q u i r e d o f t h i s s p e c i a l p r i v a t e t r u s t . The TRUSTEE i s h e r e b y a u t h o r i z e d t o
d e l e g a t e o r s u b - d e l e g a t e any o f t h e a u t h o r i t i e s g r a n t e d h e r e i n t o any t h i r d p a r t y o f
h i s / h e r c h o o s i n g , p r o v i d e d t h a t any such d e l e g a t i o n o r s u b - d e l e g a t i o n i s made i n w r i t i n g ,
t h i s w r i t t e n r e c o r d must s p e c i f y t h e e x t e n t and n a t u r e o f powers d e l e g a t e d , a lo n g w i t h t h e
l e n g t h o f t i m e t h a t such d e l e g a t i o n w i l l be i n e f f e c t .
An y u n l a w f u l p u r p o s e o f t h e t r u s t s h a l l n o t be i m p u te d t o t h e G RANTO RS/BE NEFICIARIES n o r

s h a l l i t i n v a l i d a t e t h e o t h e r e le m e n t s o f t h e TRU ST o r INSTRUMENT.
FIFTH
A l l t r u s t m a t t e r s h e r e i n r e f e r e n c e d a r e p r i v a t e , c o n f i d e n t i a l and f a i t h f u l l y p e rfo rm e d
u n d e r s p e c i a l c i r c u m s t a n c e s f o r a s p e c i f i c p u r p o s e . TRUSTEE i s c h a r g e d w i t h th e f a i t h f u l
d u t y and e x e c u t i o n o f t h e s p e c i f i c p u r p o s e o f t h e e x p r e s s t r u s t c o n t a i n e d h e r e i n by
j u r i s d i c t i o n o f t h e l a n d v enue o f a C o u r t o f C h a n c e r y / E q u i t y County The
f o l l o w i n g Maxims o f E q u i t y s h a l l g o v e r n t h e T R U S T :
Equity regards done what ought to be done.

Equity shall not suffer a wrong to be without a remedy.
Equity delights in equality.
Equity imputes an intent to fulfill an obligation.
Equity acts in personam.
Equity abhors a forfeiture.
Equity does not require an idle gesture.
Equity shall take jurisdiction to avoid a multiplicity of suits.
Equity follows the law.
Equity shall not allow a statute to be used as a cloak for fraud.
Equity shall not allow a trust to fail for want of a trustee.
SIXTH
D u t i e s o f t h e TRUS TEE a r e m a n d a to ry and n o t d i s c r e t i o n a r y w h i l e c a u s i n g no harm upon any

o t h e r man o r woman, o r o t h e r e n t i t y . I f any i n d i v i d u a l b r i n g s an a d v e r s e bona f i d e c l a i m
t o t h e r i g h t s , t i t l e , and i n t e r e s t t o t h e TRU ST a s s e t s and PROPERTY t h e y a r e d i r e c t e d t o
p r e s e n t t h e i r p r i m a f a c i e c l a i m i n e q u i t y u n d e r sw orn a f f i d a v i t s i g n e d b y two w i t n e s s e s ,
ac c om p a nie d w i t h s u p p o r t i n g r e c o r d s , s t a t i n g t h e y have a s u p e r i o r o r e q u a l e q u i t a b l e c l a i m
t o above r e f e r e n c e d PROPERTY i n r e l a t i o n t o t h a t o f t h e G RA NTO R S /B ENEFIC IAR IES. A ll
Copy Claim ed February 2020 188-

RR US T R U S T
a d v e r s e c l a i m s must be made i n t h e name o f a l i v i n g man o r woman and be t h e r e a l p a r t y of

i n t e r e s t n o t j u s t by c h a r a c t e r i s t i c b u t a l s o by n a t u r e and must be p r e s e n t e d u n d e r l a w f u l
o a th a d m i n i s t e r e d by a J u d i c i a l O f f i c e r u n d e r h i s s e a l , a t t e s t e d by a c o u r t o f r e c o r d o f
c l a i m a n t s r e s i d e n t S t a t e acc om p anied w i t h c e r t i f i c a t i o n o f a u t h o r i z a t i o n o f t h e s w e a r i n g
o f f i c e r ' s com m ission a n d / o r a u t h o r i t y .
SEVENTH
GRANTO RS/B ENEFICIARIES e x p r e s s l y p r o h i b i t TRUSTEE any s o r t o f r e p u d i a t i o n w h e t h e r - v e r b a l

o r w r i t t e n , f ro m a c t i o n o r i n a c t i o n , i n t e n t i o n a l o r u n i n t e n t i o n a l - o f t h e d u t y o f
p e r f o r m a n c e o f t h e TRU ST re p o s e d i n t h e TRUST EE by t h e G R A N TO R S / B E N E F IC IA R IE S .
EIGHTH
J U R I S D I C T I O N AND VENUE OF TRUST I S COUNTY OF ■ ■ ■ ■ , N ATION OF IN E Q U IT Y OF THE

UN ITED STATES OF AMERICA, COURT OF CHANCERY, UNDER GOD, AND THE ACKNOWLEDGMENTS BELOW
ESTA BLIS HE S T H I S INSTRUMENT AU THORIZING TRUSTEE TO ADM IN ISTRA TE ACCORDINGLY THE D U T I E S TO
BE F A I T H F U L L Y PERFORMED. SO L E T I T BE W R IT T E N , SO L E T I T BE DONE.
I have e x e c u t e d t h i s i n s t r u m e n t o f my f r e e w i l l a c t and d e e d , s e t my hand and a f f i x e d my

seal s
seal)
by GRANTOR/BENEFICIARY:
(2ND Day of the FIRST Month of Two Thousand
by Co-GRANTOR/BENEFICIARY:l
EXPRESSLY RESERVING ALL LIDERTI
(2ND Day of the FIRST Month of Two Thousam
Before Me upon w i t n e s s i n g , t h e i n d i v i d u a l s s i g n e d b e lo w b y ^ J a e i r s e a l s a r e ^ w n b y me as
th o s e a c k n o w le d g i n g US TR U S T " on t h e day o f t h e _ J H | month i n
t h e Y e a r Two Th ou sa n d ye a r o f the L o rd .
Run Notice o f Trust to include possession o f property - 3 weeks in State Register to

make it “ Mandatory Judicial N otice” to all Judges in the State. State the fa cts o f
delivery, RR#, parties, property, date o f establishm ent o f tru st, and any Records
‘herein included and made fully apart hereof by reference’.
Be sure to Mail w ith USPS Form 381 7

Example 3817 Trust Tracer No. RR1 1 1 2 2 2 3 3 3 U S - 2 1 .20
Credit Certificate Number: H 9 0 2 7 7 5 1 4 A
U N ITE D STATES Certificate Of To p a y fe e , a ffix s t a m p s o r

K S M POSTAL SERVICE* Mailing m e te r p o s ta g e h e re .
T h is C e r tific a te o f M a ilin g p ro v id e s e v id e n c e th a t m a il h a s b e e n p re s e n te d to U S P S ® fo r m a ilin g .

T h is fo rm m a y b e u s e d fo r d o m e s t ic a n d in te rn a tio n a l m a il.
rom Doe, John Henry

John Henry Doe
---- P:Q.- Box-4-23456-------------------------------------
Mapletown, IA 123654
1 he United States ot America
To: „ P o stm a rk H e re
Occupant
Office of the Department of Treasury
-----1500 Pennsylvania Ave. Nw
Washington, District of Columbia.
The United States
PS Form 3817, April 2007 PSN 7530-02-000-9065
3 t1 fl 3 □ 4 □ □ □ □ □ b 5 4 1 R fl 7 4
Notice of Adult Execution of Form SSA-3000
1. Tender for Account Number 380578816, special deposit endorsed for credit on account.
2. One Dollar Coin of the U. S. Mint.
3. One Dollar Note, endorsed for credit.
4. One Dollar Postal Stamp, canceled.
If you refuse this Tender you must notify in writing all copied parties listed below of your refusal by five (5) days upon
receipt of or the Tender shall be deemed accepted in full:
1) John Henry Doe, Doe, John Henry, PO BOX 123456, Mapletown, IA 123654.
2) Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220.
Certified Mail No. 113D □□□□ E41fi 7 fi1 b
3) Treasurer of the United States, 1973 N Rulon Blvd, Ogden, UT 84404.
Certified Mail No. SbSS 3D4D □□□□ 4577 D5 41
John Henry Doe.

Payee, Attorney In Fact.
Private Civilian National of The United States of America,
Ingressed as a Non-m ilitary occupied resident without the “United Sta'
P.O. Box 123456, Mapletown, Iowa
C E R T IF IE D , F IL E D , AND/OR
_ _ RECORDED ON
■ B B /2 0 0 5 ■ ■ ■ ■ /I" .
AS DOC # :
PA G E S :
REC F E E S : $ 4 6 .0 0
COUNTY RECORDER
TSF fDTY
C E R T IF I C A T E O F T R U S T F o r m N o . 4 0 .1 - M |U n it'o rm
■ ■ ■ S T A T §50111.56 C o n v e y a n c in g B la n k s (1992)
B y I n d iv id u a l (Top 3 Inches Reserved for Recording Data)
ST A T E O F
COUNTY OF
}
G e o rg e I , b ein g first d u ly s w o rn , o n o ath says:
]. T he nam e o f the T ru st is: G e o rg e 'I
2. T he d ate o f the T rust In stru m e n t is: J 20 05
3. T he n am e o f ea ch G ran to r/S e ttlo r is:

■J ■■
4. T h e n a m < M )l^ a c } M )n g in ^
G eo rg eB
5. T he nam e and address o f each T rustee em pow ered to act under the T rust In stru m e n t at the tim e o f ex ecu tio n o f this C ertific ate is:
G e o rg e I
6. T h e T ru ste es are au th o rized by the In stru m e n t to sell, convey, p led g e, m o rtg ag e, lease, o r tra n sfe r title to any in terest in real o r p e r
sonal property, E X C E P T as lim ited by the follow ing (if none, so indicate):
None___
(Insert lim itations on Trustee(s) authority, or if there is no lim itation insert "None.” )
7. A ny other T ru st p ro v isio n s the und ersig n ed w ishes to include:

N/A
8. T h e T ru st □ has E has not (check one) term inated o r been revoked.

9. T he statem e n ts co n tain ed in this C ertificate o f T ru st are true and co rrec t and th e re are n o o th e r p ro v is io n s in th e T ru s t In stru m en t
or am endm ents to it that lim it the pow ers o f th e T ru ste e(s) to sell, convey, p led g e, m o rtg ag e, le ase, o r tra n s fe r title to in te re sts in real
o r personal property.
S ig n atu re o f T ru ste e o r G ra n to r/S e ttlo r
Copy Claim ed February 2020 pA f-iF ^ Q p \ PAG fc-S -191-

C U R R E N T T A X C E R T IF IC A T IO N
o i l i c e u i C o u n ly R e c o r d e r ^
( ) R E Q U IR E D ( X ) N O T R E Q U IR E D
C o u n ty I
C E R T IF IC A T E O F R E A L E S T A T E V A L U E
I h e r e b y ce rtify th a t th e w ith in in s | ■ntwas
{ ) F IL E D NO T R E Q U IR E D in t hii iî affjfj i^f i fî i na u
y ae c o r d o n the
th e ,
NO D E L IN Q U E N T T A X E S - T j j f l f FER E N ^ | ^ _ A .D L L b L L o 'c lo c k m
a n d w a s d u ly r e c o r d e d a s D o c . N o
d a te 20 J H I r e c # _ J * ^ ^ B
DEED TAX H ER EO N O F $ / / 6 -S ~ ------------------------------- -
A U R E E N E B O R D E N , BY HK■
I C O U N T Y A U D IT O R /T R E A S U R E R
TR A N S F E R # ikO&fZT- D eputy
RECODE
(Top 3 inches reserved for recording data)
TRUSTEE’S DEED
by Individual Trustee
DEED TAX DUE: $1.65 DATE: December!
FOR VALUABLE CONSIDERATION, George| . as Trustee of George Revocable Trust

under Irust agreement daled September H I M (“Grantor"), hereby conveys and quitclaims to George | Trustee of the George
Revocable Trust dated D e c e m b e r ( “Grantee”), real property in County, legally described as
follows:
Qu L o tB fe lo c ! f l ^ H o o d Addition WELL CERTIFICATE
RECEIVED) ) NOT REQUIRED
Check here if all or part of the described real properly is Registered (Torrens) □
together with all hereditaments and appurtenances belonging thereto.
the conveyance is made subject to a mortgage, which the

grantee assumes and agrees to pay, becomes bound, upon
acceptance of the deed, as covenantor, to pay the mortgage.
Page 1 of 1
'I
Page 2 of 2 T R U S T E E 'S D E ED
Check applicable box: G rantor

□ The Seller certifies that the S e lle r d o e s not know of
any wells on the d escribed real property.
□ A well disclosure certificate a c c o m p a n ie s this
docum ent or has been electronically filed. (If e lectronically filed,
insert W D C number: [...].)
13 I am fam iliar with the property de scrib e d in this
instrument and I certify that the status and num ber
of wells on the described real property have not chang ed
since the last previously filed well d isclosu re
certificate.
State of I County of (|
This instrument w as acknow ledged before m e on D e ce m b e r ^ ■ 1 by G e orge as T ru ste e of G eorge
iR e v o c a b le Trust under trust ag reem ent dated S e pte m b er
(Stamp)
(month/day/year)
THIS INSTRUMENT WAS DRAFTED BY: TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS
INSTRUMENT SHOULD BE SENT TO:

Template Assignment
of Equitable Interest
ASSIGNMENT BY BENEFICIARY
Assignment by Cestui
For One Dollar Silver Coin ($1.00) and other good and valuable consideration, receipt
whereof is hereby acknowledged, the undersigned, beneficiary of that certain trust created by
Ralph Davis on July 14th, 2015, with Frank Sanders as Trustee, hereby assigns and transfers all
of his right, title, interest and benefit in and under said trust to John King, and authorizes him
irrevocably as Attorney in Fact to accept and receipt for all income, profits and benefits payable
to said beneficiary out of said trust property.
Witness:
Harvey Wright
Notice of Assignment by Cestui
Eugene James [Seal]
Date: March 18, 2015
To Frank Sanders, as Trustee under the deed of trust, dated July 14, 2015
Please be advised that Eugene James, by assignment dated the 18th day of March, 2015, for
good and valuable considerations, has assigned and transferred to the undersigned, all his right,
title, and interest in and to said trust property. A copy of said assignment is attached hereto.
Kindly acknowledge receipt of this notice of assignment. Dated this 19th of March, 2015.
John King.
Received notice of assignment this 21st day of March, 2015.

Frank Sanders, As Trustee as Aforesaid.

Example Template A&A
Notice of Acknowledgement and Acceptance ab initio
Subject: Secretary o f State John F. Kerry signed Deed Poll Conveyance Annexes
12021949-5 & 12023854-1 State o f Ohio issued registered organizations “EDWARD HENRY
DOE, STATE OF OHIO CERTIFICATION OF BIRTH”, STATE FILE NUMBER 33333333:
“Edward Henry Doe” OHIO CERTIFICATE OF LIVE BIRTH NO. 444444, 31 MAY 1950,
respectively, hereinafter “Deed Poll” attached herewith and made apart hereto;
Grantors/Custodians:
John F. Kerry, United States o f America. DEPARTMENT OF STATE)
MAPLE COUNTY & its Registrar )
Administrators, Escheat
STATE OF OHIO & its Registrar ) Custodians as implied
Occupant o f the Office o f C.E.O. o f Ohio ) grantors, “Grantors”
All there agents and other unknown persons similarly situated )
Heir/Grantee: Doe, edward Henry', private citizen of the United States/Minnesotan national, heir &
grantee, hereinafter “Grantee”,
Be It Known to all persons, “United States”, and men worldwide and to the above referenced Grantors:
i, the scriber below, :Doe; edward Henry':, Heir/Grautee herein, a Private American Citizen
national of a protected class as a matter o f record herein incorporated by reference “Declaration o f Status o f Doe,
edward henry", with intent and purpose, freewill act, volition and deed execute this notice o f My acknowledgment
and acceptance ab initio 31 May 1950 without consideration for the above referenced Deed Poll by which law
“shall be treated equal to the original” and all rents, proceeds, funds, attachments, assets and interest attached
herewith and made apart hereto under the terms o f said deeds. Notice to Trespassers without express written
consent is a matter of record Ramsey comity abstr act “Notice o f Binding Fee Schedule”, incorporated herein by
reference. Heir/Grantee orders that the record on file in a court o f record be updated to show said acknowledgment
and acceptance without consideration o f Grantee’s Deed. This record replaces and previously filed said
acknowledgements on record with any record custodian. Heir/Grantee’s acceptance is governed by Maxims o f
Equity: “Equity<will not aid a volunteer, Equity will not complete an imperfect gift; in a conflict o f equitiesthe
superior equity>will pre\'ail; where there are equal equities the first in order o f time shall pres'ail; where there are
equal equities the law must pre\'ail." Note: grantee now assigns his proprietary “Special Deposit” title
“RR111222333US-01” to same said joint subject matter now held hi equitable fee simple absolute. Done under
My hand and seal with intent, special puipose, freewill, volition and Deed:
Private Witness - Attestor. :Doe; edward henry:, heir/grantee.

private citizen o f the United States/Minnesotan national under the Treaty
o f the Hague Article 23.
Attachments:
Secretary o f State John F. Kerry signed Deed Poll Conveyance 12023854-1 (1 page);
Secretary o f State Ohio Certificate o f Authentication (1 page);
State o f Ohio “Certificate o f Live Birth" (1 page);
Secretary o f State John F. Kerry signed Deed Poll Conveyance 12021949-5 (1 page);
Secretary o f State Ohio Certificate o f Authentication (1 page);
State of Ohio “Certification o f Birth” (1 page).

547 BILLS OF REVIVOR. §698
C H A P T E R X X X IV .
ABATEM ENT AND REVIVOR.
A r tic le I. B ills, of Revivor.
A r tic le II. Statutory Methods of Revivor.
A r tic le III. B ills Akin to B ills of Revivor:
A r tic le IV. D efences to Proceedings to Revive.
ARTICLE I.
B IL L S O F R E V IV O R .
698. W hen a Suit in Chancery is Abated. § 704. W hat M atters are in Issue Upon a
699. Bill of Revivor. Bill of Revivor.
700. W hen a Revivor is Unnecessary. § 705. Some General Results of a Revivor.
701. The Proper Parties to a Bill of Re
vivor. § 706. Summary of the Rules Relative to R e
702. W hen the W idow Should be M ade a vivors.
Party. § 707. Revivor of Decrees.
703. W hen a Defendant May File a Bill of 8 708. Fram e of a Bill of Revivor.
Revivor. § 709. Form of a Bill of Revivor.
§ 698. W hen a Suit in Chancery is Abated.—W henever a suit in Chancery
becomes defective, for want of parties before the Court, by or against whom
it can, in whole or in part, be prosecuted, it is said to be abated.1 An abate
ment, in the sense of the common law, is an entire destruction of the suit, so
that it is quashed and ended. But in the sense of Courts of Equity, an abate
ment signifies only a present suspension of all proceedings in the suit, from the
want of proper parties capable of proceeding, or being proceeded against,
therein. A t the common law, a suit when abated, is absolutely dead. But in
Equity a suit, when abated, is m erely in a state of suspended anim ation; and
may be revived. The death, or marriage, of one of the original parties to the
suit, is the most common cause of the abatement of a suit in Equity. As the
interest of a complainant usually extends to the whole suit, therefore, upon the
death of a complainant, or the marriage of a female complainant, all proceed
ings become abated. Upon the death of a defendant, likewise, all proceedings
become abated as to that defendant.1 But upon the marriage of a female de
fendant, the proceedings do not abate, although her husband ought to be named
in the subsequent proceedings.2 Suits by public officers, in their official ca
pacity, do not abate by the death of the individual holding the office, or by the
expiration of his term, and no revivor in the name of his successor is necessary.3
If any property or right in litigation, vested in a complainant, is transm itted
to another, the person to whom it is transmitted, is entitled to supply the de
fects of the suit, if it has become defective merely; and to continue it, or at
least to have the benefit of it, if it is abated. So, if any property or right,
before vested in a defendant, becomes transm itted to another person, the com
plainant is entitled to render the suit perfect, if it has become defective, or
to continue it, if it is abated, against the person to whom that property or right
is transmitted.
l W hen a party dies, the suit dies as to such party. partv is an absolute nullity. M orrison v. Deaderick.
The suit may, however, be resurrected by a scire 10 Hum., 342. B ut see, post, § 888; and note 4,
fa cia sQ & p f ©f&iftfed'f’ebriteflty ®0j?Osuch a resur- infra. -197-
ATTATEMEN1
John Henry’s EXAMPLE
First Amendment Petition for Abatement
To: Respondent, JUDGE LEROY W. BUFFER, COUNTY COURT AT LAW, YAVAPAI
COUNTY, IOWA STATE REPUBLIC; ONE EAST MAIN STREET, HICKVILLE, IOWA, [33344],
PS Registered Mail RR 111 222 333 US, Restricted Delivery.
Sent irom: Private citizens of the USA "cestui que heir & subrogee" o f the union states within a non
military occupied private estate; a private citizen whose rights cannot be seen in a military jurisdiction
court:
John Henry of the family Doe; c/o general delivery, Maple, Iowa, on the land of continental united states,
North America.
Regarding; Complaint, demand or accusation [No. 12cv-l 234], attached and returned hereto and thereby incorporated by
reference as an integral part of this Petition for Abatement.
NOW COMES John Henry of the family Doe, on a ministerial appearance as the flesh and blood live man, an heir /
beneficiary without the protection or defense of an executor, trustee, personal representative, or administrator o f the
decedent’s legal estate, a private citizen American National by authority of the First Article of amendment (A.D. 1791) to
the Constitution for the united States of America, to petition this court to abate the above referenced Accusation/Complaint
on the following grounds:
1. The accusation/complaint against JOHN HENRY DOE, a fictitious name, and misnomer was delivered
into my hand on or around February eighteen, two thousand sixteen. As a prudent man who fears that
ignoring the Instrument might well result in coercive procedures being used against him, I have chosen to
approach this court with this petition in an abundance o f caution in a limited restricted ministerial duty to
investigate having been put on inquiry that the court abate the Instrument so it cannot in its present form
further destroy my primary protected inalienable rights endowed by God to me, damaged by these current
military jurisdiction proceedings.
2. That the paper was delivered to me is evidence that this is a case o f misnomer or mistaken identity. The
instrument is against a fictitious commercial name, “JOHN HENRY DOE,” for which I am but an agent
without recourse to the DOE, JOHN HENRY; W yoming’s principles estate. My given, Christian name is
“John,” my common name “Henry” — I have no middle name and a middle name is not recognized in
law— with the initial letters capitalized as required by Rules o f English Grammar for the writing o f the
names of natural persons. My patronymic, family name or surname is “Doe,” with the initial letter
capitalized. The accusation/complaint does not name me as a Party, nor does this accusation/complaint
identify what Mode o f acquiring jurisdiction, nor does it state the Nature and Cause o f the accusation with
regard to the elements o f personal jurisdiction, venue and nature o f the action alleged.
3. I do not consent to contract with this court in my name, or that of a misnomer, or of an artificial decedent’s legal
estate and I notice this court that I am not the trustee nor primarily liable for the artificial entity named in your
paperwork.
4. I am not the surety no secondarily liable for JOHN HENRY DOE, AND ALL VARIATIONS, etc., created by the
state of IOWA. I am not the primary liable surety for account [No. 14CR-12345]. However, if the State of Iowa
make me liable in any way this shall serve as my notice o f demand for exoneration, and if my private property be
threatened in anyway this shall also serve as a notice o f my private right to subrogation and substitution by a
private civilian citizen against all the court’s assets pro tanto in a civilian due process proceeding.
5. If the complainant or accuser has any claim or argument against me, it can bring a complaint or
accusation against my real name, in a court o f law (not by an administrative court which only has
jurisdiction over corporations and other fictions), by placing an affidavit o f a live injured party on the
record o f the court, to invoke a civilian due process jurisdiction o f the court. My objections herein will
make it possible for the complainant or accuser to issue a corrected writ, which is the primary purpose of
Copy Glottnod February 2020---------------------------------------------------------------------------------------------------------------------------------------------- — ---------------------- +98-
John H enry's F irst A m e n d m e n t P e titio n to A b a te - P a g e 1
m a tte rs in a b a te m e n t.
6. In accordance with Article 6 section 3 of the Constitution for the United States of America, I accept all
court officers’ oath to uphold, preserve, protect, and defend the Constitution o f Iowa and that of The
United States o f America. Because o f this oath You, Larry M. Butler, entered into voluntarily, 1 must
receive constitutional civilian due process, protecting my rights to life, liberty, private property, and all rights
endowed by God. As a Private American citizen, I am not subject to the Trading with the Enemy Act as amended
by the Emergency Banking Relief Act o f 1933, but the court is charged with sole exclusive duty to protect me and
my property and civilian due process protections o f the written constitutions.
7. As there is no evidence on the papers delivered to me, and returned to you, that 1 will be receiving civilian
due process o f law in existing proceedings:
I therefore order you abate this military jurisdiction proceeding.
I release and discharge you from all military obligations to give military process.
I indemnify all officers o f the court for not giving military process and accept all officers
oaths to the Constitution on special deposit.
I attach to the officers o f the court unlimited liability their personal property and to their persons
until such abatement is executed for the irreparable harm done to my protections and security
they have sworn an oath to uphold. Said attachment is collateral security in the form of a
equitable mortgage with all rights to assign as a chose in action.
8. This, by content, grounds, intent and definition is a petition in abatement, and is not a plea in bar; and
may not be construed as a consent o f any kind to the court’s military jurisdiction, or for mere amendment
of the instrument. It may be justly resolved, only by abatement and made void by the court.
When a Petition for Abatement is before a court, that court is charged with according to the defendant (petitioner) the
benefit of the doubt. In addition, courts should take cognizance of the law that provides: Where conditions for its issuance
exist, abatement is a matter of right, not of discretion; The misnomer or mis-description of a party defendant is ground for
abatement; and, Grounds for abatements are the same for equity and law cases.
FURTHER 1 SAYETH NOT, except to advise the court that in the absence of abatement of the instrument, 1 shall
henceforth remain mute.
Dated th is _______ day of th e ____________ month of the Year of our Lord, Two Thousand_______________ Anno
Domini, on the land commonly known as Maple county, Iowa State Republic:
By:............................................................................ without recourse/prejudice

John Henry (of the family Doe)
See Attachm ent: R eturned papers sent to m e by m istake by county clerk
ASSERVERATION
IN WITNESS WHEREOF WE DO HEREBY SET OUR HANDS
1st W itn e s s S ig n a tu r e D a te 1st W itn e s s N a m e
2nd W itn e s s S ig n a tu r e D a te 2nd W itn e s s N a m e
3rd W itn e s s S ig n a tu r e D a te 3rd W itn e s s N a m e
■Gopy-€ lflimcd February 2020--------------------------------------------------- 4
Jo h n H en ry 's F irst A m e n d m e n t P e titio n to A b a te - P a g e 2

office of trustee
RR111222333US~xx Trust
Secretary of State File # 111222, September 3, 2016
DMV PRIVATE
Estate trust of "john henry doe" of maple county, state of iowa
in care of: #12345 main street, maple town, state of iowa.
in c o n fid e n c e
NOTICE
OVER BOOK
ENTRY
January 5, 2017
Subject Matter: notice of subrogation and deposit of indemnity security in connection

with ABC Company account ("Account") 34567.
To All Men By These Presents Come, Greetings:
It is my duty, by broad authority, and power entrusted to me in the above

RR111222333US—xx T r u s t ("Trust") that I'm required to account for all equitable
interest arising by my rights of subrogation as the signer, implied surety,
secondarily liable, and payor of said Account, and do declare to be subrogated to the
rights of ABC Company's ("creditor") said Account, hereinafter subrogor. It is
therefore ordered, and i t 's your duty as subrogor, that you transmit to me the
securities and interest in connection for this Account.
Please note that for your benefit you are now deemed by this office to be a
fiduciary trustee and under 3aid trust indemnity is precluded. Further, please note
that the identity of the Account's principal debtor ("principal") for the above
referenced account is "JOHN HENRY DOE" of Iowa in connection with Account and also by
public notice on file and a matter of record, included herein by reference, see "Trust
Annex B" attached herewith.
The quiet use and enjoyment of this Account by this Trust and its parties
intends to continue as a matter of course. All such interest arising from this
equitable subrogation is now declared Trust property, and our files assign to it title
RR111222333US—X X .2.
Please find herewith specially deposited with you a registered security issued
by the principal THE STATE OF IOWA "JOHN HENRY DOE" in the nature of indemnity
intended for your benefit as the creditor of this Account.
This trust is guaranteeing collection and thus you are directed to seek
payments and collection of funds from said principal security for each month's
invoices of this Account, or that you state a reason be given for its denial (Minn.
Stat. 336.3-419).
I thank you for your prompt attention to thi3 matter.
Sincerely,
D oe, jo h n
trustee
cc:
p o s tm a s te r g e n e r a l , M a r v in R u n y o n , 475 L ’ E n f a n t P la z a S o u th w e s t, W a s h in g to n , D is tric t o f C o lu m b ia ,
2 0 2 6 0 -0 0 1 0 ;
opy Claimed February 2020 -200-

§§ 9i3> 9 *7> 9*8 R. S., not embodied in the Judicial Code
but not expressly repealed thereby.1 T o these, b y virtue of
the powers granted in the last three sections, should be
added the newly promulgated E quity Rules, and in particular
Rules 7 and 8.
T he doctrine of the Federal courts as to their jurisdiction
in equity has always been most strict.
Original jurisdiction in equity has been interpreted to impose the
duty to adjudicate according to such rules and principles as governed
the action of the Court of Chancery in England which administered
equity at the time of the emigration of our ancestors and down to the
Constitution.2
This jurisdiction is uniform throughout the states and un

affected by state laws. This was early laid down by
Marshall and received classic statement b y Story in Boyle
v. Zacharie.3
The Chancery jurisdiction given by the Constitution and laws of
the United States is the same in all the states of the Union, and the
rule of decision is the same in all. In the exercise of that jurisdiction
the courts of the United States are not governed by the state practice;
but the Act of Congress of 1792, ch. 36, has provided that the modes of
proceeding in equity suits shall be according to the principles, rules,
and usages which belong to courts of equity as distinguished from
courts of law; subject of course to the provisions of the Acts of Con
gress, and to such alterations and rules as in the exercise of the powers
delegated by those acts the courts of the United States may from time
to time prescribe.4
Likewise in Noonan v. L e e 6 Judge Swayne said:
The Equity jurisdiction of the United States is derived from the

Constitution and laws of the United States. Their powers and rules
1 See § 297 of the Judicial Code.
* U nited States v. Howland, ( 1819 ) 4 W heat. 108, 1 1 5 .
* ( 1832) 6 Peters, 635 , 657 - 58 .
4 Cf. also per Todd, J., in Robinson v. Campbell, ( 1818 ) 3 W heat. 212 , 222.
6 ( 1862) 2 Black 499 , 509.

S T A T E OF A N G L O -A M E R IC A N LA W 27
of decision are the same in all the states. Their practice is regulated
by themselves, and by rules established by the Supreme Court.
This Court is invested by law with authority to make such rules. In
all these respects they are unaffected by state legislation.
It is frequently said that an exception to this doctrine

exists in the fact that an enlargement of equitable rights
by the statutes will be administered b y the Federal courts.
In the language of the leading case, the court, speaking by
Mr. Justice Bradley, said:
Whilst it is true that alterations in the jurisdiction of the state

courts cannot affect the equitable jurisdiction of the Circuit Courts of
the United States, so long as the equitable rights themselves remain,
ye t an enlargement of equitable rights may be administered by the
Circuit Courts as well as by the courts of the State.1
There is no doubt of the entire soundness of this doctrine

as frequently set forth b y the United States Supreme Court.
B ut it does not constitute any exception to the general
doctrine that the equity jurisdiction of the Federal courts
is derived solely from the Federal Government and is
national in character. A Federal court is not a foreigner
within the state in which it exercises its powers. In a
large part of its work its jurisdiction is concurrent with
the courts of the states. It finds its rules of decision, in
cases which do not arise under the Constitution of the
United States or the laws of Congress, in the local law of
the state which created the right asserted.
Every citizen of a State is a subject of two distinct sovereignties

having concurrent jurisdiction in the State — concurrent as to place
and persons, though distinct as to subject-matter. Legal or equitable
rights acquired under either system of laws may be enforced in any
court of either sovereignty competent to hear and determine such
kind of rights and not restrained by its constitution in the exercise of
such jurisdiction. Thus a legal or equitable right acquired under
1 Case of Broderick’s Will, ( 1874 ) 21 W all. 503 .

Success story using trust on a debt 2011.
B C C A S E T IM E L IN E
July 2011 HJHW contacted me with regards to a Small Claims issue that the CIBC had taken out with
him. His explanation to me at the time is that the bank had filed a small claims court issue that the
bank was trying to enforce a Default order on him. He got a transcript o f the default (in chambers)
hearing. He had never heard o f that before but he could not understand that the defense to the matter
had been filed and served. It was about a week before he got the Transcript o f the in chambers hearing
along with a recording o f the whole proceeding. In the recording there was a point where the Lawyer
Swore an oath that the defendant had filed a defense and failed to respond to notice. Justice asked if the
defendant was served and the lawyer said yes and stated the address that the defendant was served at. It
was an old address on their file that had not been used for 2 years and all other documents were served
at his real address for service (that on record at the court). The justice ordered judgment on the oath of
the lawyer.
HJHW and m yself got together on Skype to discuss the case. We had both been watching and studying
Dean Clifford recordings and discussions regarding trust-like arguments. Not knowing much about
trusts I had done some extra research regarding trusts and started learning about the terminology. 1
instructed HJHW on how to file a motion to remove default judgm ent on the grounds that Service was
improperly executed. The fact that both the bank and the lawyer both knew or should have known the
proper address for service as it was on every other document filed in the case.
HJHW filed the motion August 12, 2 0 1 1. It consisted o f the complaint o f the fact that the wrong
address was used to get the default in order to obtain judgment. He also claimed that as Grantor and
Beneficiary o f the resultant trust with the case (since no trust had been expressed) as well as the
resultant trust with the bank that constituted the loan that the default and judgm ent were
unconscionable. Date for the motion was granted for the September 28, 2011.
HJHW attended the hearing on September 28, 2011. Made his argument and was granted the
withdrawal of the judgm ent and default and a date was set for trial March 13, 2011. 1 knew this was
going to be his opportunity to rectify the situation in a more positive manner. 1 got into the in-depth
research and started looking for ways to ensure that he had his day in court properly and I had the sense
that Equity was the way. In my research I found small tidbits on how to set up trusts and the like. In the
meantime 1 got involved with someone I'll call Metatruth. He had a situation with traffic and I was
helping him set up his paperwork (as I understood it should be at the time). 1 worked with metatruth for
a while (December to January) and Early February he introduced me to another person he was working
with consolatodelmare and said he wasn't sure but he was working on things that seemed like what we
were doing or very similar to it. When we had had a few discussions with consolatodelmare 1 knew that
this was the answer.
March 5, 2012 I contacted and had documents and reference materials sent to me and got
right to work. I send Copies o f Everything to HJHW and we immediately got into the research and the
research started to correlate with HJHW's actions to this point so we fashioned-an Equitable pleading
from the Gibson book “ A Treatise on Equity” . Every single line placed in the pleading was backed up
with line by line references in what 1 called a Table o f Authorities with page # article # and the full text
from the book.
With regard to the SOI and NOI we had trouble discerning what that was in the beginning and decided

to leave that till later. I believed that both his statements on the record and his previous filings had
showed the intent to form a trust. For the moment I suggested that we work on the pleadings. Gibson's
book was extremely explicit in how to do this.To follow will be the details on the pleading documents.
March 8, 2011 Equitable pleading entered into the record with a Notice o f Interest in specific property
to be determined in private, confidential manner as the court may see fit.
March 9 2012 Entry into the file Notice o f Indenture re: Court File. #######
March 13 2012 Hearing 10:00 AM
Case called at 10:47 am. The following is the objections as they were recorded by hand.
Table o f Exceptions
11:08 Objection: Plaintiff cannot bring up default judgement and noting in default that has been
overturned.
Gounds: prejudice to the defendant the intention o f being overturned is to start over.
Response o f Justice: overruled plaintiff may continue.
11:13 Objection: Plaintiff cannot use defective service to re-instate default after default overturned on
same grounds.
Grounds: Already ruled defective in hearing to set aside default and judgment. Already deemed
prejudicial in previous hearing.
Result: Overruled, plaintiff may continue.
11:25 Objection: Plaintiff cannot infer that defendant is lying without proof which constitutes a writing
and some evidence o f Intent.
Grounds: Hearsay, prejudicial statements made without proof or any form o f evidence.
Response: overruled, please leave your objections for your response in your turn to speak in
your defense.
1:27 Objection: Defense has the right to object to issues it sees as prejudicial to the proceedings in the
proper time.
Grounds: Basic right to object in time. He who sleeps on his rights has none.
Response: Granted, but keep them to a minimum. < ------------------- Granted the
moment he used
"equity maxim" as
11:32 Objection: Plaintiff cannot accuse defendant o f fraud without proof thereof. a grounds.
Grounds: Fraud is Odious and should not be presumed.
Response: Overruled Plaintiff is entitled to his opinion. Continue.
:37 Objection: Plaintiff cannot accuse defendant o f fraud without proof thereof.
Grounds: Fraud is Odious and should not be presumed.
Response: Overruled Plaintiff is entitled to his opinion. Continue.
:42 Objection: Defense requires in chambers conference to present Private Confidential Proprietary
information for the court's consideration.
Grounds: Publishing the private confidential proprietary documents into the public record o f
this hearing defeats the private confidential proprietary nature o f the documents and
destroys the intent o f the documents.
Response: overruled There is no process At Law for the submission o f documents in private. Put
them on the record or move on.
11:46 Objection: The refusal to enter private confidential proprietary documents is prejudicial to the
defendant's cause.
Grounds: The court cannot compel defense to publish private confidential proprietary
documents.
Response: overruled You will put the documents into the record or move on.
11: 48 Objection: The refusal to enter private confidential proprietary documents is prejudicial to the
defendant's cause.
documents.
Response: overruled You will put the documents into the record or move on.
defendant's cause.
documents.
Response: overruled You will put the documents into the record or move on or you will be in
contempt o f court.
defendant's cause.
documents.
Response: overruled 1 don't know what type o f game you are playing at, but 1 assure you 1 am
not playing here. Move on or 1 will rule against you and enter default and judgment.
1: 55 Objection: Default and Judgment are unconscionable and prejudicial to the defendant's cause.
Grounds: Refusal o f the court to hear all the evidence.
Response: Defendant has by refusing to enter documents into the record is acting contemptuous
and combative and is seen as an attempt to thwart the case o f justice.
11:57 Objection: Default and Judgment are unconscionable and prejudicial to the defendant's cause.
Grounds: Refusal o f the court to acknowledge a Cause.
Response: Clear the court. Session is over. Bailiff clear the court.
HJHW went to lunch at a restaurant nearby and wrote the Table o f exceptions and a copy o f the
Equitable pleading. Filled out the form for an appeal and wrote the word URGENT on the document.
He went to the Registrar and attempted to file the documents. She said she could not accept it as
presented. He asked how he could make it acceptable. She said to write SPECIAL CAUSE across the
top. She also sated that he needed a transcript with the appeal. She suggested to order 3 copies o f the
transcript and she would add it and stamp orte copy with filed when ready. She then stated that the
earliest date was April 3, 2012 and that she would move two non-urgent appeals to make room for his
cause. He agreed to the date.

***One thing to note here is the Term SPECIAL CAUSE. A case (even a special one) would require
Leave o f the Court for appeal. He would have had to set a date to have the appeal heard as to the
ground and then if they agreed he had grounds he would have a “new Trial” so where would that “new
Trial” be? I bet it would default to an At Law court. Although, I believe that one could file an Equitable
pleading in that “new Trial” and explore that, I would prefer to supersede that with a SPECIAL
CAUSE. (NOT A SPECIAL CASE).
**** Also to look up in either Black's Law dictionary or Bouvier's law dictionary or both the terms
Private, Confidential and Proprietary to find out if the exact reason for the Closed Hearing o f the
contents o f the Cause (other than the injunction against publication).
April 3, 2012 10:00AM Date o f the court. HJHW was caught offguard (so was the Lawyer for CIBC)
since the chancellor made his opening statements and proceeded to HJHW for him to state his cause.
HJHW then stated that he could not proceed until he could present his “evidence” in chambers to
support his requested Relief o f an injunction o f publication o f the Private, Confidential, Proprietary
documents that make up the bulk o f the proof o f his cause. The Chancellor agreed to the In Chambers
meeting to review the evidence. In spite o f the objection o f the CIBC Lawyer.
10:14 am In chambers The Chancellor asked him what evidence that it was that was Private,
Confidential, and Proprietary and he produced the Statement o f Indenture on the Case, Identified by the
At Law Case # (the res) and the Beneficiary and Settleor was declared to be him self and the purpose
was “To settle any and all claims for and against the Beneficiary” and to have the “Trustees” Return
the res to the Beneficiary. The Stated Intent was same as the purpose. The Chancellor looked at his
Indenture and Asked him if that was the only trust he saw. He replied “No, I see two other Resultant
trusts - one with the CIBC and one with the Lawyer.” The Chancellor asked him “ Why do I not see
any declared trustee?” HJHW quickly replied “ I ran out o f time to do the research as to who the correct
Trustees would be and what their duties would be, but The Court will not let a Trust Fail for Lack o f
trustee, and turned to the table o f authorities o f the SOI and pointed that out by Quote o f Gibson and a
Quote o f Story. The chancellor looked at the transcript o f the At Law Case and then looked through all
the paperwork and at length looked up and Asked the Lawyer “ Do you have your Law Society Card?”
The Lawyer presented it. He then asked the Bank Manager “ Is the CIBC a Chartered Bank, and do
you have your bank Identification?” The bank manager replied yes to both inquiries. And the bank
manager presented the Identification. He returned the Identification cards to the respective parties. The
chancellor then turned to HJHW and Said “ Well, Mr. HJHW I think I have sufficiently determined the 3
trusts you so correctly pointed out to me and The trusts both Expressed and Resultant will be
recognized and adhered to. As for the Trustees Mr. xxxxxxxxxxxx here lawful officer o f the court is
Trustee for the Expressed Trust and one Resultant trust. Mr. xxxxxxxxxx from the CIBC bank is trustee
for one resultant trust for hiring Mr. xxxxxxxxxx for Legal Counsel and the sole trustee by
representation for the Chartered bank CIBC. Much to the vexatious protestations o f the CIBC lawyer
and bank manager. The Chancellor Recessed till 12:30 PM (for 45 minutes).
12:30 PM Chancellor: All parties to the cause are present. As to the first prayer for relief - an
injunction against publication o f Private, Confidential, Proprietary information and documentary
evidence I hereby issue the decree that this relief has been granted on proper grounds and in keeping
with good reason good conscience.
1:50 PM Court Session ends and HJHW hand writes out a bill o f exceptions. Files it with Clerk. As
follows.
BOOM! WIN! BINGO!
Copy C laiinei l Fobi uary 2020
B ill o f E xcep tion s

The theory at the time was that the filing o f the blank bill o f exceptions would signify that the
Beneficiary was satisfied that All the Issues were settled. Also the failure o f the trustees to file a bill o f
exceptions (no matter how much he objected or protested in the hearing) Acquiesced that all the issues
had been settled.
10:55 AM HJHW arrives at the court house to retrieve the Decrees. The Clerk greets him by name and
states that the decrees are ready. His honor has also signed the Bill o f Exceptions. Upon review o f the
decrees he finds a public decree stating the Injunction for the publication o f private, confidential,
proprietary information as stated at the start o f the session. The statement then followed by 14 pages o f
blank pages. Then a final page that stated as follows.
So Decree his Excellency,______________________________ the Chancellor.
[ the printed name o f the chancellor and the signature o f the chancellor on a line underneath and the
Seal o f The Court. ]
The Second Set o f papers Set out the settlement, terms, reasons, etc with similar markings and
signatures. That, by the way, totaled in their entirety 14 pages.

[served on all parties, clerk, to get in chamber hearing.]
NOTICE OF STATEMENT OF INDENTURE

O rder for In Camera E vid entiary C onference.
W IT H O U T W AIVING any right, remedy, or defense , w h e r e a s I, J o h n H e n r y D o e , a m

c o m p e t e n t w i t h i n t e n t a n d p u r p o s e as G r a n t o r / S e t t l o r 1 o f th e e x p r e s s e d ir r e v o c a b le
p r i v a t e t r u s t f ile d , n o w c o m i n g as th e B e n e f i c i a r y in th e a b o v e n a m e d a c t io n in g o o d
fa ith s ta t e s a s f o ll o w s : in r e f e r e n c e to C o u r t F ile N u m b e r __________ _ [ t b d ] ______________
I o r d e r a p r i v a t e e v i d e n t i a r y c o n f e r e n c e in c a m e r a o n d a y a n d ___________ tim e
[ d a y a n d t i m e to b e n o t i c e d b y J u d g e ’s C le r k ] b y th e a s s i g n e d J u d g e in h is C h a n c e l l o r
c a p a c i t y , p e n d i n g P l a i n t i f f s p e t i t i o n to e x c l u d e th e p u b l i c , in p r iv a t e c h a m b e r s d u e to
u r g e n t a n d e x i g e n t c i r c u m s t a n c e s a n d c o n f i d e n t i a l t r a d e s e c re t, p r o p r i e t a r y , p riv a te ,
s p e c ia l a n d r e s t r i c t e d i n f o r m a t i o n / e v i d e n c e in s u p p o r t o f m y s p e c ia l e q u i t a b l e c a u s e ,
e i t h e r o f w h i c h i f r e v e a l e d in p u b l i c , w ill c a u s e i r r e p a r a b l e h a r m to r ig h ts , p r o p e r t y an d
in te r e s t.
IN W I T N E S S W H E R E O F , 1 h e r e u n t o s e t m y h a n d a n d s e a l o n t h i s day o f
______________A . D . 2 0 1 4 a n d h e r e b y m a k e O a th th a t all th e s t a t e m e n t s m a d e a b o v e are
tr u e , c o r r e c t a n d c o m p l e t e to th e b e s t o f m y k n o w l e d g e :
Date:_________________________________ Signed:__________________
by: John Henry Doe, Plaintiff in Case no.
Private Citizen of the United States.

Grantor/Settlor/Beneficiary.
Without Prejudice.
If you d o n ’t M O V E TO S E A L , th en yo u w a iv e it.
A rka n s as C o d e V o lu m e 16 2011 S u p p le m e n t
R U LE S O F T H E S U P R E M E C O U R T A N D C O U R T O F A P P E A L S O F T H E STATE OF
A R K A N S A S .(P ro p o s e d )
R ule 1-8. R e d a ctin g and se a lin g c o u rt re co rd s.(f) th e o rd e r to seal (g) W aiver.
A p arty o r o th e r p ers o n w a iv e s th e p ro tectio n o f this rule as to his or her ow n in fo rm atio n
by filin g it w ith o u t re d a ctio n an d n o t u n d e r seal u nless re lie f is su b s e q u e n tly g ran ted by
the court.
1 U n la w fu l o r Ille g a l p u r p o s e : In c o n s t r u in g tr u s t , u n la w fu l p u r p o s e s h o u ld n o t b e im p u te d to s e ttlo r . H a w th o rn e v.
S m ith , 7 N.E. 2 d 1 3 9 , 2 7 3 N.Y. 2 9 1 . P u r p o s e s fo r w h ic h t r u s t s m a y b e c r e a t e d "T h e in t e n t a n d p u r p o s e o f th e
s e t t l o r o f th e t r u t h is th e la w o f th e t r u s t ” - E d m o n s o n v. F ir s t N at. B a n k o f B irm in g h a m , 5 5 So. 2 d 3 3 8 , 3 5 2 , 256,
A la. 4 4 9 - In g a lls v. In g a lls, 5 4 So. 2 d 2 9 6 , 3 0 1 , 2 5 6 A la. 3 2 1 - T h u r lo w v. B e rry , 3 2 So. 2 d 5 2 6 , 5 3 2 , 2 4 9 A la. 597.

SAMPLE PETITION TO SEAL IN CHAMBERS
In The District Court o f the United States, District o f Delaware
To Judge Sue Lewis Robinson, In Camera
C om plainant:
Lebron Jam es >
T h e U n i t e d S ta t e s o f A m e r i c a
Private Citizen o f the United States
E x c lu siv e E q u ity
Private Citizen o f the State o f Delaware
A r ti c l e III, § 2, s u b d i v i s i o n 1, o f
Mailing Address, by way o f
LEBRON JA M ES (Private Business Trust) T h e C o n s t i t u t i o n o f T h e U n ite d
c/o P.O. BOX 1234 S ta t e s o f A m e r i c a
Newark, Delaware
United States o f America Notice of Conflicts and Variance
Special Petition to Proceed Ex
Parte, In Camera hearing
Service by and Respond to:
c/o LEBRO N JA M E S (Private Business
Trust) In R e: B ill in E q u i ty
P.O. BOX 1234 N o . 1: 1 5 - c v - O l 122
N E W A R K , DE
To: Judge Robert Johnson - In Camera -
vs. Restricted
c/o the district court o f the United States for
D efendant(s):
Delaware
SUSA N D IM PLE
Smith Federal Building
DCSE - (LISA T R U M B L E Y ),
8411 North Street
By way o f B R E N D A R EIM A N Wilmington, Delaware
(Deputy Attorney General) 820 North Restricted Certified Mail
French Street, 6lh floor,
Wilmington, Delaware / No._____________________________________
M A RY H A RPER , Castle County
Family Court 500 North K ing Street
Wilmington, Delaware Private, Special, Privileged
Confidential
Excluding the Public and Press
Special Term, Not General,
Non-Statutory, Without FRCP
Page 1 o f 11
Notice of Conflicts and Variance Demand to exclude Public and Press, and
Proceed Ex Parte, In Camera hearing. Demand to Show Cause
To: J u d g e /C h a n c e llo r R ob ert Jo h n so n , I m o v e the court to restrain the public, to exclude

the public and press, to p ro cee d “ Ex P arte” to h ear m y special private equitable cause as a
private C itizen o f the U nited States; and in support supply the follo w in g Affidavit:
A ffid a v it o f T ru th
I, L eb ro n J a m e s, D e C har E t D e Sank, in esse and sui ju r is , “ no t” p ro se, the

c o m p la in a n t o f this special cause, co m e s noe by w ay o f special restricted ministerial
visitation, not in special o r general ap pearance, a “ frien d ” o f the court and affiant herein,
affirm that the statem en ts in this affidavit o f “N o tic e o f C o n flict and V ariance o f
L a w /D e m a n d to S h o w C a u s e ” are true o f my ow n first hand personal kn ow ledge, except
as to the m a tters therein stated to be on inform ation and belief, and these m atter I believe
to be true:
1. I am m a k in g a special restricted m inisterial visitation, and am D e Char Et D e

Sank, in esse, sui ju ris, in personam , o f the age o f m ajority and c o m p eten t to
testify on m y ow n behalf;
2. I am c o m p e te n t to state the m atters set forth herein;
3. 1 am the p rim ary c o m p la in a n t seeking eq uitable r e lie f u n d er the ju risd ictio n o f
e x clu siv e equ ity ju ris p ru d e n c e p rotected u nd er T h e C onstitutio n o f T h e U nited
States o f A m eric a, M ax im s o f Equity and equity ju risp ru d e n c e ;
4. 1 am no t a v o lu n te e r to the su bject m atter property o f m y com plaint;
5. I am a p riv ate “ C itizen o f the U nited States o f A m e ric a ” w h o se “ federal”
citizenship status has been secured by A rticle 11, Section 1, C la u se 5; A rticle II,
Section 3, C la u se 5; and A rticle IV, Section 2, o f the C o nstitutio n o f the United
States o f A m eric a, w hich de ju r e citizenship status has been “ b ro a d e n e d ” and
m a d e “ n a tio n a l” by Section 1 o f the Fourteenth A m e n d m e n t to the C onstitution o f
the U nited States o f A m erica, se e re c o rd o f B ill in E q u ity # N o. 4 - 3654, a n d
a n n e x e d E x h ib it F /A m ic u s C u ria e A ffid a v it/A ffid a v it o f S ta tu s o f L e b ro n
J a m e s /M e m o r a n d u m o f la w ) 1 am privately beneficially interested private
C itizen o f the U nited States in this m atter, privately residing and privately
d o m ic ilin g w ithin the State o f D elaw are for m o st o f m y life;
6. 1 am clothed with un alien ab le rights protected un d er the executed “ T he unanim ous
D eclaration o f the thirteen united States o f A m e ric a ” established ab initio the yea r
o f m y lo rd a n d saviour 4 Ju ly 1776',
7. I am not su bject to the public m artial due process o f law, see said B ill in E q u ity,
E x h ib it F;
Page 2 o f 11
8. I am not subject to y o u r T rad in g with the E nem y A ct o f M arch 9, 1933, no t to
y o u r E m erg en cy B an king R e lie f A ct, and nor to y o u r E m erg en cy W a r P o w e r A ct,
(P roclam ation 20 40 ) n o w both o f w hich are carried forw ard as y o u r 12 U .S.C . 95b
and y o u r 50 U.S.C . App. 5(b) see said B ill in E q u ity , E x h ib it F;
9. 1 am only subject and bound by the exclu sive ju risd ic tio n o f a civilian d ue p rocess
o f u nder exclusive ju risd ictio n o f equity, and m y u n e n u m e ra te d rights are
protected by spirit, intent and u n rem u n e rated fu n d am en tal rights and p riv ileges o f
T h e C onstitution o f the U nited States o f A m eric a and its equity ju risp ru d e n c e ;
1 0 . 1 am a private C itizen o f the U nited States o f A m e ric a the filing o f w hich noticed
in the C le r k ’s O ffice fo r th e L a m a r C o u n ty , G eo rg ia S u p e rio r C o u rt, A p ril
16, 2014 B P A B O O K 20 P ages 3 to 19, 8:1 5 a .m . and A p ril 27, 20 1 4 , BPA
B ook 8 P ages 211 to 255, 8:0 9 a .m ., attached herein by reference B ill in E q u ity,
E x h ib it F;
11.1 am not a surety n o r is th ere any ev id en ce that 1 am a surety or principal for, of, or
to the foreign n o m -d e -g u e rre L E B R O N J A M E S or any o f its co m m ercial
derivations, see B ill in E q u ity , E x h ib it F;
12. M y d e ju r e p rivate citizen sh ip status has not been altered by any federal or state
contract or statute, be it express or im plied, pu blic or private; and therefo re
A ffia n t’s d e ju r e , private citizenship status has not been red u ce d to an inferior
grade o f v o lu n teer surety “ U.S. c itize n sh ip ” status by the state o f A ff ia n t’s natural
birth an d /o r by the state o f A ffia n t’s no n-statutory, private and special residence
on the land recog nized in exclusiv e Equity, see B ill in E q u ity , E x h ib it F;
1 3 . 1 am not a quasi-corpo rate, Public “ U.S. citize n ” in interstate and foreign
c o m m erce. For said Public “ U.S. citizen ” (h av in g o nce held original, d e ju r e
citizenship status conferred by Section 1 o f the 14 th A m e n d m e n t to the
C o nstitution o f the U nited States o f A m e ric a on the day o f his natural birth) holds
an inferior g rade o f citizenship status thro u g h an im plied s u re ty /c o m m e rc ia l
contract created by operation o f law upon its filing w ith a third party record
keep er/pu blic office in the state o f its s u re ty ’s natural birth, see B ill in E q u ity ,
E x h ib it F;
1 4 . 1 am not a “ p erson w ithin the U nited S tates” as per the original w o rd in g o f y o u r
“ E m erg en cy B an kin g R e lie f A c t” p assed by y o u r E m erg en cy W a r P ow ers
C on gress on M arch 9, 1933, it h av in g “ co n firm ed and a p p r o v e d ” Presidential
P ro clam ation 2 039 o f M arch 6, 1933, and Presidential P ro clam atio n 2 0 4 0 o f
M arch 9, 1933 (y o u r 12 U S C 95b; for the C o n g re ss at that tim e w as c o m p o se d o f
only quasi-artificial “ p e rs o n s ” b ein g Public “ U.S. citize n s” no lo n g e r rep resenting
the o nce sovereign “ W e the P eo p le” (form erly c o m p o se d o f all th e Private
“ C itizen s o f the U nited States o f A m e ric a ” ), each C o n g re s s m e n h av in g also b een
red u ce d in his citizenship status to the inferio r g rad e o f a “ p erso n w ithin the
U nited S tates,” i.e., a Public “U .S. citizen,” the o n ce sov ereign “ W e the P e o p le ”
b ein g re p resen ted as m e re v o lu n te e r surety for an d /o r b o nded into one legal entity
w ith th e ir “ p erso n w ithin the U nited S tates,” i.e., Public “ U.S. citizens;” see B ill in
E q u ity , E x h ib it F;
1 5 .1 am no t “ su bject to the ju risd ic tio n th e re o f [the U nited S tates]” as per the original
w o rd in g o f y o u r “ E m e rg e n c y B an kin g R e lie f A c t” p assed by y o u r E m erg ency
W a r P ow ers C o n g re s s on M arch 9, 1933; for the C o ng ress, in p assin g said
“ E m e rg e n c y B an k in g R e lie f A c t,” co n sen ted on b e h a lf o f every “ person w ithin the
U n ited S tates” to the E m erg en cy W a r P ow ers Ju risd iction (executive, legislative
and ju d ic ia l) o f the U nited States im p osed by Presidential P ro clam ation 2039
(repealed) on M arch 6, 1933; therefore, A ffian t is not a “ person . . . subject to the
ju risd ic tio n o f the U nited S tates” u n d er y o u r 12 U S C 95 a and y o u r 50 U SC App.
5(b); see B ill in E q u ity , E x h ib it F;
16.1, being a Private C itizen o f the U nited States, is a “ person . . . sub ject to the
ju risd ic tio n th e r e o f [the U nited S tates]” secured by Section 1 o f the F ourteenth
A m e n d m e n t to th e C onstitutio n o f the U nited States o f A m erica, said peacetim e,
civilian “ju risd ic tio n o f the U nited S tates” being unaltered by y o u r E m ergency
W a r P ow ers statute 12 U S C 95a and y o u r W orld W ar 1 statute 50 U SC A pp. 5(b);
see B ill in E q u ity , E x h ib it F;
17.1 am entitled to the constitutional right to a civilian due process o f law (as op posed
to a m a rtia l/e m e rg e n c y w ar p o w ers du e p rocess o f law) secured from federal
in frin g e m e n t by the Fifth A m e n d m e n t and secured from state in frin g em en t by the
F ou rteen th A m e n d m e n t to T h e C onstitutio n o f T h e U nited States o f A m erica; see
B ill in E q u ity , E x h ib it F;
1 8 . 1 am n eith er the surety fo r/p ro perty of, n o r a d e fa c to , co n q u ere d “ person within
the U nited S tates” d efined by y o u r “ E m erg en cy B an king and R e lie f A ct” (12 U SC
95a) and ruled by the d e fa c to E m erg en cy W ar Pow ers m ilitary g o v e rn m e n t o f the
U nited States; therefore, A ffian t is neither a d e fa c to “ bellig eren t” n or a d e fa c to
“re b e l” pu b licly resid ing a c c o rd in g to statute w ithin any state d eem ed a d e fa c to
“ c o n q u e re d territo ry ” by the d e fa c to e m erg en cy w ar po w ers m ilitary g ov ern m e n t
o f the U nited States im po sed by P resident Franklin D. R o osevelt on M arch 9,
1933, via P roclam ation 2 0 4 0 “ ap p ro v ed and co n firm e d ” by C o n g ress on that very
sam e day, M arch 9, 1933” (12 U S C 95b); see B ill in E q u ity , E x h ib it F;
19.1 h a v e a fu n d am e n tal conflict being subjected to a m a rtial/em erg en cy w ar pow ers
due p ro cess o f law (crim inal an d /o r civil) by the te m p o rary m artial/pu blic court
ju risd ic tio n in its m istak en a ttem p t to use this C o u rt to im pose said martial
E m e rg e n c y W a r P o w ers d ue pro cess o f law, ev id en ced by the display o f military
co lo rs in the c o u rtro o m (flags trim m e d in gold fringe an d /o r draped with gold
co rd s and tassels) and also ev id en ced by the use o f a m ilitary “ n a m e o f w a r”
(sp elled w ith all up p er case letters w ith or w ith o u t abbreviatio ns) set forth in the
Page 4 o f 11
action, in violation o f A f f ia n t’s constitutional right to a p eac etim e/c iv ilian due
process o f law on both a federal and state level;
2 0 . 1 have a fund am ental conflict in being m istakenly treated te m p o ra ry m artial/public
court ju risd ictio n as th o u g h A ffiant is a d e fa c to “ re b e l” an d /o r a d e fa c to
“ belligerent” p ublicly residing in a state d eem ed a d e fa c to “ c o n q u e re d te rrito ry ”
ruled by a d e fa c to e m erg en cy w ar pow ers m ilitary g o v e r n m e n t at the direction o f
T h e P resident o f the U nited States sitting in a “te m p o ra ry ,” extra-co nstitution al,
em erg en cy w ar p o w ers capacity as a d e fa c to m artial C o n q u e r o r an d m ilitary
C o m m a n d e r in c h i e f o v er every “ person w ithin the U nited S tates” (defined by
y o u r “ E m erg en cy B ank ing R e lie f A ct” ) and “ su bject to the ju risd ic tio n th e r e o f
[the U nited S tates]” (y o u r 12 U SC 95a), both artificial and natural, both civilian
and m ilitary;
21.1 have a fund am ental conflict with the te m p o rary m a rtial/p u b lic court
ju risd ictio n b ecause A ffian t o w es no “ te m p o ra ry ” alleg ia n ce to the “te m p o ra rily ”
established, d e fa c to , E m e rg e n c y W ar Pow ers m ilitary g o v e rn m e n t im p o se d on
M arch 9, 1933 (12 U S C 95a), it havin g ou sted and rep la ced the d e ju r e ,
constitutional g o v e rn m e n t o f the U nited States o f A m e ric a (in fo rce from M arch 4,
1789, to M arch 9, 1933) intended to be restored o n ce th e “te m p o r a r y ” e m e rg e n c y
has been term inated by the president, acting in the cap a city o f C o m m a n d e r in
chief, by repealing P roclam ation 2040, the E m erg en cy W a r P ow ers C o n g re ss also
rep ealin g the w icked “ E m erg en cy B ank in g R e lie f A c t” (12 U S C 95 a & b) as well
as the “ T rad in g W ith the E nem y A c t” (especially 50 U S C A pp. 5(b) and thereby,
on that glorious day, restoring n o n -su rety, d e ju r e , Private A m e ric a n C itize n sh ip
status to all A m e ric a n s as well as restoring p eacetim e, con stitu tional, d e j u r e
“ju risd ictio n o f the U nited S tates” (executive, legislative and ju d ic ia l) th roug ho ut
the land;
22. M y cause o f action are purely eq uitable and not co g n iz a b le at law — m uch less at
martial due process— and rely exclusively on the reco g n itio n and e n fo rc e m e n t o f
purely eq uitable rights;
23. A ffia n t’s causes o f action are purely equitable by n atu re because he seek s
protections o f rights born o f special private fiduciary trust relation s betw een the
parties, either express, resulting, constructive, or ex ecu to ry u p o n w hich Affiant
has relied for fail dealing, good faith, accurate, co m p lete , and equitable treatment,
leaving no ro o m for casuistry (G ibson S u its In C hanc. §46);
24.1 do not rely on legal natu re Statutes and C od es but the essential soul, spirit, w a r p
and w o o f o f the M a x im s o f Equity (B ox v. T anier, 4 C ates, 409, Beard, Ch. J.,
K e n t’s C om ., 553);
25.1 am generally C o nstitu tion ally entitled to a ju ry o f his peers, however, 1 a m
jurisdictionally prohibited from ju ry trial o f m y peers unless the pees are all
certifiably private citizens o f the United States as A ffiant; and state that m y
eq u itab le cause is co m p le x accounting, and w hen a ju ry trial is n ot suitable for the
sub ject m a tte r a co urt o f equity shall take jurisdiction;
26.1 am w ith o u t full facts o f the assets o f the trust and relies exclusively on the m o d e
o f c o m p e llin g the d efen d a n t/tru stee to m a k e disclosure and therefore a disco very
by suit in equity is in d isp e n sa b le (P o m ero y §229);
2 7 . 1 am w ith o u t full and a d eq u a te r e lie f at law given that at law does not reco gn ize
the p rim ary rights and duties, estates and interests w hich it creates, and the
rem edial rights and duties enfo rced by the various rem e d ies w hich it confers, and
at law do es n ot p resen t the principles, doctrines, and rules c o n ce rn in g these
p rim ary rights, estates, and interests (P o m ero y §128);
28. U n d e r the d o ctrin e o f election 1 seek to trace the assets o f the trust and restore the
trust, and do es not seek to hold the trustee personally liable (M ax im o f Equity:
“N o trust shall fail for w a n t o f tru ste e ” );
29.1 h av e an inh erent conflict with, and take exception to, the 1938 version and
su ccessiv e v ersio n s u n d e r W ar P ow ers o f y o u r F e d e ra l R u les o f C ivil P ro ced u re
due to the fact th at these rules are in direct con flict with the A ct o f A u g u st 23,
1842 reg u la tin g p ro c e e d in g s in equity in the courts o f the U nited States w here Mr.
Justice D aniel said “ By the C o n stitu tio n o f the U nited States, and by the acts o f
C o n g re ss o rg an iz in g the Federal C ourts, and defining and investing the
ju risd ic tio n o f these tribunals, the distinction betw een c o m m o n law and equity
ju risd ic tio n has been explicitly declared and carefully d efined and established” and
w h ere C h i e f Justice T a n e y tw ic e spoke a b o u t this distinction “ T he distinction
betw een law and equity is reco gnized ev e ry w h e re in the ju risp ru d e n c e o f the
U nited States, and p re v a ils ” (H o p k in s, Fed. Eq. Pract. p ag e 2), and because the
rulin g o f th e S u p rem e C o u rt o f the U nited States that section tw o o f A rticle 111 o f
the C o n stitu tio n p roh ib its the co m b in in g o f legal and equitable pro ced u re and
rem e d ies in the Federal courts (H o p k in s, N e w Fed. Eq. Rule, 1912, page 3, §913,
R evised Statutes, U nited States C o m p . St., 1901, p. 683);
30. M y priv ate equitable rights o f a purely substantive nature are inherently in conflict
with the g eneral rules o f law, State adopted “ G eneral Rules o f Civil P ro ced u re” ,
F ederal R ules o f Civil P roced ure ab initio 1938, and y o u r general at law martial
du e p ro cess d e fa c to m artial g o v e rn m e n t since President R o o s e v e lt’s Proclam ation
2 0 4 0 and the E m erg en cy W ar P ow ers A ct o f 1933;
31. M y rights are purely eq u itab le by nature because they are rights born o f special
private fid uciary trust relation s b etw een the parties, either express, resulting,
con structive, or ex ecu to ry reg ardin g A L L securities, n ego tiable instrum ents,
co ntracts, and o th e r chattels;
32. M y particu la r rights being called into en fo rcem en t are not co g n izab le in courts o f
law, no r the m o d e rn m e rg e d refo rm e d legal system w here the procedural
distinctio ns b etw een the courts o f law and equity w ere m e rg e d , albeit, the
Page 6 of 11
ju risd ic tio n s are w holly un affected (Pom . Eq. Juris. §354); “ W h ere , on the other
hand, the n ew p o w e r is con ferred upon the law courts by statutory legislation, the
rule is well settled that unless the statute contains n eg ativ e w o rd s or other
language exp ressly tak in g aw ay the pre-existing eq u itab le ju risd ic tio n , or unless
the w hole scope o f the statute, by its reasonable co n stru ctio n an d its o peration,
show s a clear legislative intent to abolish that ju risd ictio n , the fo rm e r ju risd ic tio n
o f equity to grant its re lie f un d er the circ u m stan c es co n tin u es u n a b rid g e d ” (Pom .
Eq. Juris. §279);
33. M y su bstan tive rights are in direct inherent conflict w ith the m o d e rn co n c u rre n t
ju risd ictio n created by the Ju d icatu re A ct o f 1873; A f fia n t’s conflict w ith the
reform ed p ro ced u re is th at the an cient separation into exclusive ju risd ic tio n no
longer furnishes an ad eq u a te nor even a true principle upon w h ich to classify the
body o f equity ju risp ru d e n c e and is in d irect conflict with the re fo rm e d p ro ced u re
(P om . Eq. Juris. §125; “ In other w ords, w hile ev ery eq u itab le right and interest is
enforced and preserved by an app rop riate eq u itab le rem edy, the rem edial
ju risd ictio n o f equity extends b eyo nd these s o m e w h a t n a rro w lim ited, and
em b ra ces m a n y classes o f legal rights and interests for the violation o f w hich,
u n der the existing circum stances, the law g ives no a d eq u a te r e l i e f ’ (P o m . §128);
34. T here still exists a definite distinction in m o d e s o f pro ced u re; "“ It’s easy to say
that the distinctive m o d e s o f equity p ro ced u re are alo n g a b ro g ated by the
legislature, w hile the principles, doctrines, and rules o f the equity ju r is p r u d e n c e
and ju risd ictio n are w holly unaffected. T o sum up this result in on e b rie f
statem ent, all eq uitable estates, interests, and prim ary rights, and all th e p rinciples,
doctrines, and rules o f the equity ju ris p ru d e n c e by w hich th ey are defined,
determ in ed, and regulated, rem a in ab solutely untouched, in th e ir full force and
extent, as m u c h as th o u g h a separate co urt o f ch ancery w ere still
p reserv ed .” (P o m . Eq. Juris. §357);
35. M y particular rights are only co g n izab le in a court o f ex clu siv e equity; the
exclusive eq uitable ju risd ictio n , or the p o w e r o f the cou rts to ad ju d icate up on the
subject-m atters co m in g w ith in that ju risd ic tio n , exists in d e p en d en tly o f the
ad equacy or inad equ acy o f the legal rem e d ies o b ta in ab le u n d e r the c irc u m stan c es
o f any p articular case” (P om . Eq. Juris. §218);
3 6 . 1 require ex clusiv e equity to w h ere the ex erc ise o f the p o w e r to ad ju d ic a te upon,
m aintain, enforce, or protect purely eq u itab le p rim ary rights, interests, o r estates
does no t at all dep en d upon any insufficiency or in a d eq u acy o f legal m e th o d s and
rem edies, but solely upon the fact that these prim ary rights, interests, o r estates are
w h olly equitable, are not reco g n ized by the law n o r co g n iz a b le by the courts o f
law, and there is therefore no other m o d e o f m a in ta in in g an d en fo rcin g them
ex cept by the courts o f equity. W h ere v er the co m p la in in g party has purely
eq u itab le prim ary rights, interests, or estates according to the do ctrines and
principles o f the equity ju risp ru d en c e, courts having equitable pow ers do and m ust
exercise their ex clu siv e ju risd ictio n o v er the case, entirely irrespective o f the
a d e q u a c y o r in a d eq u acy o f legal rem ed ies, for the plain and sufficient reason that
the litigant party c a n n o t possib ly obtain any legal rem edies under the
circ u m s ta n c e s; the courts o f law do not reco g n ize his rights, and cannot adjudicate
upon n o r p ro tec t his interests and estates” (Pom . Eq. Juris. §119);
3 7 . 1 state th at “ T h e ex clusive equity ju risd ictio n is not ousted by statute or else by
an y ex p ress te rm s or clear and necessary im plication. Equitable ju risd ictio n once
h av in g attach e d to the a case, will be m aintained for the final adjudication o f all
righ ts in v o lv ed (C h arles P help s “ Jurid. Eq.” §268);
38. “I n a ll m a tte rs in w h ic h th e r e is a n y c o n flic t o r v a ria n c e b etw een th e ru le s o f
E q u ity a n d th e r u le s o f th e c o m m o n la w , w ith r e fe r e n c e to th e s a m e m a tter, th e
r u le s o f E q u ity s h a ll p re v a il. ” "And thus in England the trium p h o f the righteous
principles o f Equity o v er the rules o f the c o m m o n law is com p lete, and, no doubt,
final" (G ib so n S u its in C h a n cery §9; 21, §6 8 ; Pom . Eq. Juris. §1 2 ; 124, Biph. Pr.
Eq. §1 ; 11;). ”
39. D ue to m y strict relian ce on the p ro p e r and co m p lete g ood faith trea tm e n t o f
fiduciaries in the ab sen ce o f a g u ard ia n /w ard relation A ffiant is w holly w ithout
a d e q u a te re m e d y at-L aw — ev en w ith o u t the p ublic m artial process— and thus has
an inherit co nflict with the rules at-L aw pre-19 33: "G enerally, in all m atters in
w h ich there is any co nflict betw een the rules o f equity and the rules o f the
c o m m o n law w ith referen c e to the s am e m atter, the rules o f equity shall prevail”
(Ju d icatu re A ct 1873):
1. FLANIGLTN v. S A B L E , 44-41 7, 46; 854, S u p rem e C o u rt o f M in nesota
2. R U D 1S IL L v. W H I T E N E R . 146 N .C. 403 (1907), S u p rem e C o u rt o f N orth
C aro lin a
3. S T A T E EX REL. K N O X v. S P E A K E S ET A L , 144 M iss. 125 (1926),
S u p re m e C o u rt o f M ississippi
4. E X P A R T E S E D I L L O , 34 N .M . 98 (1929), S u p rem e C o u rt o f N e w M exico
5. Y o u r T R A N S . F R E IG H T LIN E S v. O U 1 M B Y , 381 M ich. 149 (1968),
S u p re m e C o u rt o f M ichigan
6. Y o u r E L L IS v. E S T A T E O F E L L IS , 2007 U T 77, S u p re m e C o urt o f Utah
40. T h e m o d e rn m e rg e d legal system kno w n as “ co n cu rren t ju r is d ic tio n ” or “ one civil
ac tio n ” is in co nflict w ith m y right to a distinct separate m o d e and ju risd ictio n o f
Equ ity u n d e r T h e C o nstitutio n o f T h e U nited States o f A m erica;
41. T h e S u p re m e C o u rt [states] that section tw o o f A rticle 111 o f the C onstitution
proh ib its the co m b in in g o f legal and equitable p ro ced u re an d rem edies in the
Federal courts. (192 6 A n no tated Federal Equity Rules). J u d g e Sanborn, o f the
E ighth C ircuit, has said: "T h e union o f legal and equitable cau ses o f action in one
suit is pro h ib ited by § 913, R evised Statutes (U nited States C o m p. St., 1901, p.
Page 8 of 11
683), and in rem o val cases, w hen such a union is p erm itted in th e state courts from
w hich they com e, the causes o f action m u s t be sep arated into distin ct actions at
law and suits in eq uity in the national co u rts.”
42. M y eq uitable estates, interests, and prim ary rights, and all the principles, doctrines,
and rules o f the equity ju risp ru d e n c e by w hich they are defined, d eterm ined , and
regulated, rem ain abso lutely untou ched, in their full force and extent, as m uch as
th oug h a separate cou rt o f chan cery w ere still p re s e rv e d .” (P o m e ro y §357 Eq.
Juris.);
43.1 am a beneficially interested private C itizen in relation to certain special property
including but lim ited to a) the Posterity o f the P ream b le o f T h e C onstitution o f
T h e U nited States o f A m erica, b) “ T rad in g with the E n e m y ” A ct a spendthrift
trust established by W o o d ro w W ilson, P resident o f the U nited States o f A m erica
on O cto b er 6, 1917, c) the special estate trust L E B R O N J A M E S , a special estate
u n inco rp orated b usiness trust created by the State o f D elaw are on M ay 18, 1982;
h erein after “ T ru s ts ” ;
4 4 . 1 am required to do equity and thus requires this suit to ex clu de the public and the
press in o rd er to protect the com plainant, the court officers and the trustees from
cen so rsh ip clause in 1917 T W E A ; also, due to the pu rely equ itable nature o f
A ffia n t’s rights requ ire the public and press to be ex clu d ed d u rin g the entirety o f
the proceeding;
4 5 . 1 hold all beneficial rights by nature in said Trusts u n d er N atu ral law, and relies
heavily on the doctrin es o f equity ju ris p ru d e n c e to ad m in iste r substantial justice
w hich is preserved in the an cient English system w e inherited and is alm ost
unaffected by m o d e rn legal reform (P o m ero y §124 Eq. Juris.);
46. M y ce stu i q u e rights o f the T rusts is purely an e q u itab le one, o f w h ich law courts
refuse to take c o g n izan ce (P om . Eq. Jur. §219). E q u ity ’s first and forem ost
m axim “ equity regard s do ne that w hich o u g h t to h av e b een done. (2 Pomeroy's
Equity J u risp ru d en ce [5th ed], § 364, pp 10-12));
47.1 am w itho ut actual or co nstru ctive notice o f equal eq uities in th e sa m e subject
m atter referen ced herein w here i f “ there is equal eq uity the law m u st prevail"
(G ibson Suits in C h a n c e ry §73);
48. T herefore, m y g o v e rn in g laws and the laws g o v e rn in g the special relation between
the parties is Equity p ro tected by A rticle III, §2, su b d iv isio n 1, o f the C onstitution
o f the U nited States o f A m erica, “ T h e ju d icial p o w e r shall ex ten d to all eases o f
law and equity arising u nder this C onstitutio n, the laws o f the U n ite d States, and
treaties m ade or w hich shall be m a d e un d er th e ir a u th o rity ’” an d M ax im s o f
Equity:
• Equity acts upon the p erson, (fo rcing him to do w h at co n s c ie n c e req uires.)
• Equity will not suffer a w ro n g w ith o u t a rem edy.
• Equity im putes an intention to fulfill an obligation.
Page 9 of 11
• E q u ity acts specifically , and not by w ay o f com p ensatio n.
• Equity reg ard s th at as d o n e w hich o u g h t to h av e been done.
• Equity req u ire s him w h o seeks equity to do equity.
• Equity reg ard s the ben eficiary as the real ow ner.
• Equity delights to do co m p le te ju stic e , and not by halves.
• Equity acts for th o se disabled to act for them selves.
• Equity loo ks to th e intent rath er than to the form.
• Equity deligh ts in equality.
• Equity requ ires d iligence, clean h an d s and good faith.
• Equity will not aid a volunteer.
• E quity will not p erfe c t an im p erfect gift.
49.1 am w ith o u t notice, cause, ev id en ce or p r o o f that there is a su p erio r legal cause by
natu re that ex clu d es A ffian t from a court o f equity u n d er the rules o f C hancery
w h ile w ith o u t the p u blic and w ith o u t m artial due process, and I believe no such
e v id e n c e exists;
5 0 . 1 believ e the D efen d an t(s) are p ublic citizens and public p ersons, rebels and enem y
b elligeren ts u n d e r the W ar P ow ers G o v e rn m e n t, and I do not see any evidence
they are p riv ate citizen s o f the U nited States, w hich serves as p r im a fa c ie evidence
o f th e ir inability to access or be seen in a court sitting in pure, inherent, exclusive
E quity and th e re fo re I req uire the court p roceedings to be “ Ex P arte” w ithout the
oth er p arties d ue to the co nflict o f ju risd ictio n al m atter involving y o u r Trading
w ith the E n e m y A ct, its C en so rsh ip clauses therein, and y o u r E m erg en cy B anking
R e lie f A ct w h ere R esp o n d en ts h ave p resen ted zero ev idence to suggest they are oi
the sam e eq u itab le and friendly status as I have, and I believe that no evidence
exists that they are no t en em y belligerents;
Demand to Show Cause
T herefore, with the a b o v e affirm atio n o f facts given above, I, L ebron Jam es,
respectfu lly d e m a n d th at this court, acting in g o o d faith, w ith clean hands and due
diligence show cause to the co ntrary by express, written, and sw orn
d o c u m e n ta tio n and affidavit that the a b o v e is untrue point for point, within 10
days from rece ip t o f this N otice. Failure to show cause shall be co nstru ed as the
courts a g ree m en t, c o n sen t and a cq u iescen ce to the facts herein, the status and
stan d in g o f the A ffian t/co m p lain an t to this equitable cause.
F u rth er A ffian t Sayeth N au g h t.
R esp ectfully forw ard ed,
Page 10 o f 11
I, L eb ron : J a m es, the natural m an described herein, so lem n ly sw e ar and affirm u n d er the
Law o f G od and the M ax im s o f Equity that every s tatem en t given a b o v e w as the w h o le
truth to the best o f m y k n o w led g e and ability. W itness m y hand and seal on this
_________ day o f _______________________________ , 201 4
L eb ron : J a m es, Black A m eric an F reem an

D e C h a r E t D e S a n k, in esse and su i ju r is
Private C itizen o f the U nited States o f A m eric a; A m e ric a n N ational
Private C itizen o f the State o f D elaw are
Special and Private R esiden t o f N e w C astle C o u n ty at Equity
G ra n tee /G ra n to r/S ettlo r o f Private B u siness T ru st
“LEBRON JA M ES”
A g en t for Private B usiness T rust “ L E B R O N J A M E S ”
All Rights R eserved W ith o u t Prejudice
______________________________________ Date
First W itness (sign)
_______________________________________ Date
First W itness (print)
_______________________________________ D ate
Second W itness (sign)
_______________________________________ Date
Second W itness (print)
Page 11 o f 11
SECOND EXAMPLE SEAL IN CHAMBERS
C om plain an t:
L ebron Jam es T h e U n i t e d S ta te s o f A m e r i c a
Private Citizen o f the United States E x c l u s i v e E q u i ty
Private Citizen o f the State o f Delaware A r tic l e III, §2, s u b d iv is io n 1, o f
M ailing A ddress, by w ay o f T h e C o n s t i t u t i o n o f T h e U n ite d
LE B R O N JA M E S (Private Business Trust) S ta t e s o f A m e r i c a
c/o P.O. BO X 1234
N ew ark, Delaware S p e c ia l P e titio n u n d e r E x ig e n t
United States o f A m erica C ir c u m s t a n c e s fo r E x P a r te
e v id e n t ia r y h e a r in g in C a m e r a
Service by and R espond to: a n d R e v ie w D e t e r m in a t io n (In
c/o L E B R O N JA M E S (Private Business Trust) R e: a t t a c h e d B ill in E q u ity
P.O. BO X 1234
N E W A R K , DE
Vs. No. _
D efendant(s):
B R IA N A H O U S T O N / To the Clerk o f Court
D C SE - (M A R Y M C D O N A L D ), - In Camera - Restricted
by w ay of, B R E N D A S A M M O N S c/o the district court of the United States for
(D eputy A ttorney General) 741 North Delaware
Street, 7th floor, J. Caleb Boggs Federal Building
W ilm ington, D elaw are/ 777 North Street
LISA S IM M O N S , N e w County Wilmington, Delaware
Fam ily C ourt 123 North Street Restricted Certified Mail
W ilm ington, Delaware N o . _________________________
P r iv a te , S p e c ia l, P r iv ile g e d
C o n f id e n tia l
E x c lu d in g th e P u b lic a n d P r e ss
S p e c ia l T e r m
Page 1 of 6
Address and Cause for Petition
M a x im : “g e n e r a lly in a il m a tte rs in w h ic h th e r e is a n y c o n flic t o r v a ria n ce , b etw e e n

th e ru le s o f E q u ity a n d th e la w w ith r e fe r e n c e to th e s a m e m a tte r, th e ru le s o f E q u ity
s h a ll p r e v a il”
To, L eonard Phillip Stark, C h ie f Ju d g e o f the district court o f the U nited States for
D elaw are, hereinafter acting as C h a n cello r, 1, Lebron James, a Private C itizen o f the
U nited States and a “ frien d ” o f this court hereby Petition y o u r C h a n c e llo r to req u est for
this court to p roceed with this m a tter as “ priv ate” and “ seale d ,” Ex-P arte, In C am era, and
w ithout the public, press, spectators and “ e n e m ie s ” o f this court to protect the interests o f
all parties involved and to secure both m y private d ue p ro cess rights and status and so as
not to cause alarm to the public, I sh o w cause by the fo llo w in g facts:
Averment of Facts
1. I, Lebron Jam es am a de ju r e Private C itizen o f the U nited States o f A m eric a, with

said citizenship co nferred by the spirit and intent o f section 1 o f the 14th
A m e n d m e n t to the C o nstitutio n o f the U nited States o f A m eric a, b eing a “ p erson
w ithin the U nited S tates” defined therein and as such 1 am required a d e-jure
“ civilian due p ro cess” at law and therefore, 1 can n o t be “ c o m in g le d ” with any de
facto “ p u b lic” U.S. citizen s/en em ies and de facto “ p erso n s w ithin the U nited
States as d efined in and subject to y o u r E m erg en cy B an k in g R e lie f A ct o f M arch
9, 1933 of; (se e E x h ib it F o f a tta c h e d B ill in E q u ity ; A m ic u s C u r ia e A ffid a v it,
A ffid a v it o f S ta tu s o f L e b r o n J a m e s , M e m o r a n d u m o f L a w )
2. A s a said de ju r e Private C itizen o f the U nited States m y p rim ary , su b stan tiv e
u n enu m erated, equitable rights o f Due P rocess can n o t be seen by a court
pro cee d in g u n d er a de facto “ p u b lic ” M artial, e m e rg e n c y w ar p o w e rs d ue process,
as are all courts today w h e th e r state or federal, as a result o f y o u r section 17 o f
y o u r T rad in g W ith T h e E n em y A ct o f O c to b e r 6, 1917 w hich has b ro u g h t inland
and m ad e applicable to “ persons w ithin the U nited S tates,” by w ay o f y o u r
E m erg en cy B an kin g R e lie f A ct o f M arch 9, 1933 w ith o u t vio latio n thereof; th o se
persons being by 1933, de facto state created public p e rso n s by w ay o f the
unilateral, q u asi-co n tract u n d er seal, Birth C ertificate, w ith th e ir
“ su rety /v o lu n tee r” Private C itizen s p resu m ed as w e d d e d to and b o n d e d as on e
with (but ex clu d in g “ C itizen s o f the U nited S tates” ); (se e E x h ib it F o f a tta c h e d
B ill in E q u ity ; A m ic u s C u ria e A ffid a v it, A ffid a v it o f S ta tu s o f L e b r o n J a m e s ,
M em orandum o f Law )
Page 2 o f 6
3. 1 am n ot surety of, n o r a v o lu n te e r for the “ p ub lic” A rtificial P erso n /N o m De
G u erre “ L E B R O N J A M E S ” and therefo re am not subject to a m artial process as
can only be given by state and federal courts p residing “ p u b lic ly ;” (se e E x h ib it F
o f a tta c h e d B ill in E q u ity ; A m ic u s C u ria e A ffid a v it, A ffid a v it o f S ta tu s o f
L ebron Jam es, M em o ra n d u m o f L a w )
4. P u rsu a n t to m y g u aran teed rights to a “ civilian” due process, secu red by the spirit
and intent o f C o n stitu tio n o f the U nited States o f A m erica, the 5th A m e n d m e n t on
a F ederal level and the 14lh a m e n d m e n t on a state level, y o u r C h an ce llo rs oath,
o b ligation and integrity as a F ederal District ju d g e /c h a n c e llo r to up hold and
defen d the glo rious C o n stitu tio n o f the U nited States o f A m eric a requires o f him
the preserv atio n o f m y said rights and excludes from h im violating the sam e; (see
E x h ib it F o f a tta c h e d B ill in E q u ity ; A m ic u s C u ria e A ffid a v it, A ffid a v it o f
S ta tu s o f L e b r o n J a m e s , M e m o r a n d u m o f L a w )
5. 1 h av e a fu n d am e n tal co nflict with being c o m in g led with and treated like a de

facto p u blic U.S. citizen, hereby d eem ed an “ e n e m y ” and treated as a “ belligerent”
and a “ re b e l” living in an o ccu p ied territory, over w hich “ m ilitary g o v e rn m e n ts ”
are im p o se d ; (see E x h ib it F o f a tta c h e d B ill in E q u ity ; A m ic u s C u ria e A ffid a v it,
A f fid a v it o f S ta tu s o f L e b r o n J a m e s , M e m o r a n d u m o f L a w )
6. I am no t sub ject to no r u n d er the ju risd ic tio n o f y o u r T rad in g with the E nem y Act
o f O c to b e r 6, 1917, y o u r E m erg en cy B anking R e lie f act o f M arch 9, 1933, your
E m e rg e n c y W ar P ow ers A ct(s) o f 1941 and 1942, y o u r Presidential Proclam ation
2 0 4 0 cod ified at y o u r Title 12 U S C 95b. (see E x h ib it F o f a tta c h e d B ill in
E quity’; A m ic u s C u ria e A ffid a v it, A ffid a v it o f S ta tu s o f L e b r o n J a m e s ,
M em orandum o f Law )
7. A s a Private C itizen 1 am only subject to and bound by the exclusive jurisdiction

o f a civilian du e p rocess o f un d er exclusive ju risd ic tio n o f equity, and my
u n e n u m e ra te d rights are protected by the spirit, intent and u n rem un erated
fu n d am e n tal rights and p riv ileges o f T h e C on stitu tion o f the U nited States o f
A m e ric a and its equity ju risp ru d e n c e ; (see E x h ib it F o f a tta c h e d B ill in E q u ity ;
A m ic u s C u ria e A ffid a v it, A ffid a v it o f S ta tu s o f L e b r o n J a m e s , M e m o r a n d u m o f
Law )
8. M y d e j u r e Private C itize n sh ip status has n ot been altered by any federal or state

co n tra ct or statute, be it ex press or im plied, p ublic or private; and therefore my de
ju re , Private C itize n sh ip status has not been reduced to an inferior grade o f
v o lu n te e r surety “ U.S. c itize n sh ip ” status by the state o f m y natural birth and/or by
Page 3 o f 6
the state o f m y non-statu to ry , private and special residence on the land reco g n ized
in exclu sive Equity; (se e E x h ib it F o f a tta c h e d B ill in E q u ity ; A m ic u s C u ria e
A ffid a v it, A ffid a v it o f S ta tu s o f L e b r o n J a m e s , M e m o r a n d u m o f L a w )
9. I ani not a quasi-co rp orate, Public “ U.S. citizen ” in interstate and foreign
c o m m erce. F or said Public “ U.S. citizen” (h av in g o n ce held original, de ju re
citizenship status con ferred by Section 1 o f the 14th A m e n d m e n t to the
C onstitution o f the U nited States o f A m e ric a on the day o f his natural birth) holds
an inferior g rade o f citizenship status th ro u g h an im plied surety /co m m e rcial
contract created by operation o f law upon its filing with a third party record
keeper/pub lic office in the state o f its s u re ty ’s natural birth; {see E x h ib it F o f
a tta c h e d B ill in E q u ity ; A m ic u s C u ria e A ffid a v it, A ffid a v it o f S ta tu s o f L e b r o n
Jam es, M em o ra n d u m o f L aw )
10. M y causes o f action are purely equitable and n ot co g n izab le at law — m u c h less at m artial
due p rocess— and rely exclusively on the reco g n itio n and e n fo rc e m e n t o f purely
eq uitable rights;
11. M y causes o f action are purely eq uitable by nature b ecau se he seeks p ro tec tio n s o f
rights born o f special p rivate fiduciary trust relations b etw een the parties, either
express, resulting, con structiv e, or executory up on w hich A ffian t has relied for fail
dealing, go od faith, accurate, co m plete, and eq u itab le trea tm e n t, leaving no room
for casuistry
12. M y private, substantive, equitable rights are inherently in con flict with the g eneral rules
o f law, State adop ted “ G eneral Rules o f Civil P ro ced u re,” Federal R ules o f Civil
P rocedure ab initio 1938, and y o u r general at law m artial d ue p ro cess d e fa c to m artial
g o v e rn m e n t since P resident R o o s e v e lt’s P ro clam atio n 2 0 4 0 and the E m e rg e n c y W ar
Pow ers A ct o f M arch 9, 1933;
13. M y p articular rights are no t co g n izab le in courts o f law, n o r the m o d e rn m e rg e d reform ed

legal system w h ere the pro cedural distinctions betw een the courts o f law and eq uity were
m erged, albeit, the ju risd ic tio n s are w holly unaffected and m y private su b stan tiv e rights
are in direct inherent conflict with the m o d e rn co n cu rren t ju risd ic tio n created by the
Judicature A ct o f 1873; F urtherm ore, conflict with the re fo rm e d p ro c e d u re is th a t the
ancient separation into exclu sive ju risd ic tio n no lo n g e r furn ishes an ad eq u a te n o r even a
true principle upon w hich to classify the body o f equity ju ris p r u d e n c e an d is in direct
conflict with the re fo rm e d procedure.
Page 4 o f 6
Order sought
W h ere as the fo re g o in g serves as p rim a facie evid en ce o f an inherent discrepancy, the

only valid re m e d y m a y be sou gh t in the ju risp ru d e n c e o f pure, exclusive, inherent Equity,
bein g deriv e d from A rticle 3 section 2 subdivision 1 o f the C o nstitu tion o f the U nited
States o f A m e ric a , h e n c e the m a x im , “g e n e r a lly in a ll m a tte rs in w h ic h th e re is a n y
c o n flic t o r va ria n c e , b e tw e e n th e ru le s o f E q u ity a n d th e la w w ith r e fe r e n c e to th e sa m e
m a tte r, th e r id e s o f E q u ity s h a ll p r e v a il,” therefo re I respectfully d em an d y o u r
C h a n c e llo r a n s w e r this Petition by p ro cee d in g with this m a tter “ private” and “ sealed,” in
special term , In C a m e ra , Ex Parte exclu ding the public, press, spectators, enem ies and
an y o n e n ot o f a “ P riv ate” status and p ro v id in g evid ence to substantiate the same.
{M a x im s : “E q u ity a cts S p e c ific a lly , a n d N o t b y W a y o f C o m p e n sa tio n , ” “E q u ity acts in
p e r s o n a m , n o t in rem , ” “E quity; w ill n o t s u ffe r a w r o n g w ith o u t a rem ed y, ” “g e n e r a lly
in a ll m a tte rs in w h ic h th e r e is a n y c o n flic t o r va ria n ce , b e tw e e n th e ru le s o f E q u ity
a n d th e la w w ith r e fe r e n c e to th e s a m e m a tte r, th e r u le s o f E q u ity s h a ll p re v a il, ”
“E q u ity d e lig h ts to d o c o m p le te ju s tic e , a n d n o t b y h a lv e s ,” “E q u ity lo o k s to th e in te n t
r a th e r th a n th e f o r m , ” “E q u ity d e lig h ts in eq u a lity, ” “E q u ity r e q u ire s d ilig en ce , clea n
h a n d s a n d g o o d f a i t h ”)
R esp ectfully fo rw ard ed ,
Page 5 o f 6
Private Letter to Cham bers on active case petition
in equity.
S e p te m b e r 1, 2016
Dear H o n o r a b le J u d g e K lin e ,
G re e tin g s to y o u a n d b le s s in g s u p o n y o u r f a m ily , it w a s m y p r iv ile g e a n d h o n o r to m e e t y o u in
your H o n o r a b le C o u r t on J u n e 2 8 , 2 0 1 6 o v e r w h ic h y o u p re s id e d , a n d 1 d o a c k n o w le d g e an d acc ep t said
H o n o rab le D e c re e n o tw it h s t a n d in g a n y fu r th e r a m e n d e d d e c r e e s th a t m a y be f o r th c o m in g , but that is not
the p u rp o s e o f th is letter. 1 w a n t to th a n k y o u fo r y o u r D e c re e d e c l a r in g m e to be th e H eir and Sole
B eneficiary o f th e N a m e a n d E s ta te o f “ E R I C J O N P H E L P S . ”
A s th e H e ir an d S o le B e n e fic ia l O w n e r o f said e state, 1 d o a ffirm an d d e c la r e to y o u r H o n o r that 1
am w ith o u t a tru s te e , e x e c u to r, p e rs o n a l r e p r e s e n ta tiv e , o r A d m in i s t r a to r to u n d e r ta k e im p o rta n t
ministerial and fid u c ia r y fu n c tio n s su ch as f u n d s d is b u r s e m e n t , life m a in te n a n c e and s u p p o rt,
recoupm ent, e q u ita b le c o n v e r s io n o f o rd e rs , etc., o f said e s ta te , w h e r e th e c o u rt is j e a l o u s o f a tru st and
where no tru s t can fail fo r w a n t o f tru s te e d o rely o n th is h o n o r a b le c o u rt to r e m e d y th is w ro n g . S in ce
your H o n o r h as is s u e d a d e c r e e by w h ic h o p e r a tio n e s ta b lis h e s m y e q u ita b le rig h ts, p o w e r s a n d rela tio n to
said estate, I re q u ir e to k n o w to w h o m to a p p ly fo r m in is te ria l a d m in is tr a tio n o f s a id e s ta te on m y b e h a lf
for w h o m m y in s tru c tio n s m a y be f a ith f u lly a d d r e s s e d fo r th e d u tie s o f an a d m in is tr a t iv e n a tu re and in
what m o d e , i f an y , 1 m a y avail m y s e l f in w h ic h th e s u b s ta n c e o f m y in te n t, p u r p o s e an d w ish e s.
F u rth e r, i f said es ta te is in s o lv e n t, th e n I shall e n d e a v o r to m a k e it s o lv e n t as a c o n trib u tin g heir
subrogee; i f th e re are a n y e n c u m b r a n c e s o r c o lla te ra l r e la tio n s im p e d in g th e a d m in is tr a tio n o r ex e c u tio n
of said es ta te I shall a lso c o n s id e r to e x e r c is e th e rig h t to r e d e e m said c o lla te ra l in d e c la r in g a d eed
absolute to be an e q u ita b le m o r t g a g e in m y fa v o r, in o r d e r to e x tin g u is h all e n c u m b r a n c e s a n d m e rg e and
extinguish a n y o f th e c o r r e s p o n d in g d e b ts o r m o r tg a g e s , as th e s itu a tio n m a y req u ire .
In a n y s c e n a rio , 1 w h o lly e x p r e s s 1 in te n d to d o e q u ity tr u s tin g in th e in h e re n t eq u ita b le
jurisdiction as a p riv a te c itiz e n o f th e U n ite d S ta te s p riv a te ly r e s id in g in th is U n io n state o f P en n sy lv an ia
within a n o n - m ilita r y o c c u p ie d p riv a te , a n d h u m b l y m o v e y o u r H o n o r to u s e g o o d re a s o n a n d go od
conscious in a p p ly in g y o u r so le p r e r o g a tiv e e q u ita b le p o w e r s in f a ith fu lly s e e in g d o n e th a t w h ic h o u g h t to
be done.
I s e e k y o u r a d v o c a c y to m o v e th is c a u s e f o r w a rd to th e e n d s o f j u s t i c e a n d in th e sp irit o f m y
father and c r e a t o r ’s w ill a n d sp irit o f th e la w u n d e r G o d . C itin g C h a n c e l l o r H e n r y R. G ib s o n I c o n v e y to
this c au se th e b asis o f th e in h e re n t e q u ita b le j u r i s d i c ti o n th a t y o u r H o n o r shall d is p e n s e :
Blinded Justice
“ W ith s w o r d in o n e h a n d a n d s c a le s in th e o th e r, c o n d e m n i n g all in o n e s c a le a n d r e w a r d in g all in
the o th e r scale, is th e d iv in ity o f th e C o u r ts o f law . T h e d iv in ity o f th e C o u r ts o f C h a n c e r y , on th e o th er
hand, is o p e n - e y e d E q u ity , h a v in g n e i th e r s w o r d n o r sc a le s, w e a r i n g th e b r e a s t- p l a te s o f g o o d re a s o n and
good c o n s c ie n c e , u s in g b o th h a n d s to r e m o v e all f o r m s , c lo a k s , v eils, te c h n ic a lit ie s an d s u b te rf u g e s , that
conceal or d is to rt th e real facts an d c i r c u m s ta n c e s o f th e c a s e b e f o r e h er, s e p a r a t in g th e p u r e g ra in s o f
truth from th e s tra w a n d c h a f f o f frau d a n d artific e , a n d a p p o r ti o n in g to e a c h p a rty , w h e t h e r c o m p la in a n t
or d efen d a n t, w h a t is g o o d re a s o n an d g o o d c o n s c ie n c e is his j u s t d u e .”
S ig n e d on th is 1st d a y o f S e p te m b e r tw o th o u s a n d s ix te e n o f th e y e a r o f o u r L o rd a n d th e tw o
hundred and fo rty first y e a r o f th e in d e p e n d e n c e o f th e u n ite d s ta te s o f A m e r ic a .

F a it h f u ll y an d si n ce re ly ,
In the M em ory of M ahesh, with perm ission.
:jofm:of Oregon (Private 'Universaf Civifian
| | J Steward,Odeir/Cestui Que hy ifature
Private Universaf Civifian Steward “men" within the
‘“Decfaration of ‘lndeyendence”circa “1/76"
endowed with sacred naturalprivate rites/rnjhts
secureddy un ited “States of America”circa 1776”
“T ’fie U nited States o f‘America" circa “1781"
“‘United “jdations" circa “1945" hut not fimited to;
fnI character ■.one-of-the-peaccfuf-common-peovfe':
IN C R E A T O R I T R U S T
“Derativa potestas non potest esse major primitiva.
The power which is derived cannot be greater than that from which it is derived.”
NOTICE
Declaration of Mode of Proceeding
To All Whom By Thes e Pres ent s Come, Greet i ngs ;
This is actual and c o n stru ctiv e notice th a t it is h ereb y declared by th ird p a rty in terveno r, only real
p a rty in in te r e s t being h a r m e d :john: o f Oregon, a p riv ate universal civilian s te w a r d [previously know n as
private A m erican citizen2] of th e u n iv e rs e and of th e u n in c o rp o ra te d The United States of America
("Private Civilian”) th a t th e m o d e of p ro cee d in g in th e n a tu re of its due process, attach m en t, and
acquisition of ju risd ictio n in this p ro cee d in g or any m e sn e p ro cee d in g involving th e p rivate civilian :john:
o f Oregon, and t r u s t p r o p e r ty shall be of a p u rely civilian n a tu re in acc o rd an ce th e soul, in ten t and spirit
of original an d exclusive eq u ity jurisdiction and shall be clothed w ith judicial p o w e r secu red by Article 3,
Sect. 2, subd. 1 o f th e p erfected t r u s t res C onstitution for th e United States of America; Private Civilian, in
keeping w ith good re a s o n an d good conscience, does declare an y "legal" p ro cee d in g m u s t be w ith o u t the
m o d e s and u sages of, and to th e ex p ress exclusion of, military, com m ercial, municipal, or foreign modes
of pro ceeding, d u e p ro cess a n d acqu iring jurisdiction o v er th e private civilians pro p erty .
All m o d e s of p ro cee d in g s and m o d e s of acquiring jurisdiction ov er o r against o r applied to Private

Civilian o r th e t r u s t p r o p e rty w hich are in n a tu re o r c h a ra c te r military, com m ercial, municipal, o r foreign
m o d e s to th e co n stitu tio n of th e United States are d e e m e d p o tentially irre p a ra b le harmful, egregious,
dam aging, a tre s p a s s , and potentially trea so n o u s.
For th e p u rp o s e s of balancing th e equities b e tw e e n th e p arties in th e p u rs u it and adm inistration

of com plete justice, as well as in o r d e r to ad e q u a te ly cover th e u n lim ited liability of threat, harm ,
trespass, dam age, d e stru c tio n of Private Civilians fu n d am e n tal civilian d u e pro cess protectio ns secured
by Section 1 of F o u rte e n th A m e n d m e n t of th e perfected t r u s t res co nstitu tion Private Civilian does now
declare a collateral a ttach m en t, actually and constructively, to th e plaintiff n am ed "ABC ENTITY" and its
assig n o r(s) ("Creditor"), as well as a collateral a tta c h m e n t to th e Docket n u m b e r # 1 1 1 11122 of this
p ro c e e d in g as collateral secu rity in th e form of u n liq u id ated interest, tr u s t res, flowing to :john:, Private
Civilian, as m o rtg a g e e and cestui que to all C red ito r’s p r o p e rty including b u t n o t limited to: its charter,
su reties, and p r o p e r ty d u rin g th e life of th e proceed ing s until which tim e its ex tin g u ish m en t or
e x p u n g e m e n t from public re c o rd (said collateral is "res" assigned accounting title RR111222333US-14).
The n a tu re of th e abov e collateral security a tta c h m e n t is h e re b y e x p re sse d in th e n a tu re of an equitable
m ortgage, Private Civilian as m o rtg ag ee, and C redito r as principal debtor, and tre a te d as such to be
foreclosed u p o n in th e ev en t of any loss of p ro p e r ty o r rights se c u re d and p ro te c te d to the p ersons
1People, in accordance with The Estate “ Trust” and for the purpose o f this Docum ent shall mean Private Excusive Obedient Per Law Eternal secured by
Constitution “ 1776” o f M aryland and Declaration o f Rights. (Exclusive Equity) With the intent and spirit o f your case: Bond v. United States (564 U .S . (2011))
“The Framers concluded that allocation o f p o w e rs between the N ational G overnm ent and the S ta te s e n h a n c e s fr e e d o m , first by protecting the integrity o f the
governm ents them selves, and second by p r o te c tin g the p e o p le , from whom all governm ental p o w e rs are d e r iv e d .” (Em phasis added) “ Derativa potestas non
potest esse m ajor prim itiva. The pow er which is derived cannot be greater than that from which it is derived.”
2 Recorded in Lam ar County, GA Superior Court Book XX, pages XXX-XXX
Private Trust C ertilicatc (/RE00865941 7U S -X X -A A A -X X X Page 1 of 3

■jofuv.of Oregon 'Private Universal Civilian
Steward,pfeir/Cestui Qge hy Pfature
Private Vniversaf Civifian Steward “men” within the
“DecCaration of Independence” circa “1776’’
endowed witft sacred naturalprivate rites/rifjfits
secured6y united “States cd‘America” circa “1776”
“The U nited States o f’America”circa “1781"
Unitedidations” circa “1945” hut not (unitedtu,
hy character :one-of-the-peacefuf-common-peop(e‘:
IN C R E A T O R I T R U S T
“ Derativa potestas non potest esse major primitiva.
against w hom all parties w h o se m o d e s of p ro cee d in g a g ain st Private Civilian are in violation of this
declaration.
W hereas E xhibit A attach e d h e re w ith identifies th e tr u e debto r, and the sig nature of th e private
civilian m aking him the surety, seco n d arily liable, in C red ito rs’ claim, in th e ev en t of any liability
w h atso ev er in any q u a n tu m or specie th a t arises from C reditors' p ro cee d in g and is im pu ted to said
Private Civilian, C reditor shall be re q u ire d to sue o u t for p a y m e n t and collection th e d e b t or charge
against the d e b to r of reco rd of th e State ofXXXX, an exhibit p ro v id ed h e re w ith (E xhibit A "DEBTOR" is
either D river’s License, SS Card, or BC); if by th irty -d ay s (30) from ju d g e m e n t no p ro cee d in g against said
DEBTOR is initiated by C re d ito rs’ for th e collection and p a y m e n t of funds th e n Private Civilian, as a n o n
technical s u re ty to DEBTOR, shall be com pletely ex onerated, his re c o rd c le a re d — ex pu nged or
extinguished.
If said DEBTOR is insolvent for any re a s o n up on th e e n fo rc e m e n t of said ju d gem ent, th e n Private

Civilian, as su b ro g ee ("Subrogree"), p r io r to paym ent, shall r e q u ir e a g u a r a n te e of his right of su brogation
in w riting from the ju d g e m e n t-c re d ito r ("Subrogor”), in w riting, to be ab so lu tely s e c u re in his rig ht to be
su brogated to the ju d g e m e n t credito r, su brogo r, th e d e b t o r charge o r liability arising from said
jud gem ent o r proceeding. All said W ritten G uarantees a re th e n d eclared to be rig h ts assign ab le to
Subrogor for s e ttle m e n t and clo sure of all rulings, ju d g e m e n ts ag a in st said Subrogree.
NOW, THEREFORE, :john: o f Oregon, priv ate civilian of th e u n in c o rp o r a te d The United States of
America, by virtu e of th e in h e re n t a u th o rity vested in priv ate civilian by th e C reato r an d w hich u n
e n u m e ra te d rights are se c u re d by th e perfected t r u s t res C onstitution and th e law s of th e United States,
do hereby declare January 20, 2017, to be se c u re d by th e p riv ate civilian m o d e o f p ro c e e d in g against all
o th e r modes.
IN WITNESS WHEREOF, Private Civilian have h e r e u n to s e t h a n d this tw e n tie th day of January, in

the year of th e Creator tw o th o u s a n d seventeen , and of th e In d e p e n d e n c e of The United States of America
the tw o h u n d re d and forty-first.
Private w i t n e s s _______________________ , date
Private w i t n e s s _______________________ , date . :john: o f Oregon, p riv ate universal

civilian s te w a rd . Declarant.
1People, in accordance with The Estate “Trust” and for the purpose o f this Document shall mean Private Exeusive O bedient Per Law Eternal secured by
“The Framers concluded that allocation o f p o w e rs between the National Governm ent and the S ta te s e n h a n c e s f r e e d o m , first by protecting the integrity o f the
governments them selves, and second by p r o te c tin g the p e o p le , from whom a ll governm ental p o w e rs are d e r iv e d .” (Em phasis added) “ D erativa potestas non
potest esse major primitiva. The pow er which is derived cannot be greater than that from which it is derived.”
2 Recorded in Lamar County, GA Superior Court Book XX, pages XXX-XXX
Private Trust Certificate # R E 00 86 5 94 17 U S -X X -A A A -X X X Page 2 of 3

:john:of Oregon (Private Universal Civifian
Steward,Q-feir/Cestui Qy,e hy (Nature
(Private Universaf Civifian Steward “men”within the
“(Decfaration of (Independence” circa “1776”
endowed with sacred naturalprivate rites/n'aftts
secureddy united “States of (America” circa “1776"
“T ’he ‘UnitedStates of (America " circa “1781”
“United(Nations” circa “1.945” hut not [united to;
hy character one-of-the-veacefuf-common-peopfe1:
IX C R E A T O R I T R U S T
“Derativa potestas non potest esse major primitiva.
SCRIPTURE:
D e u te ro n o m y 19:15
M atthew 18:20
M AXIMS:
“Equity aids the vigilant”
“He who Seeks equity must do equity”
"Equity will n o t allow a t r u s t to fail for w a n t of a tr u s t e e ”
"Equity will n o t aid a v o lu n te e r ”
"Equity re g a rd s th e b eneficiary as th e tr u e o w ner"
"Equity sees th a t as d o n e w h a t o u g h t to be d o n e ”
“ Equity imputes an intention to fulfill an obligation”
"Equity will n o t p erfect an im p e rfe c t D eed”
Private Witness
Private Civilian Witness 1 Private Civilian Witness 2
1People, in accordance with The E state “Trust” and for the purpose o f this Docum ent shall mean Private Excusive Obedient Per Law Eternal secured by
“The Framers concluded that allocation o f p ow ers betw een the N ational Governm ent and the S tates enhances freed o m , first by protecting the integrity o f the
governm ents them selves, and second by p ro tectin g the people, from whom all governmental pow ers are d eriv ed .” (Em phasis added) “D erativa potestas non
potest esse m ajor prim itiva. The pow er which is derived cannot be greater than that from which it is derived.”
2 Recorded in Lam ar County, GA Superior Court Book XX, pages XXX-XXX
Private Trust Certificate (/R E 008659417U S -X X -A A A -X X X Page 3 o f 3
mahesh-fantifaf: Yagnif „ ~—
Private fry idature, Q-feir/Cestui Que Trust ^ fc.\ sej~ %
(Naturalized ‘American “men" witlun the .....
•........
‘“Declaration
Decfaration oymaepenaence
of 'Independence” circa “1776”
177b / ^ ■ » —«—* •. *
eiufowecfi’w ithsacred m turafprivate riijhts ! s i I • I ^ '•i ,
p ro te c ted * u n ite d “States o f‘America”circa “1776” \ 'i ^ !■»"&**■» a]
“rffie U nited States of America” circa “1781” 5 9 4 6 ■■'S'
“Unitedidations" circa “1945" ' -
:one-of-the-peacefuf-common-peop(e':
IN C R E A T O R I “T R U S T ”
‘Derativa potestas non potest esse major primitiva. The power which is
derived cannot be greater than that from which it is derived.”
dear friend;
the intent and spirit of this private message is to introduce
private naturalized american as one of the comm on people in
Maryland herein after appellant, throughout this m atter m istakes
have been made by the appellant and others in the m atter at hand,
this is to clarify the intent and spirit of the appellant to the
presentment of a brief, when com prehending the m eaning of public
and private (M a tth e w 7 :6 ) it became clear that to keep
correspondence m essages private between the parties there was a
proper way to present the written word, there are tw o sides to a
presentm ent the public side, front side and the private side back side,
in transferring information which is sacred and private it should be on
the private side of the presentm ent and not delivered to anyone in
the public. (M a t th e w 7 :6 )
the appellant in this matter is not to be presumed or assum ed to
1l’eople, in accordance with The Estate “ Trust” and for the purpose o f this Docum ent shall mean Principle Entity O bedient Per Law Eternal
protected by Constitution “ 1776” o f M aryland and Declaration o f Rights. (Exclusive Equity) With the intent and spirit o f your case: Bond v.
United States (564 U .S . (2011)) “The Framers concluded that allocation o f p o w e rs between the N ational G overnm ent and the States
e n h a n c e s fr e e d o m , first by protecting the integrity o f the governm ents them selves, and second by p r o te c tin g the p e o p le , from whom a ll
governmental p o w e rs are d e r iv e d .” (Em phasis added) “ Derativa potestas non potest esse m ajor primitiva. The pow er w hich is derived
cannot be greater than that from which it is derived.”
Private Trust Certificate #RE008659403U S-001-V G T-123-SA M

mahesh-hantifaC: Yagnik ^ ~ .
Private by Pfature, pfeir/Cestui Que Trust x se3;
Pfaturalizecf 'American “men”within the / ^ /.'••"...... '•••.
“'Decfaration of Independence” circa “1776” / K f > ~i > \ \
endowecf\with sacred naturalprivate rig fits Is; 1 j I q i
protected'dy united “States of America” circa “1776” \' i ^ *;M
“The U nited States of America”circa “1781” ' . V. 59 4 6 ./•£,
‘“UnitedPfations”circa “1945” ' .<»,/:.....
. ;.av.S'1rJ
:one-of-tfie-veacefu(-common-peov(c': '
be the captioned entity, the appellant a friend of
the court, is the third party intervienor only real party in interest
that's being harmed by this private nuisance m atter at hand,
previously referred to as "Private Am erican National Citizen" upon
further research that designation does not accurately depict what's
written on the appellant's heart, the revised designation is
"unregistered nonresident alien individual universal entity "men""
herein after private naturalized american (pna). within a root record
of this nation you'll find a docum ent titled Declaration of
Independence that states;
"W hen in the Course of human events, it becom es necessary for one
people to dissolve the political bands which have connected them
with another, and to assum e am ong the powers of the earth, the
separate and equal station to which the Laws of Nature and of
Nature's God e n title them , a decent respect to the opinions of
m ankind requires that they should declare the causes which

1People, in accordance with The Estate “Trust” and for the purpose o f this D ocum ent shall mean Principle Entity O bedient Per Law Eternal
2of 5
U nited States (564 U .S . (2011)) “The Framers concluded that allocation o f p o w e rs between the National Governm ent and the States
en h a n c e s f r e e d o m , first by protecting the integrity o f the governm ents them selves, and second by p r o te c tin g the p e o p le , from whom a ll
governm ental p o w e rs are d e r iv e d .” (Em phasis added) “ D erativa potestas non potest esse m ajor primitiva. The power which is derived
cannot be g reater than that from which it is derived.”
Private Trust Certificate #RE008659403US-001-VGT-123-SAM

mahesfi-kantdaf: Yagnik ^ __ _
'Private hy Nature, Neir/Cestui Que T ’irust __ ^c-t x
Naturalized 'American “men”within the / V .......
“(Decfaration of Independence” circa “1776” / *'/' r * —j \ ^
endowed"1 w itfi sacred naturaltprivate r y d ts >aI j j i ,
protected\dy united “States of America” circa “1776” \ 't \ ^ •\ = ‘
“The U nited States of America" circa "1781” \ %\ 5 9 4 6
“U nitedN ations” circa “1945” •■''■sS j
.
:one-of- the-peacefu f-common-peopfe1Cl: ‘' .jVil«I: ^ r.
impel them to the separation. We hold these truth to be self-evident,
that all
“m e n " are created equal, that they are e n d o w e d by their Creator with
certain unalienable (P riv a te ) Rights, that am ong these are Life, Liberty
and the pursuit of H appiness.-That to secure these rights,
Governm ents are instituted am ong Men, deriving their just powers
from the consent of the governed"
(Em phasis added)
appellant uses the words, vour authority, vour case and acts, vour
scripture code & doctrine and vour U.S. code, the intent and spirit is
to show there is a difference in the positions held by the parties, the
first is an endowed party with sacred private rights and the second
party to secure those rights and vour tools to accom plish the act of
securing and protection.
there are private trust issues being addressed in this brief that the
1People, in accordance with The Estate “Trust” and for the purpose o f this D ocum ent shall mean Principle Entity O bedient Per Law Eternal ^
protected by Constitution “ 1776” o f M aryland and D eclaration o f Rights. (Exclusive Equity) W ith the intent and spirit o f your case: Bond v.
United States (564 U .S . (2011)) “The Framers concluded that allocation o f pow ers betw een the National G overnm ent and the States
enhances freedom , first by protecting the integrity o f the governm ents them selves, and second by p ro te c tin g the people, from whom all
governmental pow ers are'd eriv ed .” (Em phasis added) “ Derativa potestas non potest esse m ajor primitiva. The pow er which is derived
Private Trust Certificate #RE008659403U S-001-V G T-123-SA M

mahesh-fantifaf Yagnif ^ _
'Private f y Pfature, pfeir/ Cestui Qy,e drust se^ x
Pfaturalizecf American “men”within the / "-fd
“Decfaration o ff‘Independence']
‘“ Independence" circa “1776” / « ~t—j \
endowed 1
endowed witHsacrednaturalprivate
with'sacrednaturafprivate ria/its
rip/its I s : I j 1^ ’•*
-ntsrts/t'tii/mn'tsY
protecteddy united “States nf
o f‘mmavisn”sivrn
America” circa U1-7-70”
“1776” L't . ^ *: £
“T h e ‘United States o f America" circa “1781” \% \ 5946 ./ i .
‘“UnitedPfations”circa “1945" ' f f y ........
■.one-of-the-peacefuf-common-peopfe1: ' J 7T/ei: r
“D erativa potestas non potest esse major primitiva. The power which is
appellee(s) have no business knowing they are not party to those
issues, appellant in a previous brief filing conveyed these concerns to
the Chief Judge Peter B. Krauser only to receive an order dated 19th
day of May, 2016, on page two
item three it states: "(filing and service of briefs and record extracts -
tw o copies o f th e b rie f an d reco rd e x tra c t m ust be m a ile d to Carrie
W ard , Esq., H o w a rd B ierm an, Esq., an d Larry Kirch, Esq,.)n the intent
and spirit of saying this is not to cause harm to the appeal court, its
intention is to inform the court, the appellant will not breach trust so
the copies being delivered to those parties m entioned will be
redacted of those private trust issues, the appellant is relying on this
appeal court to do its confidential fiduciary duty to any and all trust
relationships the court may encounter during the review of this
m atter at hand.
People, in accordance with The Estate “Trust” and for the purpose o f this Document shall m ean Principle Entity Obedient Per Law Eternal
4of 5
U nited States (564 U .S . (2011)) “The Fram ers concluded that allocation o f p o w e rs between the National G overnm ent and the States
governm ental p o w e rs are d e r iv e d .” (Em phasis added) “Derativa potestas non potest esse m ajor primitiva. The power which is derived
Private Trust Certificate #RE008659403US-001-VGT-123-SAM
Copy Claim ed February 2020 •231

mahesh-kantdai: Yagnik ^ ~—
Private hy Nature, Neir/Cestui Que Tirust ^ ft :.t se^ %
Naturalized'American “men”within the
‘Declaration or 'maeyenaence circa 177b / ^ j j— * \
endowecf1with sacrecf*natural^private rig /its >a ; 1 • I ^ '•5 ,
protected\du united “States of Am erica ” circa “1776” \ ’i '. ^ ^;
“T ’fie ‘United States o f America” circa “1781” 5 9 4 6 /•£ /
“U nitedN ations”circa “1945" '■...v j - ......
■.one-of-the-peacefuC-common-peopfe1: ' - J1til* I: r
“Derativa potestas non potest esse major primitiva. The power which is
derived cannot be greater than that from w hich it is derived.”
the intent and spirit of using a different font for the private writing is
in the style of the hand w riting of the appellant, it is com puter
generated only for the ability of the reader to be able to clearly
comprehend the message, it is written in all lower case to show the
appellant is a common peaceful people, with no capitalization to lead
to presumption or
assum ption of any titles.
during the m atter at hand the appellant gave notice to chief justice
mary ellen barbera of the inherent conflict or variance it would raise.
acting with good conscience

and good reason
graciously friend of the court,
mahesh
1People, in accordance with The Estate “Trust” and for the purpose o f this D ocum ent shall m ean Principle Entity O bedient Per Law Eternal
5of 5
United States (564 U .S . (2011)) “The Framers concluded that allocation o f p o w e rs betw een the N ational Governm ent and the States
governmental p o w e rs are d e r iv e d .” (Em phasis added) “D erativa potestas non potest esse m ajor primitiva. The pow er w hich is derived
Private Trust Certificate #R E008659403U S-001-V G T-I23-SA M

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FOIA/Privacy Act Request
for Certified/A uthenticated Copy o f Inceptual Bookentry N um ident Record
SSA, OEIO, DEBS, FOIA Workgroup

6100 Wabash Avenue
P.O. Box 33022
Baltimore, MD 21290-302
(Full Name) (Docket #) (Social Security Number) (Date of Birth)
If you do not know your S ocial Security num ber provide th e follow ing inform ation:
Nam e: Date of B irth :
Place of B irth : M o th e r's M a id e n N a m e :
Sex: Father's N am e:
In all c a s e s p r o v i d e t he f o l l o w i n g :
Maling Address: Daytime Phone Number:
I am the nonresident, n o n -U S citizen, private civilian, Pennsylvanian National by birthright,

and man to whom the records p ertain. 1 und erstand that any false rep resen tatio n to kn o w in g ly
and willfully obtain information from Social Security records is p u n ish ab le by a fine o f not more
than $ 5 , 0 0 0 or one year in prison.
S incerely,
Jo h n H en ry Doe.
Signature Date
GN 03325.025 Requests for Numident Records
A. Policy for requesting the N um ident record
Under the Privacy Act, an individual has the right to access any information in our records about him or her,
including a copy o f Form SS-5 (Application for a Social Security Card) and the Numident record. A
Numident is a query display o f the information taken from an individual's original application for a Social
Security card and subsequent applications for replacement SSN cards.

NAME GAME
X SPECIAL SOCIAL SECURITY ADMINISTRATION
/ \ FORM SSA-3000 ACCOUNT ACKNOWLEDGMENT
/ ONE \
UNITED STATES j CERTIFICATION
I DOLLAR /
\ / IMPORTANT: Follow Instructions in filling out this form. You should be aware that the making
\ S of any false, fictitious, or fraudulent claim or statement to the United States is a crime that is
^ ------------- punishable by fine and/or Imprisonment. PRINT IN INK OR TYPE ALL INFORMATION.
INSTRUCTIONS ---------------------------------------
1. Wait until you are in the presence of a certifying individual to sign this form. Identification may be required.
2. Acceptable certifying individuals include authorized employees of insured depository institutions and corporate
central credit unions. CERTIFICATION BY A NOTARY PUBLIC IS NOT ACCEPTABLE.
3. Mail the completed authorization form to Treasury Department, Federal Reserve of your Division, and
commissioner of Internal Revenue, and Social Security Administration.
AUTHORIZATION ------------------------------------------------------------------------------------------------------------— ------------------------------------
I submit this acknowledgment indorsement pursuant to law and without mental reservation. Under penalty of
perjury under the laws of this Union State of Iowa and constitution for The United States of America, common law and
equity, that I have first hand, full, and perfect knowledge of the facts distinctly and positively stated here and that there
are no superior, prior or equal claims or challenges of any kind or cause of action alleged, contesting or questioning the
validity of the rights, title, and interest claimed by, established for, and perfected by the private civilian
national's signature made b y ,____________________________________herein affixed on th is day o f _____
2018 upon front and back of the SSA-3000 form issue date o f ____________ , Account Number____________
[place bank seal on both sides of card]
Sign Here:
Print N am e: Doe. John Henrv 111-55-8888

Social Security Num ber:
_. .. t i p , m p, 777-999-7894
Address: 0/0 1 2 3 M a in St' U n it 1 2 3 4 5 D a ytim e T elep h o n e Num ber:
Maoletown IA 66554 E-mail Address: M v a t e - c H I » n ® a m an.com

City State Zip:
• The in d iv id u a l m ust sign in yo u r presence and you m ust c om p le te the c e rtific a tio n and affix yo u r stam p o r seal.
Certifying • A ccep table ce rtific a tio n s in clu d e the fin a n cia l in s titu tio n ’s o ffic ia l seal o r stam p (such as corporate seal,
Officer: signature guara ntee d stam p, o r m ed allio n stam p).
• C e rtifica tio n by a n o ta ry p u b lic is NO T acceptable.
1 C E R T IF Y that , w hose identity is known or was

(Name of Person Who Appeared)
proven to me, personally ap p eared before m e this ________________________ day o f ______________________________ , ___________
(Month) (Year)
a t ___________________________________________________________, and sign ed th is a uth orizatio n.

(City) (S tate)
(Signature of Certifying Officer)
(Printed Name and Title of Certifying Off cer)

(OFFICIAL STAMP
OR SEAL)
(Name of Financial Institution)
(Address)
ACCEPTABLE CERTIFICATIONS: Financial institution’s
official seal or stamp (such as corporate seal, signature
(City, State, and ZIP Code)
guaranteed stamp, or medallion stamp).
(Notary certification is NOT acceptable.) (Phone Number)

Copy Claim ed Feb ru ary 2020________________________
Declaration of Revocation of Election
Occupant of office of Commissioner, IRS Commissioner Office of the Commissioner.

Intended
1111 Constitution Avenue, NW, Washington, DC 20224-0002. Tel: (202) 622-9511
Recipients/
Fax: (202) 622-5756.
Respondents/
Occupant of the office of Director, IRS Service Center Director, Department of the
Addressees:
Treasury Internal Revenue Service, 2970 Market St., Philadelphia PA 19104-5066
Doe, John Henry and Jane Mary, (“Declarants”) cestui que/heirs, private civilian
By/ citizens of the United States/Iowan nationals of the unincorporated Union State of
From/ Iowa, without the “United States”, within a non-military occupied private estate
Declarants: protected under Flague Treaty Article 23; Mailing location: c/o 369 main street, unit
456987, Mapletown, Iowa [postal code 6549],
taxpayers social security account identification numbers xx-xx-0377 (JOHN R DOE)

In re:
and xxx-xx-0854 (JANE M DOE) “Taxpayers” respectively, financial instruments,
securities, contracts and obligations.
Co 911 jffleit bp tljrsc ^Drfsfiits' :S>I)nlI Conte, (greetings:
Take notice and acknowledgement that i/we, third party interveners, the below subscribed Doe,
John Henry and Jane Mary, jointly cestui que/heirs, naturally born man and woman and private civilian
citizens of the United States/Iowan nationals protected by the Convention of the Hague Treaty Article 23,
and each secondarily liable as payors and implied non-technical sureties, to the above referenced
“Taxpayers” Account Numbers now coming therefore as subrogee(s) with the inherit right to make
stipulations, hereafter “Declarants” a hereby do declare that rights to declare this document to exercise
the remedy to apply to said Taxpayers intended by the Congress of the United States by which result
terminates, or corrects, the unintended voluntary election in accordance with your Title 16 of United
States Code (“U.S.C.”) §6013(g)(4)(A)1, included herein by reference and made apart hereof.
Declarants acknowledge this ‘correction’ to be irreversible and do hold harmless against legal
claims any wrong doing on the part of the government of the United States at Large any claims that may
arise out of the incorrect “Taxpayer” election prior to this notice, but at all times reserves the right to
equitable relief and defenses including but not limited to restitution, restoration, subrogation, and the
exercise of the equity of redemption as allowed to the fullest extent of law.
Doe, Jane Doe, John

Expressly Reserving All Liberties. Expressly Reserving All Liberties.
1 Title 26 U.S.C. §6013(g)(4)(A) Termination of Election, herein incorporated by reference and made apart hereto.
Copy claim, John H enry 9 November 2018

Revocation of Election
I/W e,_________________________ a n d ____________________________ , respectively,

jointly and severally, the undersigned, do make our mark and impression to signify our solemn earnest
notice of our deed of termination of any existing record of status as “resident alien individual of the United
States”, and in accordance with the legislative intent this is considered to be completed by actual and
constructive notice to the parties of the testimony contained herein as stated under the United States Title
known as “Revocation of Election” and in keeping of good citizenship do wish to be known as a private
Iowan national, private citizen of the United States and private member of one of the Union member
states, with the lawful status of a non-Taxpayer and non-Filer. This revocation of election shall become
effective immediately as specified in 26 U.S.C. §6013(g)(4) which addresses Termination of Election with
a pertinent section at 26 U.S.C. §6013(g)(4)(A) Revocation by taxpayer, both included herein by
reference and made apart hereof. Said statutory section stipulates that an election under this subsection
shall terminate at the earliest of the IRS receipt of this deed of revocation of election.
John and Jane, husband and wife in holy matrimony, as true sole heirs to the written constitution
of the United States, and equitable subrogees/payors as secondarily liable to said “Taxpayers” to hereby
order the acknowledgement to Terminate the Election for “JOHN R DOE” and “JANE M DOE”,
respectively, done unknowingly, unavailingly, and unintentionally many years ago without being fully
availed of said the congressionally created statute(s) in 26 U.S.C. §6013(g) included herein by reference
and made apart hereof. The Election shall terminate immediately as clearly stated to those men and
women acting as appropriate or official IRS operational personnel, IRS management, IRS Chief Legal
Counsel, and the IRS Commissioner, their agents, subcontractors and assigns and successors.
In accordance with said 26 U.S.C. §6013(g)(4)(A), i/we, John & Jane, jointly and severally do
hereby declare forevermore that i/we exercise the option to Terminate the Election for “John R Doe” &
“Jane M Doe”, respectively. Immediately upon receipt of this notice of deed, John R Doe & Jane M Doe
no longer wishes to be identified, categorized, characterized, or treated as a taxable Resident Alien
‘taxpayer’. According to the Internal Revenue Code of 1954 statutes promulgated at 26 U.S.C.
§6013(g)(6), it states:
Only one election, one finds expressed in this particular statute that if any election under this
subsection is terminated under paragraph (4) Termination of Election (A) Revocation by taxpayers, that
such individual(s) shall be ineligible to make an election under this subsection for any subsequent taxable
year.
Thus, once a Termination of Election occurs, which is the purpose of this recorded Testimony
properly submitted to the IRS Commissioner, et al; John & Jane for “John R Doe” & “Jane M Doe”,
respectively, never again desire to be presumed to be, viewed to be, or changed via 'election' into a
Resident Alien ‘Taxpayer’.
Ill
III
[Continued on next page]
Verification/Jurat
Copy claim, John Henry 9 November 2018

Page 53 TITLE 1 2 -B A N K S AND BANKING §§101 to 110
SECTION 9. AMENDMENTS OK ORDER AND REGULATIONS un d er s e c tio n 442 o f form er T it le 31, M on ey and F i
PRESCRIBED THEREUNDER n a n ce], it is ordered a s fo llo w s:
SECTION 1. E x e c u tiv e Ordor N o. 6260 o f A u g u st 28, 1933,
This Order and an y r e g u la tio n s, r u lin g s, lic e n s e s or
a s a m en d ed b y E x e c u tiv e Order N o. 6359 o f O ctob er 25,
Instructions issu ed h ereu n d er m a y be a m en d ed , m o d i 1933, E x e c u tiv e Ordor N o. 6556 o f J a n u a r y 12, 1934, E x ec
fied or revoked a t an y tim e . u tiv e Order N o. 6560 o f J a n u a r y 15, 1934. E x e c u tiv e
[Ex. Ord. N o. 8389 and th e r e g u la tio n s and g e n e r a l ru l Order No. 10896 o f N o v em b er 29, 1960, E x e c u tiv e Ordor
ings issued th ereu n d er b y th e S c c r o ta r y o f t.ho T r e a s N o. 10905 o f J a n u a r y 14, 1961, and E x e c u tiv e Ordor N o.
ury were approved and co n firm ed b y R es. M ay 7, 1940, 11037 o f J u ly 20, 1962; th e fifth and s ix t h paragrap h s o f
ch. 185, §2, 54 S ta t . 179.] E x e c u tiv e Order N o. 6073, M arch 10, 1933 [fo rm erly so t
[Ex. Ord. N o. 9760, J u ly 24, 1946, 11 F .R . 7999, 50 U .S.C . o u t a s a n o te u n d er s e c tio n 95 o f t h is title ] ; s e c tio n s 3
App., §6 n o te, r e la tin g to d ip lo m a tic p ro p erty o f Ger and 4 o f E x e c u tiv e Order N o. 6359 o f O cto b er 25, 1933
many and Japan in th e U n ited S ta t e s , su p ersed es c o n [fo rm erly s o t o u t a s a n o te u n d er s e c t io n 248 o f th is
flicting p ro v isio n s o f E x. Ord. N o. 8389, s o t o u t a b o v e.] title ] ; an d paragraph 2(d) o f E x e c u tiv e Order N o. 10289
E x e c u t i v e O r d e r s N o s . 8446, 8484, 8565, 8701, 8711, 8721, o f S ep te m b e r 17, 1951 [s e t o u t a s a n o te u n d er s e c tio n
8746 301 o f T itle 3, T h e P r e sid e n t], are h e r e b y rev o k ed .
S e c t i o n 2. T h e r e v o c a tio n , in w h o le o r in p a rt, o f
The a p p lica tio n o f Ex. Ord. N o. 6560, §§9 to 14. to su ch p rior E x e c u tiv e ord ers r e la tin g t o r e g u la tio n on
French property' b y Ex. Ord. N o. 8446, 5 F .R . 2279; to th e a c q u is itio n of, h o ld in g o f, or o th e r tr a n s a c tio n s in
Latvian, E sto n ia n and L ith u a n ia n p ro p erty by E x. Ord. gold sh a ll n o t a ffe c t a n y a c t c o m p le te d , or a n y r ig h t
No. 8484 , 5 F.R . 2586; t o R u m a n ia n p ro p erty b y E x. Ord. a cc r u in g or a ccru ed , or a n y s u i t or p roceed in g fin ish ed
No. 8565, 5 F .R . 4062; to B u lg a r ia n p ro p erty by E x. Ord. or sta r te d in a n y c iv il or c r im in a l c a u se p rior to th e
No. 8701, 6 F .R . 1285; to H u n garian p ro p erty b y E x. Ord. r e v o c a tio n , b u t a ll su c h lia b ilit ie s , p e n a ltie s , and for
No. 8711, 6 F .R . 1443; to Y u g o sla v p ro p erty b y E x. Ord. fe itu r e s u n d er th e E x e c u tiv e ord ers s h a ll c o n tin u e and
No. 8721, 6 F .R . 1622; to G reek p ro p erty b y E x. Ord. N o. m a y bo en forced in th e sa m e m a n n er a s i f th e r e v o ca
8746, 6 F .R . 2187, w as in co rp o ra ted in th e p r o v isio n s o f tio n b ad n o t boon m ade.
Ex. Ord. N o. 8389 a s a m en d ed b y E x . Ord. N o. 8785, s e t T h is ord er sh a ll b eco m e e ff e c tiv e o n D e c e m b er 31,
out above. 1974.
G e r a ld R. F o rd .
Ex. O r d . N o . 9747. F u n c t io n s o k A l ie n P r o p e r t y C u s
t o d ia n a n d T r e a s u r y D e p a r t m e n t C o n t in u e d in § 9 5 b . R a tific a tio n o f a c ts o f P r e s id e n t a n d S e c
P h il ip p in e s r e ta r y o f th e T r e a su r y u n d e r s e c tio n 95a
Ex. Ord. N o. 9747, J u ly 3, 1946, 11 F .R . 7518, provided:
The term s and p ro v isio n s o f E x e c u tiv e Order 9095 o f
The actions, regulations, rules, licenses, or
March 11, 1942, a s am ended [fo r m e rly s o t o u t a s a n o te
ders and proclamations heretofore or hereafter
under se c tio n 6 o f th e A ppondix to T it le 59, W ar and N a taken, promulgated, made, or issued by the
tional D cfon se], an d E x e c u tiv e Order N o. 8389 o f A pril President of the United States or the Secretary
10, 1940, a s am ended [se t o u t a b o v e], s h a ll c o n tin u e in of the Treasury since March 4, 1933, pursuant to
force in th e P h ilip p in e s a fte r J u ly 4, 1946, and a ll pow the authority conferred by section 95a of this
ers and a u th o r ity d e le g a te d b y th e sa id E x e c u tiv e Or title, are approved and confirmed.
ders to th e A lien P r o p erty C u stod ian and t o th e S e c
retary o f th e T reasu ry, r e s p e c tiv e ly , sh a ll a fte r J u ly 4, (Mar. 9, 1933, ch. 1, title I, §1, 48 Stat. 1.) Section 5b of
1946, c o n tin u e to be ex ercised in th e P h ilip p in e s b y th e CODIFICATION the 1 9 1 7 T W E A
said officers, r e sp e c tiv e ly , a s th e r e in provided.
T h is s e c tio n is a ls o s e t o u t a s a n o te u n d er s e c tio n 5
E x e c u t i v e O r d e r N o . 10340 o f T itle 50, A ppondix, W ar an d N a tio n a l D e fe n se .
Ex. Ord. No. 10348, Apr. 26, 1952, 17 F .R . 3769, w h ich SUBCHAPTER V—OBTAINING AND ISSUING
provided th a t Ex. Ord. N o. 8389, Apr. 10, 1940, 6 F .R . 1400, CIRCULATING NOTES
as am ended, s e t o u t above, and a ll d e le g a tio n s, d e sig n a
tions, r e g u la tio n s, r u lin g s, in s tr u c tio n s , and lic e n s e s is §§101 to 110. R e p e a le d . P u b . L. 103-325, t it le VI, Another specie
sued under su ch order, sh o u ld bo c o n tin u e d in force a c § 6 0 2 ( e ) (5 )- (ll) , (f)(2)-(4)(A ), (g)(9), S e p t. 23, "circulating notes"
cording to th e ir te r m s for th e d u ra tio n o f th e p eriod o f 1994, 108 S ta t. 2292, 2294
the n a tio n a l em erg en cy p ro cla im ed by P r o c la m a tio n
No. 2914 o f D ecem b er 16, 1950, s e t o u t a s a n o te p reced S e c tio n 101, a c t s M ar. 14, 1900, ch . 41, §12, 31 S t a t . 49;
ing se c tio n 1 o f th e A ppendix to T it le 50, W ar an d N a Oct.. 5, 1917, ch . 74, §2, 40 S ta t . 342, p ro v id ed for d e liv e r y
tional D efen se, w as supersed ed by E x. Ord. N o. 11281, o f c ir c u la tin g n o te s in b la n k t o n a tio n a l b a n k in g a s s o
May 13, 1966, 31 F .R . 7215, s e t o u t a s a n o te u n d er sc e - c ia tio n s d e p o sitin g b on d s w ith T rea su r e r o f U n ited
1 tion 6 o f th e A ppendix to T itle 50. S ta te s .
S e c tio n 101a, R .S . §5159; D oc. 23, 1913, ch . 6, §17, 38
E x e c u t iv e O r d e r N o . 11387 S ta t . 268; J u n o 21, 1917, c h . 32, §9, 40 S ta t . 23.9, r e la te d
Ex. Ord. N o. 11387, J a n . 1, 1968, 33 F .R . 47, w h ich pro to d ep o sit o f b on d s to secu re c ir c u la tin g n o te s .
hibited tra n sfers o f c a p ita l to or w ith in a fo reig n c o u n S e c tio n 102, R .S . §5158, c o n stru ed te r m “ U n ite d
try or to a n y n a tio n a l th e r e o f o u ts id e th e U n ite d S t a t e s bonds" a s in c lu d in g r e g iste r e d b on d s.
States b y a person su b je c t to th e ju r isd ic tio n o f th e S e c tio n 103, a c t O ct. 5, 1917, ch . 74, §3, 40 S ta t . 342, re
United S ta t e s w ho ow ns a 10 p e r c e n t in t e r e s t in a for la te d to d e n o m in a tio n s o f n o te s and lim it a t io n on
a m o u n t o f SI and $2 n o te s .
eign b u sin ess v en tu re, w as rev o k ed b y Ex. Ord. N o .
12553, F eb. 25. 1986, 51 F .R . 7237. S e c tio n 104, R .S . §5172; M ay 30, 1908, c h . 229, §11, 35
S ta t . 551; D ec. 23, 1913, ch . 6, §27, 38 S t a t . 274; A ug. 4,
Ex. O r d . N o . 11825. R e v o c a t i o n o k E x e c u t i v e O r d e r s 1914, c h . 225, 38 S ta t . 682; M ar. 3, 1919, ch . 101, §4, 40
P e r ta in in g t o R e g u la ti o n o k A c q u is itio n o k , H o ld S ta t . 1315, r e la ted to p r in tin g and fo rm o f c ir c u la tin g
in g o k , o r O t h e r T r a n s a c t i o n s i n G o l d n o te s.
S e c tio n 105, act. J u n e 20, 1874, ch . 343, §5, 18 S ta t . 124,
Ex. Ord. N o. 11825, D oc. 31, 1974, 40 F .R . 1003, provided: provided t h a t C o m p tr o lle r o f C u rren cy w a s to p r in t
By v irtu e o f th e a u th o r ity v e ste d in m e b y s e c tio n 1 ch a r te r n u m b ers o f a s s o c ia tio n on n a tio n a l b a n k n o te s .
of the A ct o f A u g u st 8, 1950, 64 S ta t . 419, and s e c tio n S e c tio n 106, a c t M ar. 3, 1875, cli. 130, §1, 18 S t a t . 372,
5(b) of th e A ct o f O ctober 6, 1917, a s am en d ed (12 U .S.C . provided for p r in tin g n a tio n a l-b a n k n o te s on d is tin c
95a! [th is s e c tio n ], and a s P r e sid e n t o f th e U n ited t i v e p ap er a d o p ted b y S e c r e ta r y o f th e T r e a su ry .
States, and in v iew o f th e p r o v isio n s o f s e c tio n 3 o f S e c tio n 107, R .S . §5173, r e la te d t o c u s to d y o f p la te s
M u M i # 2’ as amonrtftfi by acntion and d ie s procured fo r p r in tin g n o te s an d p a y m e n t o f e x
2 o r p i f b n o T a w 9 3 - . m y l l 8 S t a t . 445, [ s e t o u t a s n o t e s p en ses.
-244-
JUDICIAL POWER ARTICLE 3
“District Courts of the United S tates” Suprem e Court 1937

from 1934
1934
73rd Congress Sess II CHS 651, 652. June 19, 1934. [Chapter 651]
[Public, No . 415.]
Be it enacted by the Senate and House o f Representatives o f the United States o f America in
Congress assem bled , That the Supreme Court of the United States shall have the power to
prescribe, by general rules, for the district courts of the United States and for the courts of
the District of Columbia, the forms of process, writs, pleadings, and motions, and the
practice and procedure in civil actions at law. Said rules shall neither abridge, enlarge, nor
modify the substantive rights of any litigant. They shall take effect six months after their
promulgation, and thereafter all laws in conflict therewith shall be of no further force or effect.
SEC. 2 The court may at any time unite the general rules prescribed by it for cases in equity
with those in actions at law so as to secure one form of civil action and procedure for both:
Provided, however, That in such union of rules the right of trial by jury as at common law and
declared by the seventh amendment to the Constitution shall be preserved to the parties
inviolate. Such united rules shall not take effect until they shall have been reported to
Congress by the Attorney General at the beginning of a regular session thereof and until after
the close of such session.
Approved, June 19, 1934.
1937
ORDERS OF THE SUPREME COURT OF THE UNITED STATES ADOPTING AND

AMENDING RULES ORDER OF DECEMBER 20, 1937
It is ordered that Rules of Procedure for the District Courts of the United States be adopted
pursuant to Section 2 of the Act of June 19, 1934, Chapter 651 (48 Stat. 1064), and the Chief
Justice is authorized and directed to transmit the Rules as adopted to the Attorney General
and to request him, as provided in that section, to report these. Rules to the Congress at the
beginning of the regular session in January next. MR. JUSTICE BRANDEIS states that he
does not approve of the adoption of the Rules.
paragraph 1 is excluded from SEC 2.

My Comments
1. In 1934 Section 1 - “ district courts of the United States"

2. In 1934 Section 1 - said rules shall not abridge substantive rights
3. In 1934 Section 1 - all laws in conflict shall be of no further force or effect
4. In 1934 Section 2 - “ one form of civil action and procedures for both cases in equity
with those actions at law"

Here's the Different Species of Article III Judicial Power:
1.1) Ordained Directly by Constitution (Art 3, sec 2) - Supreme

Court. Supreme Judicial Acts. Sovereign Judicial Power.
Justiciable nature. Separation of Powers, Co-extensive
Power, direct privity from constitution, from delegated Union state
power (excludes DoC), from delagated power of the People of the
Union state. Chain of Power:
1.1) The People delegate a portion to - “We The People"
2 . 2) Union State delegate a portion to in a mode prescribed by
constitution.
3. 3) Federal Constitution of the United States, (charter, compact,
constitution under 100% judicial power)
2 . 2) Ordained Directly by Supreme Court - circuit courts of the United
States, Justice Marshall said "The Great Courts” . Inferior courts.
3. 3) Ordained by Constitution to Article I - courts of the United
States, Judiciary Act 1789..."Laws of the United States". Not
including District of Columbia or its citizens...(city-m unicipal-act of
congress creates 1871).
4. 4) Ordained by Congress with a “ reasonable amount of judicial
power" - conferred - Federal District Courts, including District of
Columbia, (without Judicial Power by virtue of Article I right to vest
jurisdiction). "Laws of the United States". Always passing laws to
enforce against citizens of the District of Columbia no matter where
they go in the Union - Pannill.
5. 5) Zero Judicial Power: when Congress enforces Executive Order
under the Military Doctrines. The Enabling Act enforcing Military
Commander in Chief Proclamation 2040 from Executive Branch,
makes the Enabling Act 1937 ‘constitutional’ but 100% w ithout any
judicial power because nowhere does the constitution vest
any judicial authority in congress to vest in article II military.
Here’s the Different Species of Article I, Congressional Power aka “ laws

of the United States"
1. 1) Cases or Controversies - “ Laws of the United States vest

jurisdiction in Article III courts of the United States” (ie., Judiciary
Act 1789)
2 . 2) Not Cases or Controversies - “ laws of the United States for the
Union” - Statutes at Large.
3. 3) Laws of the United States for the District of Columbia, abolish
circuit courts 1911, “ district courts of the United States” (municipal
body corporate)
4. 4) Laws of the United States for Executive Orders, and Secretary of
Treasury of Article II Military (ie., Proclamation 2040, 12 USC
95b) 12 USC 95b, "pursuant to the authority conferred by section
95a" (March 9, 1933, ch. 1, title I, §1, 48 Stat. 1.)
My Conclusion -
No Equity within the meaning of Article III is vested in the ‘district courts’
because they are not ‘inferior courts' to the supreme court of the United
States, and the rules they use are not by authority of the supreme court
vested by the Constitution, the authority to make rules for the ’district
courts' are made by authority of Congress Enabling Act giving the supreme
court the Article I authority to make the rules for the new Article II executive
courts.
1) with circuit courts abolished that it’s original Judicial Power within the
meaning of Article III is in Judge’s chambers or ‘circuit justice’ chambers,
must be inferior to the supreme court to be ‘equity’ within the meaning of
Article III, also, further, it must use rules promulgated by the supreme court -
both must be true in order to be ‘equity’ within the meaning of Article II
(that’s without diversity or federal question jurisdiction, must be original
jurisdiction)
or
2) the district courts are vesting only Article I equity and not a shred of
‘equity’ within the meaning of “Article 3”. Ie., equity from admiralty
or bankruptcy, but now under Military doctrine.
Article 2, §2. Federal Constitution which declares that "the judicial power shall
extend to all cases in law and equity arising under this constitution.”

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Montejo v O w en- procedure with defenses purely equitable.
New Cases: Selected Chiefly from D ecisions of the Courts of the Volume 5
By Austin Abbott
M O N TEJO v. OW EN.
U. 8. Circuit Court, Southern District of New York, Book page 109
In the jurisprudence of the United States the distinction between legal and equitable rights
and suits is one of substance as well as of form and procedure.
Mr. Justice DAVIS says, giving the opinion of the court: "The constitution of the United States
and the acts of Congress recognize and establish the distinction between law and equity.”
The remedies in the courts of the United States are, at com mon law or in equity, not
according to the practice of State courts, but according to the principles of common law
and equity as distinguished and defined in that country from which we derive our knowledge
of these principles.
And although the forms of proceedings and practice in the State courts shall have been
adopted in the circuit courts of the United States, yet the adoption of the State practice
must not be understood as confounding the principles of law and equity, nor as authorizing
legal and equitable claim s to be blended together in one suit.”
Chief Justice TANEY said, "The constitution of the United States, in creating and defining
the judicial power of the general government, establishes this distinction between law and
equity; and a party who claim s a legal title must proceed at law, and may undoubtedly
proceed according to the forms of practice in such cases in the State court.
But, if the claim is an equitable one, he must proceed according to the rules which this
court has prescribed regulating proceedings in equity in the courts of the United
States.”
"Wherever a case in equity may arise and be determined under the judicial power of the
United States, the sam e principles of equity must be applied to it, and it is for the courts of
the United States, and for this [supreme] court in the last resort, to decide what those
principles are, and to apply such of them, to each particular case, as they may find justly
applicable thereto”
But this is a mere confusion of names. This so called defense is an affirmative equitable right
to the relief asked. It, under the cases and statutes cited, is to be admitted under the
equitable principles and according to the equitable procedure of the courts of the United
States. In that respect the procedure cannot be conform ed to the State practice without
overthrowing the whole schem e for the administration of equity in the courts of the United
States. The action is at common law, the defense is substantially an action in equity,
and it cannot, because it assum es the guise of an answer or defense under the State law,
escape from the control of the laws of the United States as to the modes of enforcing
equitable rights.

Bates §658 - Distinction between judicial pow er and
iurisdiction Jursd ct o n of th e c o u rts of th e U n te d S ta te s s
* " a u th o r ty v e s te d b y th e c o n s t tu t o n a n d a w s to
e x e r c s e ju d c a p o w e r n o r g n a
§658. Distinction between judicial power and jurisdiction. n e q u ty
There is a clear and radical distinction between judicial power and jurisdiction. Judicial
power is a sovereign power, inherent in all nations, and co-ordinate and co-extensive with
the legislative and executive powers; jurisdiction is the authority vested by law in a
judicial tribunal to exercise judicial power in particular classes of cases. The judicial
power of the United States, is that sovereign power, not inherent in them, but delegated to
them in the federal constitution, by which they are able to hear and determine causes and
render and execute judgments, between parties, in the classes of cases enum erated in
that instrument; and the jurisdiction of the courts of the United States is the authority vested
in them, respectively, by the constitution and laws, to exercise judicial power, original or
appellate, in the classes of cases com m itted to them, each, respectively. The power is a
sovereign power, but the courts are not sovereign; they are merely the agents and organs
of sovereignty, through which the judicial power is exercised. The supreme court w as
created bv and derives its iurisdiction directly from the constitution. The other courts of
the system were established by the congress, pursuant to the constitution, and receive
their jurisdiction mediately from that instrument.
We want jud c a p o w e r-a rt c e lll-s o v e r e g n p o w e r d re c t y fro m c o n s t tu t o n , n ot m e d a te y fro m c o n g re s s p u rs u a n t to th e c o n s t tu t on.
§116. Due process of law defined. The words, "due process of law" are the equivalent of the
words, "the law of the land;” and by "the laws of the land" is meant general and public laws
which operate equally upon all members of the community, affecting the rights of all alike.
“due process of law” in the federal sense, and in the sense in which those words are used in
the fifth amendement to the federal constitution, means that "law of the land" which derives
its authority from the legislative powers conferred upon congress by the constitution of the
United States, exercised within the limits therein prescribed, and interpreted according to the
principles o f the com m o n la w ." The words "due process of law," in judicial proceedings,
mean a course of legal proceedings according to those rules and principles which have been
established in our system of jurisprudence for the protection and enforcement of private
rights. To give such proceedings any validity, there must be a tribunal com petent by its
constitution-that is, by the law of its creation to pass upon the subject m atter of the suit; and,
if that involves merely a determination of the personal liability of the defendant, he must be
brought within the jurisdiction by service of process within the state, or his
voluntary appearance. By "due process of law" is meant one which, follow ing the form s of
law, is appropriate to the case and just to the parties to be affected. It m ust be pursued in the
ordinary mode Prescribed by law; it must be adapted to the end to be attained; and wherever
it is necessary for title protection of the parties; it must give them an opportunity to be heard
respecting the justice of the judgm ent sought. There can be no proceeding against life, liberty
or property which may result in the deprivation of either, w ithout the observance of those
general rules established in our system of jurisprudence fo r the security of private rights.
C v a n D u e P ro c e s s of L aw .

511 CL Bates - jurisdiction must appear upon the face of the
'ecord.
3L BATES ... VOL I ... § 11. *The jurisdiction must appear upon the face of the record.*- The
urisdiction of the circuit court is lim ited, in the sense that it has no jurisdiction other than that
:onferred upon it bv the constitution and laws of the United States: and, as a result of this
imitation upon the jurisdiction, the presumption is that a cause is without its jurisdiction
jnless the contrary affirm atively appears. It has long been settled that the facts upon which
the jurisdiction of the circuit courts rests m ust, in some form , appear upon the face of the
record in all suits prosecuted before the m , and it is error for the court to proceed until its
lurisdiction is shown.
Chief Justice Taney, discussing the necessity of the record showing the jurisdiction, and the
reason of the rule, said: “ But in making this objection, we think the peculiar and
limited jurisdiction of courts of the United States has not been adverted to. This peculiar and
limited jurisdiction has made it necessary, in these courts, to adopt different rules and
principles of pleading, so far as jurisdiction is concerned, from those which regulate courts of
common law in England [exclusive equity?] and in the different states of the Union which
have adopted the common law rules. In these last mentioned courts, where their
character and rank are analogous to that of a circuit court of the United States-in other xhey=state
words, where they are what the law terms 'courts of general jurisdiction.' -they are presumed
to have jurisdiction unless the contrary appears. No averment in the pleadings of the plaintiff
is necessary in order to give jurisdiction. If the defendant objects to it, he must plead
it specially, and, unless the fact on which he relies is found to be true by a jury, or admitted to
be true by the plaintiff, the jurisdiction cannot be disputed in an appellate cou rt.
P la in tiff a l w a y s s e t s ju r is d ic t io n !
Now, it is not necessary to inquire whether in courts of that description a party who pleads
over in bar, when a plea to the jurisdiction has been ruled against him, does or does not
waive his plea; nor whether upon a judgm ent in his favor on the pleas in bar, and a writ of
error brought by the plaintiff, the question upon the plea in abatement would be open for
revision in the ap pellate co u rt. Cases that may have been decided in such courts, or rules
that may have been laid down by com m on-law pleaders, can have no influence in the
decision in this court.
*Because, under the constitution and laws of the United States, the rules which govern the
pleadings in its courts, in questions of jurisdiction, stand on different principles and are
regulated bv different laws. This difference arises, as we have said, from the peculiar
character of the government of the United States.
For although it is sovereign and supreme in its appropriate sphere of action, vet it does not
possess all the powers which usually belong to the sovereignty of a nation. Certain
specified powers, enumerated in the constitution, have been conferred upon it: and neither
the Legislative, executive nor judicial departments of the government can lawfully exercise
any authority beyond the limits marked out bv the constitution.* And in regulating the judicial
department, the cases in which the courts of the United States shall have jurisdiction are
particularly and specifically enumerated and defined; and they are not authorized to take

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§ 658 JU R IS D IC T IO N O F C IR C U IT C O U R T S . 495
the legislative, executive and judicial powers to be co-extensive

with each other, and embraced large classes of cases determi
nable by the character of the parties, not arising under the con
stitution, laws, or treaties of the United States, but arising
under the local laws of the several states, or under the general
principles of the common law, or equity jurisprudence, and in
volving no federal question. Inasmuch as the formation of a
more perfect union, the establishment of justice, and the in
suring of domestic tranquility were among the chief objects of
the constitution, and local jealousies and prejudices w'ere exist
ing evils to be overcome in the attainment of those great ends,
it was provided in that instrument that “ full faith and credit
shall be given in each state to the public acts, records, and judi
cial proceedings of every other state,” 1 and that “ the citizens
of each state shall be entitled to all privileges and immunities
of citizens in the several states,” 8 and the judicial power of
the general government was extended to controversies to which
the United States shall be a party, between two or more states,
between citizens of different states, between citizens of the same
state claiming lands under grants of different states, and be
tween citizens of a state and foreign states, citizens, or sub
jects.® This extension of the judicial power beyond the limits
of the axiom of the old political systems was deemed necessary
for the harmonious operation of the new government to be es
tablished.10
§ 658. Distinction between judicial power and jurisdiction.
There is a clear and radical distinction between judicial power
and jurisdiction. Judicial power is a sovereign power, inherent
in all nations, and co-ordinate and co-extensive with the legis-
actlng only when the subject Is ing co-extenalve with its legisla
subm itted to It by a party who tiv e power, may be ranked among
a B B erts bis right In t h e form p r e the number. The mere n ecessity
scribed by law. It then becom es of uniform ity In the Interpreta
a case, and the constitution de tion of the national law s, decides
clares th at the judicial power the question." No. LXXX.
shall extend to all cases arising 7 U. S. Const, art. IV, sec. 1.
under the constitution, law s and * U. S. Const, art. IV. sec. 2.
treaties of th e U nited S tates.” ®U. S. Const, a r t III, sec. 2;
In th e Federalist It Is said: “If XI art. of A rn d t; F ed eralist Nos.
there are such th in g e as p o litic a l L X X X . L X X X II.
axiom s, the propriety of the Ju io Federalist No. LXXX.
dicial pow er of a governm ent be

https://supreme.iustia.eom/cases/federal/us/337/582/case.html#583
U.S. Supreme Court
National Mut. Ins. Co. v. Tidew ater Transfer Co., Inc., 337 U.S. 582 (1949)
National Mutual Insurance Co. v. Tidew ater Transfer Co., Inc.

No. 29
Argued November 8 , 1948
Decided June 2 0 ,1 9 4 9
337 U.S. 582
CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT
Syllabus
The Act of April 20, 1940, c. 117, 54 Stat. 143 (now 28 U.S.C. § 1332), conferred on
the federal district courts jurisdiction of civil actions (involving no federal
question) between citizens of the District of Colum bia and citizens of a S tate. A
District of Colum bia corporation (National Mutual) instituted in the Federal District Court
for Maryland an action against Virginia corporation (Tidewater) w herein the jurisdiction
depended solely on diversity of citizenship. The District Court held the Act
unconstitutional, and dism issed the com plaint. The Court of Appeals affirmed.
Held: the Act is constitutional, and the judgm ent is reversed. Pp. 337 U. S. 583-585, 337
U. S. 604.
165 F.2d 531 reversed.
A District of Colum bia corporation sued a Virginia corporation in the Federal District
Court for Maryland, the jurisdiction depending solely on diversity of citizenship. The
District Court dism issed the complaint. The Court of Appeals affirm ed. 165 F.2d 531.
This Court granted certiorari. 333 U.S. 860. Reversed, p. 337 U. S. 604.
MR. JUSTICE JACKSON announced the judgm ent of the Court and an opinion in
which MR. JUSTICE BLACK and MR. JUSTICE BURTON join.
This case calls up for review a holding that it is unconstitutional for Congress to open
federal courts in the several states to action by a citizen of the District of Colum bia
against a citizen of one of the states. The petitioner, as plaintiff, com m enced in the
United States District Court for Maryland an action for m oney judgm ent on a claim
arising out of an insurance contract. No cause of action under the laws or Constitution of
the United States was pleaded, jurisdiction being predicated only upon an allegation of
diverse citizenship. The diversity set forth was that plaintiff is a corporation created by
District of Colum bia law, while the defendant is a corporation chartered by Virginia,
amenable to suit in Maryland by virtue of a license to do business there. The learned
District Judge concluded that, while this diversity met jurisdictional requirem ents under
the Act of Congress, [Footnote 1] it did not com ply with diversity requirem ents of the
Constitution as to federal jurisdiction, and so dism issed. [Footnote 2] The Court of
Appeals, by a divided court, affirmed. [Footnote 3] Of tw elve district courts that had

considered the question up to the time review in this Court was sought, all except three
had held the enabling Act unconstitutional, [Footnote 4] and the two Courts of Appeals
which had spoken on the subject agreed with that conclusion. [Footnote 5] The
controversy obviously was an appropriate one for review here, and writ of certiorari
issued in the case. [Footnote 6]
The history of the controversy begins with that of the Republic. In defining the cases and
controversies to which the judicial power of the United States could extend, the
Constitution included those "between citizens of different States." [Footnote 7] In the
Judiciary Act of 1789, Congress created a system of federal courts of first instance and
gave them jurisdiction of suits "between a citizen of the State where the suit is brought
and a citizen of another State." [Footnote 8] In 1804, the Supreme Court, through Chief
Justice Marshall, held that a citizen of the District of Columbia was not a citizen of
a State within the meaning and intendment of this Act. [Footnote 9] This decision
closed federal courts in the states to citizens of the District of Columbia in diversity
cases, and, for 136 years, they remained closed. In 1940, Congress enacted the statute
challenged here [The Act of April 20, 1940, c. 117, 54 Stat. 143 (now 28 U.S.C. § A rtic le 2 courts
1332)). It confers on such courts jurisdiction if the action "is between citizens of different under
e x e c u tiv e orde
States, or citizens of the District of Columbia, the Territory of Hawaii, or Alaska, and any 2040
State or Territory. [Footnote 10]"

The issue here depends upon the validity of this Act, which, in substance, was
[Act of June 25, 1948, C. 646, 62 Stat. 869,
reenacted by a later Congress
Pub.L. 773. 80th Cong., 2d S e s s .][F o o tn o te 11] as part of the Judicial Code.
[Footnote 12]
Before concentrating on detail, it may be well to place the general issue in a larger
perspective. This constitutional issue affects only the mechanics of administering
justice in our federation. It does not involve an extension or a denial of any fundamental
right or immunity which goes to make up our freedoms. Those rights and freedoms do
not include immunity from suit bv a citizen of Columbia or exemption from process
of the federal courts. Defendant concedes that it can presently be sued in some court of
law, if not this one, and it grants that Congress may make it suable at plaintiff's
complaint in some, if not this, federal court. Defendant's contention only amounts to this
-- that it cannot be made to answer this plaintiff in the particular court which
Congress has decided is the just and convenient forum.
The considerations which bid us strictly to apply the Constitution to congressional
enactments which invade fundamental freedoms or which reach for powers that would
substantially disturb the balance between the Union and its component states are not
present here. In mere mechanics of government and administration, we should, so far
as the language of the great Charter fairly will permit, give Congress freedom to adapt
its machinery to the needs of changing times. In no case could the admonition of the
great Chief Justice be more appropriately heeded - " . . . we must never forget, that it is
a constitution we are expounding." [Footnote 13]
Our first inquiry is whether, under the third, or Judiciary, Article of the Constitution,
[Footnote 14] extending the judicial power of the United States to cases or controversies
"between citizens of different States," a citizen of the District of Columbia has the
C o p y C la im e d F e b r u a r y 2 0 20 -255-
standing of a citizen of one of the states of the Union. This is the question which the
opinion of Chief Justice Marshall answered in the negative, by way of dicta if not of
actual decision. Hepburn and Dundas v. Ellzey, 2 Cranch 445. To be sure, nothing was
before that Court except interpretation of a statute [Footnote 15] which conferred
jurisdiction substantially in the words of the Constitution with nothing in the text or
context to show that Congress intended to regard the District as a state. But Marshall
resolved the statutory question by invoking the analogy of the constitutional provisions
of the same tenor, and reasoned that the District was not a state for purposes of the
Constitution, and, hence, was not for purposes of the Act. The opinion sum m arily
disposed of argum ents to the contrary, including the one repeated here, that other
provisions of the Constitution indicate that "the term state is som etim es used in its more
enlarged sense." Here, as there, "on exam ining the passages quoted, they do not prove
what was to be shown by them." 6 U. S. 2 Cranch 445, 6 U. S. 453. Am ong his
contemporaries, at least, Chief Justice Marshall was not generally censured for undue
literalness in interpreting the language of the Constitution to deny federal power and he
wrote from close personal know ledge of the Founders and the foundation of our
constitutional structure. Nor did he underestim ate the equitable claim s which his
decision denied to residents of the District, for he said that "It is true that, as citizens of
the United States and of that particular district which is subject to the jurisdiction of
congress, it is extraordinary that the courts of the United States, which are open to
aliens and to the citizens of every state in the union, should be closed upon them . But
> this is a subject for legislative, not for judicial, consideration. [Footnote 16]"
The latter sentence, to which much im portance is attached, is som ew hat am biguous,
because constitutional am endm ent, as well as statutory revision, is for legislative, not
judicial, consideration. But the opinion as a whole leaves no doubt that the Court did not
then regard the District as a state for diversity purposes.
To now overrule this early decision of the Court on this point, and hold that the District
of Columbia is a state, would, as that opinion pointed out, give to the word "state" a
meaning in the Article which sets up the judicial establishm ent quite different from that
which it carries in those Articles which set up the political departm ents and in other
Articles of the instrument. W hile the word is one which can contain m any meanings,
such inconsistency in a single instrum ent is to be implied only where the context clearly
requires it. There is no evidence that the Founders, pressed by more general and
immediate anxieties, thought of the special problem s of the District of Colum bia in
connection with the judiciary. This is not strange, for the District was then only a
contemplated entity. But, had they thought of it, there is nothing to indicate that it would
have been referred to as a state, and much to indicate that it would have required
special provisions to fit its anom alous relationship into the new judicial system, just as it
did to fit it into the new political system.
In referring to the "States" in the fateful instrum ent which am algam ated them into the
"United States," the Founders obviously were not speaking of states in the abstract.
They referred to those concrete organized societies which were thereby contributing to
the federation by delegating som e part of their sovereign powers, and to those that
should later be organized and admitted to the partnership in the m ethod prescribed.

They obviously did not contem plate unorganized and dependent spaces as states.
The District of Columbia being nonexistent in any form, much less as a state at the time
of the com pact, certainly was not taken into the Union of states by it, nor has it since
been admitted as a new state is required to be admitted.
We therefore decline to overrule the opinion of Chief Justice Marshall, and we
hold that the District of Colum bia is not a state within Article III of the
Constitution. In other words, cases between citizens of the District and those of
the [Union] states were not included in the catalogue of controversies over which
the Congress could give jurisdiction to the federal courts by virtue of Art. III.
This conclusion does not, however, determine that Congress lacks power under other
provisions of the Constitution to enact this legislation. Congress, by the Act in question,
sought not to challenge or disagree with the decision of Chief Justice Marshall that the
District of Colum bia is not a state for such purposes. It was careful to avoid conflict with
that decision by basing the new legislation on powers that had not been relied upon by
the First Congress in passing the Act of 1789 [Judiciary Act],
The Judiciary Committee of the House of Representatives recommended t h g j^ p ^ p ^ o w e r s m ! Not Si
April 20, 1940, as "a reasonable exercise of the constitutional power of Congress to
legislate for the District of Columbia and for the Territories. [Footnote 17]"
This power the Constitution confers in broad terms. By Art. I, Congress is empowered
"to exercise exclusive Legislation in all Cases whatsoever, over such District."
[Footnote 18 U.S.Const. Art. I, § 8 , Cl. 17.] And, of course, it was also
authorized "to make all Laws which shall be necessary and proper for carrying into
Execution" such powers. [Footnote 19 U.S.Const.
Art. I, § 8, cl. 18 .] These provisions were not relevant in Chief Justice Marshall's
interpretation of the Act of 1789, because it did not refer in terms to the District, but only
to states. It is therefore significant that, having decided that District citizens' cases were
not brought within federal jurisdiction by Art. Ill and the statute enacted pursuant to it,
the Chief Justice added, as we have seen, that it was extraordinary that the federal
courts should be closed to the citizens of "that particular district which is subject to the
jurisdiction of C ongress." Such language clearly refers to Congress' Art. I power of
"exclusive Legislation in all Cases whatsoever over such District." And mention of
that power seems particularly significant in the context of Marshall's further statement
that the matter is a subject for "legislative, not for judicial, consideration." Even if it
be considered speculation to say that this was an expression by the Chief Justice that
Congress had the requisite power under Art. I, it would be in the teeth of his language to
say that it is a denial of such power. The Congress had acted on the belief that it
possesses that power. We believe their conclusion is well founded.
It is elem entary that the exclusive responsibility of Congress for the welfare of the
District includes both power and duty to provide its inhabitants and citizens with
The Framers absolutely knew what they were doing when they excluded the seat of government reaching
parity with Union citizens! to avoid TYRANNY!
using the word "discrimination" is a word they hope elicit sympathy by indoctrination.
discrimination, although they may have been guilty of understandable oversight in not
providing explicitly against it. Despite its great age and subsequent acceptance, I think
the Hepburn decision was ill considered and wrongly decided. Nothing hangs on it now
except the continuance or removal of a gross and wholly anomalous inequality applied
against a substantial group of American citizens not in relation to their substantive Sorry Charlie!
rights, but in respect to the forums available for their determination. This Court has
not hesitated to override even longstanding decisions when much more by way of
substantial change was involved and the action taken was much less clearly justified
than in this case, a most pertinent instance being Erie R. Co. v. Tompkins, supra. again,
That course should be followed here. It should be followed directly, not deviously. ignoring
Although I agree with the Court's judgment, I think it overrules the Hepburn decision inChancery
all practical effect. With that I am in accord. But I am not in accord with the proposed
extension of "legislative" jurisdiction under Article I for the first time to the federal district
courts outside the District of Columbia organized pursuant to Article III, and the they are
consequent impairment of the latter Article's limitations upon judicial power, and I wo^^mjngling
dissent from such a holding even more strongly than I would from a decision today Article 3 in one
reaffirming the Hepburn ruling. That extension, in my opinion, would be the most tut) here
important part of today's decision, were it accepted by a majority of the Court. It is a
dangerous doctrine which would return to plague both the district courts and ourselves
in the future, to what extent it is impossible to say. The O'Donoghue and Williams
decisions would then take on an importance they have never before had, and were
never considered likely to attain.
[Footnote 2/1 ]
See notes 3 and 4 and text infra.
[Footnote 2/2]
See text infra and authorities cited at notes 7-9.
[Footnote 2/3]
Barney v. Baltimore, 6 Wall. 280; Hooe v. Jamieson, 166 U. S. 395; Hooe v. Werner,
166 U. S. 399.
[Footnote 2/4]
Hooe v. Jamieson, 166 U. S. 395, 166 U. S. 397; cf. Downes v. Bidwell, 182 U. S. 244,
182 U. S. 270.
[Footnote 2/5]
"Of all the Courts which the United States may, under their general powers, constitute,
one only, the Supreme Court, possesses jurisdictior^lenvecnmrr^^ the
constitution, and of which the legislative power cannot aepn vH 'P1" ...... .
United States v. Hudson, 7 Cranch 32. And see Justice Chase's remarks in Turner v.
Bank of North America, 4 Dali. 8, 4 U. S. 9, n. 1. But cf. 14 U. S. Hunter's Lessee, 1
Wheat. 304, 14 U. S. 328-331. For recent reaffirmation of the prevailing view, see Kline
v. Burke Construction Co., 260 U. S. 226, 260 U. S. 233-234. And see the
comprehensive survey of congressional power over the jurisdiction of federal courts
prepared for the Judiciary Committee of the Flouse of Representatives by MR. JUSTICE
FRANKFURTER before his accession to this bench. FI.R.Rep. No.669, 72d Cong., 1st
Sess. 12-14.
Hnnv n ia im p ri F p h ru a rv 9 0 9 0
other powers of Congress that are no less vital than its power to legislate for the District
of Columbia, the Congress may be greatly in need of informed and disinterested legal
advice. If Congress may grant to the United States District Courts authority to act in
situations in which Article III denies it, why may not this Court respond to calls upon it by
Congress if confronted with the conscientious belief of Congress that such a call is
made under the Necessary and Proper Clause in order to deal wisely and effectively
with some substantive constitutional power of Congress? Again, if the United States
District Courts are not limited to the jurisdiction rigidly defined by Article III, why is the
jurisdiction of this Court restricted to original jurisdiction only in "Cases affecting
Ambassadors, other public Ministers and Consuls, and those in which a State shall be
Party?" W hy is not Congress justified in conferring original jurisdiction upon this Court in
litigation involving the exercise of its power to make all laws which shall be necessary
and proper "for carrying into Execution" its power "To declare War," or "To raise and
support Arm ies"?
Courts set up under Article III to exercise the judicial power of the United States do so
either because of the nature of the subject matter or because of the special position of
the parties. So far as the subject matter is concerned, it extends to cases arising under
the "Constitution, the Laws of the United States, and Treaties," as well as "to all Cases
of admiralty and maritime Jurisdiction." Article I, § 8, is an enumeration of the subjects in
relation to which the Constitution authorizes Congress to make laws. Its eighteen
divisions of legislative power are the sources of federal rights and sanctions. Laws
enacted under them are "the Laws of the United States," to which the "judicial power,"
granted by Article III, extends. Laws affecting revenue, war, commerce, immigration,
naturalization, bankruptcy, and the rest, as well as the vast range of laws authorized by
the "Necessary and Proper" Clause, are the generating sources of "all Cases, in Law
and Equity, arising u n d e r. . . the Laws of the United States," and therefore cognizable
by the courts established under Article III. Congress can authorize the making of
contracts; it can therefore authorize suit thereon in any district court. Congress can
establish post offices; it can therefore authorize suits against the United States for the
negligent killing of a child by a post office truck.
Insofar as the courts established under Article III can entertain a case not involving the
Constitution, the laws of the United States, or treaties, nor concerning admiralty, they do
so because of the status of the parties, enumerated with particularity in Article III.
We are here concerned with the power of the federal courts to adjudicate merely
because of the citizenship of the parties. Power to adjudicate between citizens of
different states, merely because they are citizens of different states, has no relation to
any substantive rights created by Congress. When the sole source of the right to be
enforced is the law of a State, the right to resort to a federal court is restricted to
"citizens of different States." The right to enforce such State-created obligations derives
its sole strength from Article III. No other provision of the Constitution lends support. But
for Article III, the judicial enforcem ent of rights which only a State, not the United States,
creates would be confined to State courts. It is Article III, and nothing outside it, t h a ^ ^ ^
authorizes Congress to treat federal courts as "only another court of the State,"

organized under the aegis o f federal agencies. T ho ug h the ad judicators in s o m e b o d ies b elo n g in g to this
latter group are called ju d g e s, their courts are not co m m o n ly u n d ersto od to fall u n d e r the u m b rella o f the
■judicial branch.” U nlike o ther A rticle 1ju d g e s (including ban kru ptcy , territorial and m ag istrate jud g es),
for example, they are not a dm in istered by the A dm inistrative O ffice o f the U nited States C o u rts or
governed by the Judicial C o n fe re n ce o f the U nited States.
The distinction betw een A rticle I and A rticle III ju d g e s w as often fluid, particularly as the federal
government took on an increasingly broad set o f regulatory responsibilities in the first h a lf o f the
twentieth century. Som e courts, such as the C ou rt o f C laim s and U.S. C o u rt o f C u sto m s and Patent
! Appeals, changed status as a result o f the interplay betw een C o n g re ss and the S u p re m e C o u rt during this
period.1'J In other instances, C o ng ress has changed the ju risd ic tio n o f courts or m o d ified the protections
accorded their ju d g e s to convert legislative courts into constitutional tribunals. T h e U.S. C u sto m s Court,
for example, slow ly evo lved from a prim arily adm inistrative b o dy k n o w n as the B oard o f G eneral
Appraisers to an A rticle III court o v er the course o f sixty-six years.
Federal courts have long dep en ded on bodies “ o u tsid e ” the ju dicial branch for im p o rtan t aspects o f their
work. D epartm ent o f Ju stice attorneys, for e x am ple, are said to be “ officers o f th e c o u rt,” but b elo ng to an
executive agency headed by the A ttorn ey G eneral, w h o serves at the p leasu re o f the p re sid en t o f the
United States. Likew ise, for eighty-five o f the first eighty-six years o f A m erican history, federal courts
did not have jurisdiction o v er cases arising u n d e r federal law and m o st such cases w e re heard by state
courts subject to S u p rem e C o u rt review. D espite A rticle V f s c o m m a n d that “ju d g e s in every state shall
be bound” by federal law, ho w ever, few, if any, nineteenth century scholars or law yers included such
state courts in the federal ju d ic ia l branch by dint o f this w ork, [did they j u s t say that A rticle III ‘c o u ld ’ be
included in state courts by not totally e x clu d in g it?]
[11 See, e.g., Ex parte Bake/ite Corp., 279 U.S. 438 (1929); Glidden v. Zdanok, 3 7 0 U.S. 530 (1962).

Valle t h e R ig h t to T r a c e A u th o r ity is E x e m p lifie d b y V a lle c a s e .
E x t r a p o la t e d : all T e r rito r y & D is tric t o f C o lu m b ia w ith in t h e ‘S t a t e s ’ a r e “m e r g e d ”.
(Slip Opinion) OCTOBER TERM, 2015 1
Syllabus
NOTE: Where it is feasible, a syllabus (headnote) will be released, as is

being done in connection with this case, at the time the opinion is issued.
The syllabus constitutes no part of the opinion of the Court but has been
prepared by the Reporter of Decisions for the convenience of the reader.
See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337.
SUPREME COURT OF THE UNITED STATES
Syllabus
CO M M ONW EALTH O F PU E R TO RICO v. SANCHEZ

VALLE ET AL.
CERTIORARI TO TH E SU PREM E COURT OF PUERTO RICO
No. 15-108. Argued J a n u a ry 13, 2016—Decided Ju n e 9, 2016

R espondents Luis Sanchez Valle and Jaim e Gomez Vazquez each sold a
gun to an undercover police officer. P uerto Rican prosecutors indict
ed them for illegally selling firearm s in violation of th e P uerto Rico
A rm s Act of 2000. W hile those charges were pending, federal grand
ju ries also indicted them , based on the sam e transactions, for viola
tions of analogous U. S. gun trafficking statu tes. Both defendants
pleaded guilty to the federal charges and moved to dism iss th e pend
ing Com m onw ealth charges on double jeopardy grounds. The tria l
court in each case dism issed th e charges, rejecting prosecutors’ a r
gum ents th a t P uerto Rico and th e U nited S tates are sep arate sover
eigns for double jeopardy purposes and so could bring successive
prosecutions ag ain st each defendant. The P uerto Rico C ourt of Ap
peals consolidated th e cases and reversed. The Suprem e C ourt of
P uerto Rico granted review and held, in line w ith the tria l court, th a t
P uerto Rico’s gun sale prosecutions violated th e Double Jeopardy
Clause.
H eld : The Double Jeopardy C lause b ars Puerto Rico and the U nited
S ta te s from successively prosecuting a single person for th e sam e
conduct u n d er equivalent crim inal laws. Pp. 5-18.
(a) O rdinarily, a person cannot be prosecuted twice for the s
fense. B ut u n d er th e dual-sovereignty doctrine, th e Double Jeopardy
C lause does not b a r successive prosecutions if they are brought by
sep a ra te sovereigns. See, e.g., United States v. Lanza, 260 U. S. 377,
382. Yet “sovereignty” in th is context does not b ear its ordinary
m eaning. This C ourt does not exam ine th e ex ten t of control th a t one
prosecuting en tity wields over th e other, th e degree to which an e n ti
ty exercises self-governance, or a governm ent’s more p a rticu lar abil-
Copy Claimed Fefcjfdd'ty 2020^ and enforce its own crim inal laws. R ather, the test hinges
2 P U ER TO R IC O v. SA N C H EZ V A L L E
Syllabus
on a single criterion: the “ultim ate source” of the power u ndergird-
ing the respective prosecutions. United States v. Wheeler\ 435 U. S.
313, 320. If two entities derive their power to punish from independ
ent sources, then they may bring successive prosecutions. Converse
ly, if those entities draw their power from the same ultim ate source,
then they may not.
Under th a t approach, the States are separate sovereigns from the
Federal Government and from one another. Because States rely on
“authority originally belonging to them before admission to the Union
and preserved to them by the Tenth Amendment,” state prosecutions
have their roots in an “inherent sovereignty” [unconnected.'to the U. S.
'Congress. Heath v. Alabama, 4 74 U. S. 82, 89. For similar reasons,
Indian tribes also count as separate sovereigns. A tribe’s power to
punish pre-existed the Union, and so a tribal prosecution, like a
S tate’s, is “attrib u table in no way to any delegation . . . of federal a u derivative power of the
thority.” Wheeler, 435 U. S., at 328. Conversely, a municipality can District of Columbia.
not count as a sovereign distinct from a State, because it receives its
power, in the first instance, from the State. See, e.g., Waller v. Flori
da, 397 U. S. 387, 395. And most pertinent here, this Court conclud
ed in the early 20th century that U. S. territories- including an e a r
lier incarnation of Puerto Rico itself—-are not sovereigns distinct from
this defines who |h e United States. Grafton v. United States, 206 U. S. 333 . The
t h e U .S . is . Court reasoned th a t “the territorial and federal laws [were] creations
em anating from the same sovereignty,” Puerto Rico v. S h ell Co. (P.
R.), Ltd., 302 U. S. 253, 264, and so federal and territorial prosecu- Federal =
tors do not derive their powers from independent sources of authori- Territorial
t y . Pp. 5— 11.
(b) The Grafton and Shell Co. decisions, in and of themselves, do
not control here. In the mid-20th century, Puerto Rico became a new
kind of political entity, still closely associated with the United S tates
but governed in accordance with, and exercising self-rule through, a
popularly-ratified constitution. The magnitude of th a t change re
quires consideration of the dual-sovereignty question anew. Yet the
result reached, given the historical test applied, ends up th e same.
Going back as far as the doctrine demands—to the “ultim ate source”
[Post E B R A 1 9 3 3 m i l i t a r y of Puerto Rico’s prosecutorial power—reveals, once again, th e U. S.
authority b y e x e c u t iv e Congress. Wheeler, 435 U. S., a t 320. Pp. 12-18.
1order 12 U S C 9 5 b . (1) In 1950, Co enacted Public Law 600 which authorized
the people of Puerto Rico to organize a government p u rsu an t to a O rtiz!
constitution of their own adoption. The Puerto Rican people capital
ized on th a t opportunity, calling a constitutional convention and
overwhelmingly approving the charter it drafted. Once Congress ap
proved th a t proposal—subject to several im portant conditions accept-
C o p y C la im e d F e b ru a ry : s b iO 1 the convention—the Commonwealth of Puerto Rico, a new po- -262-
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8 P U E R T O RICO v. S A N C H E Z V ALLE
O pinion of th e C ourt
m ay n o t.3 ______
U n d er th a t ap p ro ach , th e S ta te s a re s e p a ra te sovereigns
from th e F e d e ra l G o v ern m en t (and from one an o th er). See
Abbate v. United States, 359 U. S. 187, 195 (1959); Bartkus
v. Illinois, 359 U. S. 121, 1 3 2 -1 3 7 (1959); Heath, 474 U. S.,
a t 88. T he S ta te s ’ “pow ers to u n d e rta k e c rim in al p ro secu
They are recognizing inherited
tio n s,” we h av e ex p lain ed , do n o t “deriv e [] . . . from th e
rights, but for States.
F ed eral G o v ern m en t.” Id., a t 89. In s te a d , th e S ta te s;re ly
on “a u th o rity orig in ally belo n g in g to th e m before a d m is
sion to th e fUnion a n d p rese rv e d to th e m by th e T e n th
A m en d m en t.” Ibid.; see U. S. C onst., A rndt. 10 (“T he
pow ers not d eleg ated to th e U n ite d S ta te s by th e C o n s titu
tion . . . a re rese rv e d to th e S ta te s]’); Blatchford v. Native
Village of Noatak, 501 U. S. 775, 779 (1991) (n o tin g th a t
th e S ta te s “e n te re d th e [Union] w ith th e ir so v ereig n ty
in ta c t”). S aid o th erw ise: P rio r to fo rm in g th e U nion, th e
S ta te s p o ssessed “s e p a ra te a n d in d e p e n d e n t so u rces of
pow er an d a u th o rity ,” w hich th e y co n tin u e to d raw u p o n
in e n a c ting a n d enforcing crim in a l law s. Heath, 474 U. S.,
a t 89. S ta te p ro secu tio n s th e re fo re h av e th e ir m o st a n
cient roots in a n “in h e re n t so v ereig n ty ” u n co n n ected to,
and indeed p re -existing, th e U. S. C ongress. Ibidd
3The C ourt h a s never explained its reaso n s for adopting th is h isto ri
cal approach to th e dual-sovereignty doctrine. It m ay a p p e a r co u n ter
intuitive, even legalistic, as com pared to an in q u iry focused on a gov
ern m en tal e n tity ’s functional autonom y. B ut th a t a lte rn a tiv e would
raise serious problem s of application. It would req u ire deciding exactly
how m uch autonom y is sufficient for sep a ra te sovereignty and w h e th er
a given e n tity ’s exercise of self-rule exceeds th a t level. The re su lts, we
suspect, would often be u n c ertain , introducin g e rro r an d inconsistency
into our double jeopardy law. By contrast, as we go on to show, th e
C ourt h as easily applied th e “u ltim a te source” te s t to classify broad
classes of governm ents as e ith e r sovereign or no t for purposes of b a r
ring re tria ls. See infra, a t 8—11.
4L iteralists m ight object th a t only th e original 13 States can claim
such an indep en d en t source of auth o rity ; for th e o th e r 37, C ongress
played some role in estab lish in g th em as te rrito rie s, a u th o rizin g or
^ ^ r ° b V a fn e ^ e b m a rt ^yll)0nS’ ° r ê a s t) a d m ittin g th em to th e -264-
Cite as: 579 U. S. (2016) 9
O pinion of th e C o u rt
F or s im ila r re a s o n s , I n d ia n tr ib e s also c o u n t a s s e p a r a te
so v ereig n s u n d e r th e D o u b le J e o p a r d y C la u se . O rig in a lly ,
th is C o u rt h a s n o te d , “th e tr ib e s w e re se lf-g o v e rn in g so v Note to self - when you do;
e reig n p o litic a l c o m m u n itie s ,” p o s s e s s in g (am o n g o th e r pleading or trust, make suri
cap acities) th e “in h e r e n t p o w e r to p re s c rib e la w s for th e ir you state that your authoriti
to do such a thing is inherit
m e m b ers a n d to p u n is h in fra c tio n s of th o s e la w s .”
power.
Wheeler, 435 U . S., a t 3 2 2 -3 2 3 . A fte r th e fo rm a tio n of th e
U n ite d S ta te s , th e tr ib e s b e c a m e “d o m e stic d e p e n d e n t
n a tio n s,” su b je ct to p le n a ry co n tro l by C o n g ress— so h a rd ly
“so v e re ig n ” in one co m m o n se n se . United States v.
Lara, 541 U. S. 193, 204 (2004) (q u o tin g Cherokee N ation
v. Georgia, 5 P e t. 1, 17 (1831)); see S a n ta Clara Pueblo v.
Martinez, 436 U. S. 49, 56 (1978) (“C o n g ress h a s p le n a ry 2
c
Cv
U nion. Sec U. S. C onst., A rt. IV, §3, cl. 1 (“New S ta te s m ay be a d m it

ted by th e C ongress in to th is |_Jnion”). A nd indeed, th a t is th e ta c k th e
d issen t ta k e s. See po st, a t 3—4 (claim ing t h a t for t h is r e a son th e y.
F ed eral G o v e rn m e n t is “th e ‘so u rce’ of [la te r-a d m itte d ] S ta te s ’ le g isla r .:
tive pow ers”). B u t th is C o u rt long ago m ad e c lea r t h a t a new S ta te , a

a:
a,
upon e n try , n e c e ssa rily becom es v e ste d w ith a ll th e legal c h a ra c te ris
tics a n d c ap a b ilitie s of th e firs t 13. See C o y /el^^S b u i/i, 221 U. S. 559,
566 (1911) (noting t h a t th e very m e a n in g of “ ‘a S ta te ’ is found in th e
pow ers p o ssessed by th e o rig in a l S ta te s w hich a d o p ted th e C o n s titu
tio n ”). T h a t p rin cip le of “e q u a l footing,” we h av e held, is e ss e n tia l to
e n su re t h a t th e n a tio n re m a in s “a u n io n of S ta te s [ alike] in pow er,
d ignity an d a u th o rity , each c o m p eten t to e x e rt th a t re s id u u m of sover-
eignty n o t d eleg ated to th e U n ite d S ta te s .” Id., a t 567; see N o rth w e st
A u s tin M u n ic ip a l Util. D ist. No. One v. H older, 557 U. S. 193, 203
(2009) (refe rrin g to th e “fu n d a m e n ta l p rin cip le of e q u al so v ereig n ty ” the wellspring is not congres
am ong th e S ta te s). T h u s, each la te r-a d m itte d S ta te exercises its
au th o i'ity to e n a c t a n d enforce c rim in a l law s by v irtu e n o t of c o n g res
sional grace, b u t of th e in d e p e n d e n t pow ers | h a t its e a rlie s t c o u n te r
p a rts b o th b ro u g h t to th e U n io n a n d chose to m a in ta in . See Coyle, 221
U. S.. at 573 (“[W ]hen a n ew S ta te is a d m itte d in to th e U nion, it is so
a d m itte d w ith all th e |p o w e r s of so v ereig n ty a n d ju risd ic tio n w hich they are distinguishing betwe
p e rta in to th e o rig in a l S ta te s ”). T h e d is s e n t’s c o n tra ry view —th a t, say, source of power from "federal
T ex as’s or C alifo rn ia ’s pow ers (in clu d in g th e pow er to m ak e a n d enforce
government" versus
crim in al law ) d erive from th e F e d e ra l G o v ern m en t— c o n tra d ic ts th e
m ost p re m ise s of o u r c o n stitu tio n a l order, "congress". -265-
in d eed th e v ery b edrock of o u r U nion.
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Cite as: 579 U. S . (2016) 17
Opinion of the Court
C onstitution—prim
-E e exam ples of w hat Felix F ran k fu rter
once term ed “inventive statesm anship respecting the
island. M em orandum for the Secretary of War, in H ear
ings on S. 4604 before the Senate Committee on Pacific
Islands and Porto Rico, 63d Cong., 2d Sess., 22 (19 1 4 )êe
Reply Brief 18-20. B ut one power Congress does not have,
ju st in the n atu re of things: It has no capacity, no magic
w and or airbrush, to erase or otherwise rew rite its own
foundational role in conferring political authority. Or
otherwise said, the delegator cannot m ake itself any less
so—no m atter how much authority it opts to hand over.
And our dual-sovereignty te st m akes this historical fact
dispositive: If an entity’s authority to enact and enforce
crim inal law ultim ately comes from Congress, then it
cannot follow a federal prosecution w ith its own. T hat is
true of Puerto Rico, because Congress authorized and
approved its Constitution, from which prosecutorial power
now flows. So the Double Jeopardy Clause bars both
Puerto Rico and the U nited States from prosecuting a
single person for the sam e conduct under equivalent crim
inal laws.
Ill
Puerto Rico boasts “a relationship to the U nited States
th a t has no parallel in our history.” Exam ining Bd., 426
U. S., at 596. And since the events of the early 1950’s, an
integral aspect of th a t association has been the Common
w ealth’s wide-ranging self-rule, exercised under its own
Constitution. As a resu lt of th a t charter, Puerto Rico
today can avail itself of a wide variety of futures. But for
purposes of the Double Jeopardy Clause, the future is not
w hat m atters—and there is no getting away from the past.
Because the ultim ate source of Puerto Rico’s prosecutorial
ower is the Federal Governm ent—because when we trace
£th a t authority all the way back, we arrive a t the doorstep
of th ^ o ^ ( § a i ^ l i ^ W ^ o Commonwealtl:1 and the U n ited267_
the Right to Trace Authority is Exemplified by Valle case.
Ortiz 2018 C ite as: 585 U. S . (2018) 3
S y llab u s
c o n stitu tio n a l fo u n d atio n of c o u rts-m a rtia l is no t in th e le a st in se

cure. See D ynes v. Hoover, 20 How. 65, 79. T he c o u rt-m a rtia l is older
th a n th e C o n stitu tio n , w as recognized a n d san ctio n ed by th e F r a m
ers, an d h a s been a u th o riz ed h e re since th e first C ongress. T h ro u g h
o u t th a t h isto ry , c o u rts-m a rtia l h av e o p e ra ted as in s tru m e n ts of m ili
ta ry justice, n o t m ere m ilita ry com m and. T hey a re bound, like any
court, by th e fu n d a m e n ta l p rin cip les of law an d th e d u ty to a d ju d i
cate cases w ith o u t p a rtia lity .
B am zai a rg u e s th a t th e C o u rt lacks ju risd ic tio n b ecau se th e CAAF Roman
is n o t a n A rticle III court, b u t is in ste a d in th e E xecutive B ranch.
Praetor
Jesuit 101
T his C o u rt’s a p p e lla te ju risd ic tio n , how ever, covers m ore th a n t he de
cisions of A rticle III courts. T h is C o u rt can review proceedings of
s ta te courts. See M a rtin v. H u n te r ’s Lessee, 1 W h eat. 304. I t can also
review c e rta in non-A rticle III ju d ic ia l sy stem s c re a te d by Congress,
in p a rtic u la r, th e C ourt h a s u p h eld its exercise of a p p e lla te ju risd ic
tio n over decisions of non-A rticle III te rrito ria l co u rts, see United
S ta te s v. Coe, 155 U. S. 76, a n d it h a s u n c o n tro v e rsia lly exercised ap
p e lla te ju risd ic tio n over non-A rticle III D istric t of C olum bia courts,
see P alm ore v. U nited S ta tes, 411 U. S. 389. T h e non-A rticle III
c o u rt-m a rtia l sy stem s ta n d s on m uch th e sam e footing a s te rrito ria l
a n d D. C. courts. All th re e re s t on an ex p an siv e c o n stitu tio n a l dele
gation, h av e deep h isto rical roots, an d p erform a n in h e re n tly judicial
role. T hus, in Palm ore, th is C o u rt view ed th e m ilitary , te rrito ries,
a n d D istric t as “specialized a re a s h a v in g p a rtic u la riz e d n eed s” in
w hich A rticle III “give[s] w ay to accom m odate p le n a ry g ra n ts of pow
e r to C ongress.” Id., a t 408.
B am zai does n o t provide a su fficien t re a so n to divorce m ilitary
co u rts from te rrito ria l an d D. C. co u rts w h en it com es to defin in g th is
C o u rt’s a p p e lla te ju risd ic tio n . H e firs t relies on th e fact th a t te rrito
ria l a n d D. C. co u rts exercise pow er over d iscrete g eographic areas,
w hile m ilita ry co u rts do not. B u t th is d istin c tio n does n o t m a tte r to
th e ju risd ic tio n a l inquiry. H is second a rg u m e n t focuses on th e fact
th a t th e CAAF is in th e E xecutive B ran ch . In h is view, tw o of th e
C o u rt’s p re c ed e n ts—E x p a rte V a lla n d ig lia m , 1 W all. 243, a n d M ar-
bury, 1 C ranch 137— show t h a t th e C o u rt m ay n e v er accep t a p p ellate
ju risd ic tio n from an y p erso n or body w ith in t h a t b ra n c h . As to Val-
la n d ig h a m , t h a t case goes to show only th a t n o t every m ilita ry trib u
n a l is alike. U n lik e th e m ilita ry com m ission in V a lla n d ig lia m , w hich
lacked “ju d icial c h a ra c te r,” 1 W all., a t 253, th e CAAF is a p e rm a n e n t
c o u rt of record e sta b lish e d by C ongress, an d its decisions a re final
u n le ss th e C o u rt review s a n d re v e rse s th em . A s to M a rb u ry, J a m e s
M adison’s fa ilu re to tra n s m it W illiam M a rb u ry ’s com m ission w as no t
Copy
a c o u rt- H ere, by c o n tra st, th re e c o n s titu tio n a l
-268-
ly r o o te d c o u i^ r e n a e r e d in h e re n tly ju d ic ia l decisions. Pp. 5 -1 9 .
Cite as: 585 U. S . (2018) 15
S C O T U S h a s n o t y e t r e fe r e n c e d th e fa c t th a t it h a s “d ire c t g ra n t o f p o w e r ” v e rs u s
c o n g r e s s h a v in g in d ire c t. Q p in io n o f ^ C o u rt
411 U. S., a t 408. A nd in Northern Pipeline, th e p lu rality

said of all th re e th a t “a co n stitu tio n al gr a n t of pow er [as]
h isto ric ally u n d ersto o d ” h as bestow ed ‘[exceptional pow
ers” on C ongress to create courts outside A rticle III. 458
U. S., a t 66, 70.7 G iven those w ell-understood connections,
we w ould need a pow erful reaso n to divorce m ilitary
courts from te rrito ria l an d D. C. courts w hen it comes to
defining our ap p ellate jurisdiction. N o w th e J e s u its re g re t m in g lin g th e m .
A nd B am zai fails to deliver one. H is in itia l a tte m p t
relies on a sim ple fact about te rrito ria l an d D. C. courts:
They exercise pow er over “discrete geographic a re a s.”
B rief for B am zai 23. M ilitary courts do not; th ey in stead
exercise pow er over discrete in d iv id u als— i.e., m em bers of
th e arm ed forces. So B am zai gives us a distinction: places
vs. people. W h at he does not offer is a good reason why
th a t distinction should m a tte r in our ju risd ictio n al in
quiry—w hy it is one of substance, ra th e r th a n conven-
7In addition, several Justices in separate opinions have made the

sam e linkage. See, e.g., Wellness I n t’l Network, Ltd. v. Sharif, 575 U. S.
, ___ (2015) (ROBERTS, C. J., dissenting) (slip op., a t 3) (noting th a t
“narrow exceptions perm it Congress to establish non-Article III courts
to exercise general jurisdiction in th e territo ries and th e | t r e e listed
Columbia [and] to serve as m ilitary trib u n als’’); id., at as mer9e
(T H O MAS, J., d issenting) (slip op., a t 7-8) (referring to te rrito rial courts
and courts-m artial as “unique historical exceptions” to Article III);
Stern v. M arshall, 564 U. S. 462, 504-505 (2011) (Scalia, J., concurring)
(noting the “firm ly established historical practice” of exem pting te rrito
rial courts and courts-m artial from Article I l l ’s demands).
The dissent m ust dism iss all th is authority, from Justices both
functionalist and form alist., to aver th a t “It is only w hen Congress
legislates for the Territories and the D istrict th a t it m aA law fully ves t
I
judicial power in trib u n als th a t do not conform to Article III ’ Post, at
16; see post, a t 14-16. Not so, we have made clear, because (once
again) of an exceptional g ran t of power to Congress, an ei drenched
historical practice, and (for some more functionalist judges) p irticular-
ized needs. The resu lt is “th a t Congress has the power [apart from
Article III] to provide for the adjudication of disputes among t le Armed
Forces,” ju s t as in the territories and the D istrict. Wellness, >75 U. S.,
at (THOMAS, J., dissenting) (slip op., a t 8).
y
i to ld y o u so !!!!! th e r e a r e tw o “c o n g r e s s e s ” d e fin e d 1 ) w ith in th e m e a n in g o f A rtic le III
a n d “c o n fo r m s ” to A rtic le III, a n d , 2 ) w ith in th e m e a n in g o f a rtic le I th a t ‘d o e s n o t c o n fo r m ’.
i w ill p u t it a d iffe re n t w a y : ‘th o s e la w s o f c o n g r e s s o n ly a p p ly to y o u w h e n y o u r s ta tu s is

w ith o u t A rtic le I I I ’’w a iv e r a n d c o n s e n t” to n o n -a r tic le III la w s o f c o n g r e s s m a k e y o u a
d iffe re n t s ta tu s . P e r io d . 1 0 0 % C o n s titu tio n a l!
A p riv a te c itiz e n s h o u ld b e in c re d ib ly c o n s c ie n tio u s o n h o w th o s e th r e e c a te g o r ie s a re

g r o u p e d s o c lo s e ly to g e th e r u n d e r A rtic le I a u th o rity : “a rm e d fo r c e s , te rrito rie s , d is tric t”.
boom ! N O W Y O U K N O W W H Y I W R O T E T H A T “W A R R A N T F O R J U R I S D I C T I O N ” I
Cite as: 585 U. S . (2018) 3
THOMAS, J., c o n c u rrin g
trib u n al.” M artin v. H un ter’s Lessee, 1 W heat. 304, 338

(1816). H am ilton m ade the sam e point years earlier: “The
C onstitution in direct term s gives an appellate jurisdiction
to the Suprem e Court in all the enum erated cases . . . ,
w ithout a single expression to confine its operation to the
inferior federal courts. The objects of appeal, not the
tribunals from which it is to be made, are alone contem
plated.” The F ederalist No. 82, pp. 493-494 (C. R ossiter
ed. 1961); see also id., No. 81, a t 489 (A. H am ilton) (reject
ing a “technical in terp retatio n ” of the word “appellate” and
defining it to m ean “nothing more th a n the power of one
tribunal to review the proceedings of an o th er”). This
Court has relied on the lack of tribunal-specific lim its in
Article III to exercise appellate jurisdiction over several
types of non-Article III courts, including sta te courts, see
Martin, supra, a t 338, and territo rial courts, see United
States v. Coe, 155 U. S. 76, 85-86 (1894); Wellness I n t’l
Network, Ltd. v. Sharif, 575 U. S. - n. 2 (2015)
(THOMAS, J., dissenting) (slip op., a t 7-8, n. 2) (discussing
American Ins. Co. v. 356 Bales of Cotton, 1 Pet. 511, 546
(1828)). In short, th is C ourt’s appellate jurisdiction re
quires the exercise of a judicial power, not necessarily
u[t]he judicial Power of the U nited S tates” th a t A rticle III
vests exclusively in the federal courts, §1 (em phasis
added). _______________
The Founders’ u n d erstan d in g of judicial power was Chancery
Practice!!
heavily influenced by the well-known distinction betw een
public and private rights. See Spokeo, Inc. v. Robins, 578
U. S. ___, - (2016) (THOM AS, J., concurring) (slip
op., at 1- 2 ); Wellness, supra, a t - (opinion of
THOM AS, J.) (slip op., at 6-11); Nelson, A djudication in the
Political Branches, 107 Colum. L. Rev. 559, 565 (2007)
(Nelson). Public rights “‘belon[g] to the people a t large,”’
while private rights belong to “‘each individual.’” Well
ness, 575 U . S.,_at __ (opinion of THOM AS, J.) (slip op.,
at 9)Cof¥lieaiHfreFe bclfar^sic private rig h ts—life, liberty, and -270-
4 ORTIZ v. UNITED STATES
THOMAS, J ., c o n c u rrin g
property—are ‘“u n alien ab le”’ and “‘absolute,’” as they are

“not dependent upon th e will of th e governm ent.” Ibid.
The F ounders linked th e disposition of private rig h ts wi th
~“* lh e exercise of judicial power. See id., a t (slip op., at
10 ). They considered “th e power to act conclusively
ag ain st [private] rig h ts [as] th e core of th e judicial power.” *
Ibid. [here is the procedure!]
A disposition of private rig h ts did not am ount to an
exercise of judicial power, however, unless it also satisfied
“some basic procedural requirem ents.” Nelson 574. Stated
differently, the disposition had to “assum e such a form
th a t th e judicial power is capable of acting on it.” Osborn
v. B a n k of United States, 9 W heat. 738, 819 (1824).
“[T]hat form generally required th e presence (actual or
constructive) of adverse p arties who had been given some
opportunity to be h ea rd before th e court rendered a final
ju dgm ent th a t bound th em .” Nelson 574. Once a dispute
took th is form, judicial power is exercised by “‘d eter
m in in g ] all differences according to th e established law .’”
Wellness, s upra, a t (opinion of THOM AS, J.) (slip op., at
6 ) (quoting J. Locke, Second T reatise of Civil G overnm ent
§125, p. 63 (J. Gough ed. 1947)).
II
A
So understood, the CAAF exercises a judicial power. As
I explained in Wellness, m ilitary courts adjudicate core
p riv ate rig h ts to life, liberty, and property. See 575 U. S.,
at - (dissenting opinion) (slip op., a t 6-7). T hat
th ese courts adjudicate core private rig h ts does not con
tra d ic t th e V esting Clause of A rticle III, which perm its
only federal courts to exercise “th e judicial Power of the
U nited S tates.” Like other provisions of th e Constitution,
th is language m ust be read ag ain st “commonly accepted
b a c ^ g j ^ g j ^ ^ ^ ^ ^ ^ j j n g s and in terp retativ e principle^.,,
in place w hen the C onstitution was w ritten ,” including the
Cite as: 585 U. S . (2018) 5
THOMAS, J., c o n c u rrin g
principle th a t general constitutional rules could apply

“differently to civil th a n to m ilitary en tities.” M ascott,
Who Are “Officers of the U nited S tates”? 70 Stan. L. Rev.
443, 480-483 (2018) (citing Nelson 576); see also Northern
Pipeline Constr. Co. v. M arathon Pipe Line Co., 458 U. S.
50, 64 (1982) (plurality opinion) (explaining th a t in te r
preting Article III to exclude m ilitary courts “simply
acknowledge[s] th a t the literal command of Art. I ll . . .
m ust be in terp reted in light of . . . historical context . . .
and of the stru ctu ral im peratives of the C onstitution as a
whole”). Based on the “constellation of constitutional
provisions th a t [indicate] Congress has the power to pro
vide for the adjudication of disputes among the Armed
Forces it creates,” our precedents have long construed the
Vesting Clause of Article III to extend “only to civilian
judicial power.” Wellness, 575 U. S., a t ___ (opinion of
THOM AS, J.) (slip op., a t 8) (citing Dynes v. Hoover, 2 0
How. 6 5 , 7 8 —7 9 (1 8 5 8 )). In other words, th e powers th a t
the C onstitution gives Congress over th e m ilitary are “so
exceptional” th a t they are thought to include th e power to
create courts th a t can exercise a judicial power outside the
confines of Article III. Northern Pipeline, supra, at 64.
Thus, m ilitary courts are b etter thought of as an “excep
tion” or “carve-out” from the V esting Clause of Article III,
ra th e r th a n an entity th a t does not im plicate the Vesting
Clause because it does not exercise judicial power in the
first place. See Wellness, supra, a t — (opinion of
T h o m a s , J.) (slip op., at 6 - 8 ) .
No p arty in this case challenges the legitim acy of the
historical exception for m ilitary courts. And for good
reason: “At the tim e of the Fram ing, . . . it w as already
common for nations to organize m ilitary trib u n als th at
stood a p a rt from the ordinary civilian courts, and the
U nited S tates itself had done so.” Nelson 576. As the
Courfc® liJi§im p f f l ^ » 28ourts pred ate th e C o n s titu ti^ .
were well-known to the Founders, were authorized by the
6 ORTIZ v. U N IT E D STA TES
THOMAS, J ., c o n c u r r in g
F irst C ongress, a n d a re ex p ressly co n tem p lated by th e

Fifth A m endm ent. A nte, a t 9. T he crucial p o in t for p re
sent purposes, how ever, is th a t m ilita ry co u rts a re consid
ered exem pt from th e s tr u c tu r a l re q u ire m e n ts of A rticle
III “because of o th e r provisions of th e C o n stitu tio n , not
because of th e d efin itio n of ju d icial pow er.” W ellness, 575
U . S ., a t ( o p i n i o n o f T H O M A S , J.) ( s l i p o p . , a t 8 ) ( c i t i n g
Nelson 576). T hey p lain ly fall w ith in th a t definition.

M ilitary co u rts “h av e long b een u n d e rsto o d to exercise
judicial’ pow er” b ecau se th e y “act upon core p riv a te rig h ts
to person an d p ro p e rty .” Id., a t 576. “[C jlothed w ith
judicial pow ers,” th e se co u rts decide “q u estio n s of th e m ost
m om entous description, affecting . . . even life itself.” W.
De H a rt, O bservations on M ilita ry Law 14 (1859); see also
11 Op. A tty. Gen. 19, 21 (1864) (explaining th a t m ilita ry
courts a re “ju d icial” b ecau se th e y “p a ss u p o n th e m ost
sacred q u estio n s of h u m a n rig h ts . . . w hich, in th e very
n a tu re of th in g s, . . . m u st be ad ju dg ed according to law').
H ere, for exam ple, th e CAAF a d ju d ic a te d th e leg ality of
p e titio n e r’s ch ild -p o rn o g rap h y convictions a n d h is se n
tence of tw o y e a rs co n fin em en t— a classic d ep riv a tio n of
liberty, see Obergefell v. H odges, 576 U. S. ___ , -
(2015) ( T H O M A S , J., d issen tin g ) (slip op., a t 4-6). “The
p assin g of ju d g m e n t on th e life a n d lib e rty of th o se con
victed by th e g o v ern m en t in a m ilita ry tr ia l su rely falls
w ith in th e ju d icial pow er.” W illis, The C o n stitu tio n , th e
U n ited S ta te s C o u rt of M ilitary A ppeals a n d th e F u tu re ,
57 Mil. L. Rev. 27, 84 (1972). T his C o u rt h a s acknow l-
edged th a t m ilita ry co u rts a d ju d ic ate core p riv a te rig h ts,
as it h a s r e p e a t e d l y h e l d t h a t t h e p r o s e c u t i o n o f non- Jjlfestofis
s e r v ic e m e m b e r s in th e s e c o u r ts w o u ld v io la te A r tic le III. that since they
----------------- — ------ r— merged all three
S e e N orthern Pipeline, supra, a t 66, n . 17 ( p l u r a lity o p m - of the jurisdictions
i o n ) ; e.<gbpyl£mti&d mztrel. Toth v . Quarles, 3 5 0 U. S. Joirreôt
11 ( 1 9 5 5 ) (fo r m e r s e r v ic e m e m b e r s ); R e id v . Covert, 3 5 4
1947 ‘fake’ LAW
THE CODE OF LAWS OF THE UNITED STATES
OF AMERICA
TITLE 1—GENERAL PROVISIONS

T h is t i t le w a s e n a c te d b y a c t J u ly 30, 1947, c h . 388, § 1 , 61 S ta t. 633
C hap. Sec. T a b l e S h o w in g D i s p o s i t i o n o f A l l S e c t i o n s o f
1. R u les o f c o n str u c tio n ............................ 1 F o r m e r T i t l e 1—C o n tin u ed
2. A cts and reso lu tio n s; fo r m a litie s o f
en a ctm en t; rep ea ls; s e a lin g o f in T itle 1 T itle 1
F o rm er R e v is e d S t a t u t e s
N ew
str u m e n ts ................................................ 101 S e c tio n s
S ta tu te s a t L a rg e
S e c tio n s
3. C ode o f L aw s o f U n ite d S ta te s an d
S u p p lem en ts; D istr ic t o f C olu m 30a ........... R .S ., §908 ...................................................... 113
31 ............. R .S ., §6 ........................................................... 114
b ia C ode a n d S u p p le m e n ts ............ 201 51a .......... M a r. 2, 1929, ch. 586, §1, 45 S t a t . 1540 ............. 201
52 ............. M ay 29, 1928, oh. 910, §2, 45 S t a t . 1007 ........... 202
P o s it iv e L a w ; C it a t io n
M ar. 2, 1929, ch. 586, §2, 45 S t a t . 1541.
T his t it le h as been m ade p o sitiv e law by se c tio n 1 of 53 ............. M ay 29, 1928, oh. 910, §3, 45 S t a t . 1007 ........... 203
a c t J u ly 30, 1947, ch. 388, 61 S ta t. 633, w hich provided in 54 ............. M ay 29, 1928, ch. 910, §4, 45 S t a t . 1007 ........... 204
p a r t th a t: “ T itle 1 of th e U nited S ta te s Code e n title d M ar. 2, 1929, oh. 586, §3, 45 S t a t . 1541.
‘G eneral P ro v isio n s’, is codified and e n a c te d in to p o si 54a .......... M ar. 2, 1929, oh. 586, §4, 45 S t a t . 1542 ............ 205
M ar. 4, 1933, oh. 282, §1, 47 S t a t . 1603.
tiv e law and m ay be c ite d as ‘1 U. S. C., § .’ ” J u n e 13, 1934, ch. 483. §§1, 2, 48 S t a t . 948.
R epeals 54b M a r. 2, 1929, oh. 586, §5, 45 S t a t . 1542 ............ 206
M ar. 4, 1933, oh. 282, §1, 47 S t a t . 1603.
S ectio n 2 of a c t J u ly 30, 1947, provided t h a t th e sec J u n e 13, 1934, oh. 483, §§1, 2, 48 S ta t . 948.
tio n s o r p a r ts th e re o f of th e S ta tu te s a t L arg e o r th e 54c .......... M ar. 2, 1929, oh. 586, §6, 45 S t a t . 1542 ............ 207
Revised S ta tu te s covering provisio n s codified in th is 54d .......... M ar. 2, 1929, ch. 586, §7, 45 S t a t . 1542 ............ 208
A ct a re rep ealed in so far as th e p ro v isio n s ap p eared in 55 ............. M ay 29, 1928, oh. 910, §5, 45 S t a t . 1007 ........... 209
56 ............. M ay 29, 1928, oh. 910, §6, 45 S t a t . 1007 ........... 210
fo rm er T itle 1, and provided th a t a n y rig h ts o r lia b il
57 ............. M ay 29, 1928, oh. 910, §7, 45 S t a t . 1008 ........... 211
itie s now ex istin g u n d er th e rep ealed se c tio n s or p a rts 58 ............. M ay 29, 1928, ch. 910, §8, 45 S t a t . 1008 ........... 212
th e re o f sh a ll n o t be affected by th e repeal. 59 ............. M ay 29, 1928, oh. 910, §10, 45 S t a t . 1008 .......... 213
60 ............. M ar. 3, 1933, oh. 202, §2, 47 S t a t . 1431 ............. Rep.
W r it s of E rror
S ectio n 23 of a c t J u n e 25, 1948, ch. 646, 62 S ta t. 990,
provided th a t: “ All A cts of Congress re fe rrin g to w rits CHAPTER 1—RULES OF CONSTRUCTION
of e rro r sh a ll be c o n stru e d as am ended to th e e x te n t Sec.
n ecessary to s u b s titu te appeal for w rit of e r r o r.” 1. W ords d en o tin g n u m b e r, g en d er, e tc .1
T a b l e S h o w in g D i s p o s i t i o n o f A l l S e c t i o n s of
2. “ C o u n ty ” as in c lu d in g “ p a r is h ” , e tc .1
F o r m e r T it l e 1 3. “ V essel” as in c lu d in g a ll m ean s of w ater
tr a n s p o r ta tio n .
T itle 1 T i tle 1 4. “ V eh ic le” as in c lu d in g a ll m ean s of land
R e v is e d S ta tu te s
F orm er N ew tra n s p o rta tio n .
S ta tu te s a t L a rg e
S e c tio n s S e c tio n s
5. “ C o m p an y ” or “ a s s o c ia tio n ” as including
1 .............. R .S ., §1 ....................................................................... 1 su ccesso rs an d assig n s.
2 .............. R .S .. § 2 ....................................................................... 2 6. L im ita tio n of te rm “ p ro d u c ts of A m erican
3 .............. R .S ., §3 ....................................................................... 3 fish e rie s.”
4 .............. R .S ., §4 ....................................................................... 4 7. D efin itio n of “ m a rria g e ” an d “ sp o u se” .
5 .............. R .S ., §5 ....................................................................... 5 8. “ P e rs o n ” , “ h u m a n b e in g ” , “ c h ild ” , and “indi-
6 .............. J u n e 11, 1940, eh. 325, §1, 54 S ta t . 305 ............. 6
21 ............. R .S ., § 7 ....................................................................... 101 v id u a l” as in c lu d in g b o rn -a liv e in fa n t.
22 ............. R .S ., §8 ....................................................................... 102
A m endm ents
23 ............. R .S ., §9 ....................................................................... 103
24 ............. R .S ., §10 ..................................................................... 104 2002—P ub. L. 107-207, §2(b), Aug. 5, 2002. 116 S ta t. 926.
25 ............. R .S ., §11 ..................................................................... 105 added ite m 8.
26 ............. Nov. 1, 1893, 28 S ta t . App. 5 ............................... 106
M ar. 2, 1895, ch . 177, §1, 28 S t a t . 769.
1996—Pub. L. 104-199, §3(b), S ep t. 21, 1996, 110 S ta t.
27 ............. M ar. 6, 1920, ch . 94, §1, 41 S ta t . 520 ................. 107 2420, added ite m 7.
28 ............. R .S ., §12 ..................................................................... 108
29 ............. R .S ., §13 ..................................................................... 109 § 1. W ords d e n o tin g n u m b er, g e n d e r, an d so forth
M ar. 22, 1944, ch . 123, 58 S ta t . 118.
29a .......... R .S ., §5599 ................................................................. 110 In determ ining the meaning of any Act of Con
29b .......... M ar. 3, 1933, ch. 202, §3, 47 S t a t . 1431 ............. 111 gress, unless the context indicates otherwise—
30 ............. J a n . 12, 1895, ch . 23, §73, 28 S t a t . 6 1 5 .............. 112
J u n e 20, 1936, ch. 630, §9, 49 S t a t . 1551.
J u n e 16, 1938, oh. 477, §1, 52 S t a t . 760. 1So in o r ig in a l. D oes n o t c o n fo rm to s e c tio n c a tc h lin e .

Page 1
§1 TITLE 1—GENERAL PROVISIONS Page 2
words im po rtin g th e singular include and eren ce to ‘th is A c t’ c o n ta in e d in a n y d iv isio n of th is

apply to several persons, p arties, or things; A ct [A m erican R e co v ery an d R e in v e s tm e n t A ct of 2009,
words im portin g th e plural include th e sin see T ab les fo r c la ssific a tio n ] sh a ll be tr e a te d as refer
gular; r in g o n ly to th e p ro v isio n s of t h a t d iv is io n .”
words im p o rtin g th e m asculine gender in R e f e r e n c e s i n P u b . L. 110-329
clude th e fem inine as well; P u b . L. 110-329. §3, S ep t. 30. 2008. 122 S ta t. 3574. p ro
words used in th e p resen t tense include the v ided th a t: “ E x c e p t as ex p re ssly p ro v id ed o th erw ise,
future as well as th e present; an y re fe re n c e to ‘th is A c t’ o r ‘th is jo in t re s o lu tio n ’
th e words “ in san e” and “ insane person” and c o n ta in e d in a n y d iv isio n of th is A c t [C o n so lid ated Se
“ lu n a tic ” shall include every idiot, lunatic, c u r ity , D is a s te r A ssista n c e , an d C o n tin u in g A p p ro p ria
insane person, and person non compos m entis; tio n s A ct, 2009, see T ab les fo r c la s sific a tio n ] s h a ll be
the words “ person” and “w hoever” include tr e a te d as re fe rrin g o n ly to th e p ro v isio n s of t h a t d iv i
corporations, com panies, associations, firms, sio n .”
partnerships, societies, and jo in t sto ck com pa R e f e r e n c e s i n P u b . L, 110-161
nies, as well as individuals;
“ officer” includes any person authorized by P u b . L. 110-161. §3, Dec. 26. 2007. 121 S ta t. 1845. pro
law to perform th e duties of th e office; vided th a t: “ E x c e p t a s ex p re ssly p ro v id ed o th erw ise,
“ sig n a tu re ” or “ sub scrip tio n ” includes a a n y refe re n c e to ‘th is A c t’ c o n ta in e d in a n y d iv isio n of
th is A ct [C o n so lid ated A p p ro p ria tio n s A ct, 2008, see
m ark when th e person m aking the same in T ab les fo r c la ssific a tio n ] s h a ll be tr e a te d as re fe rrin g
tended it as such; o n ly to th e p ro v isio n s of t h a t d iv is io n .”
“ o a th ” includes affirm ation, and “sw orn”
includes affirm ed; R e f e r e n c e s i n P u b . L. 110-116
“ w ritin g ” includes p rin tin g and typew riting P u b . L. 110-116. §2. Nov. 13. 2007, 121 S ta t. 1295. p ro
and reproductions of visual symbols by photo v ided th a t: “ E x c e p t as ex p re ssly p ro v id ed o th erw ise,
graphing, m ultigraphing, m im eographing, a n y refe re n c e to ‘th is A c t’ c o n ta in e d in a n y d iv isio n of
m anifolding, or otherw ise. th is A c t [see T a b le s fo r c la ss ific a tio n ] sh a ll be tr e a te d
as re fe re n c in g o n ly to th e p ro v isio n s of t h a t d iv isio n .”
(July 30. 1947, ch. 388. 61 S ta t. 633; Ju n e 25, 1948,
ch. 645. §6, 62 S ta t. 859; Oct. 31, 1951, ch. 655, §1, R e f e r e n c e s i n P u b . L. 109-289
65 S tat. 710.) P u b . L. 109-289. div. A, t i t l e V III. §8112, S ep t. 29, 2006.
Am endm ents 120 S ta t. 1299, p ro v id ed th a t: “ E x ce p t as ex p ressly pro
vided o th e rw ise , a n y referen c e to ‘th is A c t’ co n ta in e d
1951—A c t O ct. 31, 1951, s u b s titu te d , in f o u rth cla u se in th is d iv isio n [D e p a rtm e n t of D efense A p p ro p ria tio n s
a f te r o p en in g clau se , “ u se d ” fo r “ u s e ” . A ct, 2007, see T ab les fo r c la ssific a tio n ] sh a ll be re fe r
1948—A c t J u n e 25, 1948, in c lu d e d “ te n s e ” , “ w h o ev e r” , r in g o n ly to th e p ro v isio n s of th is d iv isio n .”
“ s ig n a tu r e ” , “ s u b s c rip tio n ” , “ w r itin g ” an d a b ro a d e r
d e fin itio n of “ p e rs o n ” . R e f e r e n c e s i n P u b . L. 109-148
S h o r t T it l e of 2002 A m e n d m e n t P u b . L. 109-148, div. B, t i t l e V, §5002, Dec. 30, 2005, 119
S ta t. 2813, p ro v id ed th a t: “ E x c e p t as ex p re ssly provided
P u b . L. 107-207, §1, A ug. 5, 2002. 116 S ta t. 926. p ro v id ed
o th e rw ise , a n y re fe re n c e to ‘th is A c t’ c o n ta in e d in ei
th a t: “ T h is A c t [e n a c tin g se c tio n 8 of th is tit le ] m a y be
th e r d iv isio n A [D e p a rtm e n t of D efense A p p ro p ria tio n s
c ite d a s th e 'B o rn -A liv e In fa n ts P ro te c tio n A ct of
A ct, 2006, see T ab les fo r c la ss ific a tio n ] or d iv isio n B
2002'.”
[E m erg en c y S u p p le m e n ta l A p p ro p ria tio n s A ct to Ad
S h o r t T it l e of 1996 A m e n d m e n t d ress H u rric a n e s in th e G u lf of M exico an d P an d em ic
P u b . L. 104-199. §1, S ep t. 21, 1996, 110 S ta t. 2419, p ro In flu e n za , 2006, see T ab les fo r c la ssific a tio n ] s h a ll be
v id ed th a t: “ T h is A c t [e n a c tin g se c tio n 7 of th is t i t l e t r e a te d as re fe rrin g o n ly to th e p ro v isio n s of t h a t d iv i
an d s e c tio n 1738C of T itle 28, J u d ic ia r y an d J u d ic ia l s io n .”
P ro c e d u re ] m a y be c ite d as th e ‘D efense of M a rria g e R e f e r e n c e s i n P u b . L. 109-115
A c t’.”
P u b . L. 109-115, div. A. t i t l e V III, §847, Nov. 30, 2005.
R e f e r e n c e s i n P u b . L. 111-118 119 S ta t. 2507, p ro v id ed th a t: “ E x c e p t as ex p ressly p ro
P ub. L. 111-118, §3, Dec. 19. 2009, 123 S ta t. 3409, p ro vided o th e rw ise , a n y re fe re n c e to ‘th is A c t’ co n ta in e d
vided th a t: “ E x c e p t a s e x p re ssly pro v id ed o th e rw ise , in th is d iv isio n [T ra n s p o rta tio n , T re a s u ry , H ousing and
a n y re fe re n c e to ‘th is A c t’ c o n ta in e d in a n y d iv isio n of U rb an D ev elo p m en t, th e J u d ic ia ry , an d In d ep en d en t
th is A c t [D e p a rtm e n t of D efense A p p ro p ria tio n s A ct, A g en cies A p p ro p ria tio n s A ct, 2006, see T ab les for c la ssi
2010, see T a b le s fo r c la s s ific a tio n ] sh a ll be tr e a te d as fic a tio n ] sh a ll be tr e a te d as re fe rrin g o nly to th e p ro v i
r e fe rrin g o n ly to th e p ro v isio n s of t h a t d iv is io n .” sio n s of th is d iv is io n .”
R e f e r e n c e s i n P u b . L. 111-117 R e f e r e n c e s i n P u b . L. 108-447
P u b . L. 111-117, §3. D ec. 16. 2009. 123 S ta t. 3035, p ro P u b . L. 108-447. §3, Dec. 8, 2004. 118 S ta t. 2810. provided
v id ed th a t: “ E x c e p t as e x p re ssly pro v id ed o th e rw ise , th a t: “ E x c e p t a s ex p re ssly p ro v id ed o th e rw ise , a n y ref
a n y re fe re n c e to ‘th is A c t’ c o n ta in e d in a n y d iv isio n of e re n ce to ‘th is A c t’ c o n ta in e d in a n y d iv isio n of th is
th is A c t [C o n so lid ate d A p p ro p ria tio n s A ct, 2010, see A ct [C o n so lid ated A p p ro p ria tio n s A ct, 2005, see T ables
T a b le s fo r c la s s ific a tio n ] sh a ll be tr e a te d as re fe rrin g fo r c la s sific a tio n ] sh a ll be tr e a te d as re fe rrin g o n ly to
o n ly to th e p ro v isio n s of t h a t d iv is io n .” th e p ro v isio n s of t h a t d iv is io n .”
R e f e r e n c e s i n P u b . L. 111-8 R e f e r e n c e s i n P u b . L. 108-199
P u b . L. 111-8, §3, M ar. 11, 2009. 123 S ta t. 525, p ro v id ed P u b . L. 108-199. §3, J a n . 23. 2004. 118 S ta t. 4. provided
th a t: “ E x c e p t as ex p re ssly p ro v id ed o th e rw ise , a n y re f th a t: “ E x c e p t as ex p re ssly p ro v id ed o th e rw ise , an y ref
ere n c e to ‘th is A c t’ c o n ta in e d in a n y d iv isio n of th is ere n ce to ‘th is A c t’ c o n ta in e d in a n y d iv isio n of th is
A ct [O m nibus A p p ro p ria tio n s A ct, 2009, see T a b le s for A ct [C o n so lid ated A p p ro p ria tio n s A ct, 2004, see T ables
c la s s ific a tio n ] s h a ll be tr e a te d as r e fe rrin g o n ly to th e fo r c la ssific a tio n ] sh a ll be tr e a te d as re fe rrin g o nly to
p ro v isio n s o f t h a t d iv is io n .” th e p ro v isio n s of t h a t d iv is io n .”
R eferences in P u b . L . 111-5 R e f e r e n c e s i n P u b . L. 108-7
Pub.aojtyOafiMedr<FebWjEfl<y)i20B® S ta t. 116, p rovided P ub. L. 108-7, §3, F eb. 20, 2003, 117 S ta t. 12, provi27<$-
th a t: “ E x c e p t as ex p re ssly pro v id ed o th e rw ise , a n y re f th a t: “ E x c e p t a s e x p re ssly p ro v id ed o th e rw ise , an y ref
Page 3 TITLE 1—GENERAL PROVISIONS §8
erence to ‘th is A c t’ c o n ta in e d in a n y d iv isio n of th is riag e” m eans only a legal union between one
jo in t re s o lu tio n [C o n so lid ated A p p ro p ria tio n s R e so lu m an and one woman as husband and wife, and
tio n , 2003, see T ab les fo r c la ssific a tio n ] sh a ll be tr e a te d th e word “ spouse” refers only to a person of the
as re fe rrin g o nly to th e p ro v isio n s of t h a t d iv is io n .”
opposite sex who is a husband or a wife.
C o n t in e n t a l U n i t e d S t a t e s (Added Pub. L. 104-199, §3(a), Sept. 21, 1996. 110
S ectio n 48 of P ub. L. 86-70, J u n e 25, 1959, 73 S ta t. 154, S tat. 2419.)
provided th a t: ‘‘W henever th e p h ra se ‘c o n tin e n ta l
U n ited S ta te s ’ is used in a n y law of th e U n ite d S ta te s §8. “P e r s o n ”, “h u m a n b e in g ”, “c h ild ”, and “in d i
en a cted a f te r th e d a te of e n a c tm e n t of th is A c t [Ju n e v id u a l” a s in c lu d in g b o r n -a liv e in fan t
25, 1959], i t sh a ll m e a n th e 49 S ta te s on th e N o rth A m er
ican C o n tin e n t an d th e D is tr ic t of C olum bia, u n le ss
(a) In d eterm ining th e m eaning of any Act of
o th erw ise e x p re ssly p ro v id e d .” Congress, or of any ruling, regulation, or inter
p reta tio n of th e various adm inistrative bureaus
§2. “C o u n ty ” a s in c lu d in g “p a r is h ”, a n d so fo rth and agencies of th e U nited States, the words
“ person” , “hum an being” , “ child” , and “indi
The word “ co u n ty ” includes a parish, or any v id u al” , shall include every infant member of
other equivalent subdivision of a S ta te or T erri th e species homo sapiens who is born alive at
tory of the U nited S tates. any stage of developm ent.
(July 30. 1947, ch. 388. 61 S tat. 633.) (b) As used in th is section, the term "born
aliv e” , w ith respect to a member of the species
S3. “V e s s e l” a s in c lu d in g a ll m e a n s o f w a te r homo sapiens, m eans th e com plete expulsion or
tr a n s p o r ta tio n ex tractio n from his or h er m other of th at mem
The word “vessel” includes every description ber, a t any stage of developm ent, who after such
of w atercraft or other a rtificial contrivance expulsion or ex tractio n breathes or has a boat
used, or capable of being used, as a m eans of ing h eart, pulsation of the umbilical cord, or
tran sp o rtatio n on w ater. definite m ovem ent of vo lu n tary muscles, regard
less of w hether th e um bilical cord has been cut,
(July 30, 1947, ch. 388, 61 S ta t. 633.) and regardless of w hether the expulsion or ex
tra c tio n occurs as a re su lt of natural or induced
§4. “V e h ic le ” a s in c lu d in g a ll m e a n s o f la n d
labor, cesarean section, or induced abortion.
tr a n s p o r ta tio n (c) N othing in th is section shall be construed
The word “vehicle” includes every description to affirm , deny, expand, or contract any legal
of carriage or other artificial contrivance used, sta tu s or legal rig h t applicable to any member
or capable of being used, as a m eans of tran sp o r of th e species homo sapiens a t any point prior to
ta tio n on land. being “born aliv e” as defined in this section.
(July 30. 1947, ch. 388. 61 S ta t. 633.) (Added Pub. L. 107-207, §2(a), Aug. 5, 2002, 116
S ta t. 926.)
§ 5. “C o m p a n y ” o r “a s s o c ia tio n ” a s in c lu d in g s u c
c e sso r s a n d a s s ig n s C H A PT E R 2—A C TS A N D RESOLUTIONS; FOR
M A LITIES OF ENACTM ENT; REPEALS;
The word “ com pany” or “asso ciatio n ” , when SEA LIN G OF IN ST R U M E N T S
used in reference to a corporation, shall be Sec.
deemed to em brace the words “ successors and 101. E n a c tin g clau se .
assigns of such com pany or asso ciatio n ” , in like 102. R e so lv in g clau se .
m anner as if these last-nam ed words, or words of 103. E n a c tin g o r re s o lv in g w ords a fte r first sec
sim ilar im port, were expressed. tio n .
104. N u m b e rin g of se c tio n s: sin g le proposition.
(July 30, 1947, ch. 388. 61 S ta t. 633.) 105. T itle of a p p r o p r ia tio n A cts.
106. P r in tin g b ills a n d jo in t reso lu tio n s.
§6. L im ita tio n o f term “p r o d u c ts o f A m e r ic a n 106a. P ro m u lg a tio n of law s.
fis h e r ie s ” 106b. A m e n d m e n ts to C o n s titu tio n .
107. P a r c h m e n t o r p a p e r fo r p r in tin g enrolled bills
Wherever, in the s ta tu te s of th e U nited S tates o r re s o lu tio n s .
108. R ep eal of re p e a lin g a c t.
or in the rulings, regulations, or in te rp re ta tio n s 109. R e p ea l of s t a t u t e s a s a ffe c tin g existing liab il
of various ad m in istrativ e bureaus and agencies itie s .
of the United S tates th ere appears or m ay ap 110. S a v in g c la u se of R e v ise d S ta tu te s .
pear the term “products of A m erican fisheries” 111. R e p e a ls as ev id en ce of p rio r effectiveness.
said term shall n o t include fresh or frozen fish 112. S t a t u t e s a t L a rg e : c o n te n ts ; ad m issib ility in
ev id en ce.
fillets, fresh or frozen fish steak s, or fresh or 112a. U n ite d S ta te s T r e a tie s an d O ther In ter
frozen slices of fish su b stan tially free of bone n a tio n a l A g re e m e n ts; c o n te n ts ; adm issibil
(including any of the foregoing divided into sec i t y in ev id en ce.
tions), produced in a foreign co u n try or its te rr i 112b. U n ite d S ta te s in te r n a tio n a l agreem ents;
torial w aters, in whole or in p a rt w ith th e use of tr a n s m is s io n to C ongress.
the labor of persons who are n o t residents of the 113. “ L itt le a n d B ro w n ’s ” e d itio n of laws and
tr e a tie s ; slip law s; T r e a tie s an d O th er In ter
United S tates. n a tio n a l A c t 1 S eries; a d m is s ib ility in evi
(July 30, 1947, ch. 388. 61 S ta t. 634.) dence.
114. S e a lin g of in s tru m e n ts .
§ 7. D e fin itio n o f “m a r r ia g e ” a n d “s p o u s e ” A m endm ents
In determ ining the m eaning of any A ct of Con 1972—P u b . L. 92-403, §2, Aug. 22. 1972. 86 S ta t. 619,
gress, or of any ruling, regulation, or in te rp re ta add ed ite m 112b.
tion ofOQRy ^tai3f&fe£Q?five bureaus and _____________ -276-
agencies of the U nited S tates, th e word “ m ar J So in original. Does n o t conform to section catchline.
F E D E R A L EQUITY PROCEDURE
A T R E A T IS E
ON THE PROCEDURE IN
S U IT S IN E Q U IT Y
IN THE
CIRCUIT COURTS OF THE UNITED STATES
INCLUDING
APPEALS AND APPELLATE PROCEDURE
WITH APPENDIXES
CONTAINING THE CONSTITUTION OF THE UNITED

STATES ANNOTATED, FEDERAL JUDICIARY
ACTS, COURT RULES, EQUITY FORMS,
ENGLISH ORDERS IN CHANCERY
BY
c. l : ba tes
Of the B ah of S an A n t o n io , T e x a s
IN TW O V O L U M E S
VOLUME I.
CHICAGO:
T. H. FLOOD AND COMPANY.
1901.
C opy C laim ed February 2020
§ 5 -] ' BASIS OF EQUITY JURISDICTION. 5
1887, and of A ugust 13, 1888, being am endatory of the act of

M arch 3, 1875, said section 629 of the Revised Statutes, except
th e first paragraph, remains in full force.1 The general juris
diction of the circuit courts of the U nited States is now defined
and determ ined by chapter 7 of title 13 of the U nited States
Revised Statutes, and the three acts of congress last above
named. There are some other special statutes giving jurisdic
tion to the circuit courts.
§ 5. Original jurisdiction of the circuit courts of the

United States.— The circuit courts of the U nited States have
original jurisdiction in the following suits, viz.:
(1) Of all suits of a civil nature, a t common law or in equity,
where the m atter in dispute exceeds, exclusive of interest and
costs, the sum or value of $2,000, and arising under the consti
tution or laws of the U nited States, or treaties made or which
shall be made under th eir authority.2
(2) Of all suits of a civil nature, at common law or in equity,
in which the United States are plaintiffs or petitioners, with
out regard to the sum or value of the m atter in dispute.3
in which there shall be a controversy between citizens of dif
ferent states, in which the m atter in dispute exceeds, exclusive
of interest and costs, the sum or value of $2,000.4
in which there shall be a controversy between citizens of the
same state, claim ing lands under grants of different states,
w ithout regard to the sum or value of the m atter in dis
pute.8
(5) Of all suits of a civil nature, at common law or in equity,
in which there shall be a controversy between citizens of a
state and foreign states, citizens or subjects, in w hich the mat-
1 Miller-Magee Co. v. Carpenter, 34 3 25 U. S. Stat. a t L., ch. 866, sec. \
Fed. R. 433; W h ite v. Rankin, 144 p. 434; U n ited States v. Sayward, 160
U . S. 628; A m es v. H ager, 36 Fed. R. U . S. 494.
129; A rm strong v. E ttlesohn, 36 Fed. 4 25 U. S. Stat. at L., ch. 866, sec. 1,
R. 209; A rm strong v. Trantam , 36 p. 434.
Fed. R. 275; M cConville v. Gilmour, 8 25 U. S. Stat. at L., ch. 866, sec. 1,
36 Fed. R. 277. p. 434; U n ited States v. Sayw ard, 160
2 25 U. S. Stat. a t L., ch. 866. sec. 1, U. S. 494.
p. 434; U n ited S tates v. Sayw ard, 160
U. S. 493, 498.

8 FEDERAL EQUITY PROOEDURE.
any right, privilege or im m unity secured by the constitution

of the U nited States, or of any rig h t secured by any law pro
viding for equal rights of citizens of the United States, or of
all persons within the jurisdiction of the U nited States.1
(19) Of all suits authorized by law to be brought by any
person on account of any injury to his person or property, or
of the deprivation of any rig h t or privilege of a citizen of the
U nited States, by any act done in furtherance of any con
spiracy mentioned in section 1980, title “ Civil R ights.” 2
(20) Of all suits authorized b y law to be brought against any
person who, having knowledge th a t any of the wrongs men
tioned in section 1980 are about to be done, and having power
to prevent or aid in preventing the same, neglects or refuses
so to do, to recover damages for any such wrongful act.3
(21) Of all proceedings w ithin their respective districts for
the condemnation of real estate for use by the U nited States
government.4 1
(22) Of suits against the governm ent of the U nited States,
concurrent w ith the court of claims, to determine all claims
founded upon the constitution of the U nited States or any law
of congress, except for pensions, or upon any regulation of an
executive departm ent, or upon any contract, expressed or im
plied, w ith the governm ent of the U nited States, or for dam
ages, liquidated or unliquidated, in cases not sounding in tort,
in respect of which claims the party would be entitled to re
dress against the U nited States either in a court of law, equity
or adm iralty if the U nited States were suable, and of all set
offs, counter-claims, claims for damage, liquidated or unliqui
dated, or other demand whatsoever on the p art of the govern
m ent of the U nited States against any claim ant against the
governm ent in said courts, where the am ount of such claim
exceeds $1,000 and does not exceed $10,000: Provided, said
courts shall not have jurisdiction to hear and determ ine war
claims, or any other claims which were rejected or reported on
adversely by any court, departm ent or commission authorized
to hear and determ ine the same prior to March 3, 1887.5
1U. S. R. S., aecs. 629,1979. &24 17. S. Stat. at L., oh. 359, p. 505;
2TJ. S. R. S., sec. 629. U n ited S tates v. Jones, 131 U. S. 1;
3 U. S. R. S., secs. 629, 1981. U n ited States v. Drew, 131 U. S. 21.
* 25 U. S. Stat. at L., ch. 728, p. 357.

$ 666 JU R ISD IC TIO N OF C IR C U IT COURTS. 499
government has its origin in the constitution; but the duty of

creating the inferior courts, organizing the judicial system,
and distributing the jurisdiction, was confided by that instru
ment to congress;20 and the circuit courts, having been ordained
and established, and their jurisdiction defined, the judicial
power as defined in the constitution became operative through
them to its full extent over the subjects of jurisdiction confided
to them.21
§ 664. Same—Four great federal judiciary acU.—^Since the
establishment of the federal government, there have been en
acted, by congress, four great federal judiciaiy acts, affecting
the organization of the federal judiciary, and distributing the
judicial power of the government and defining the jurisdiction
of the several courts of the system ; and to these acts and their
various amendments, together with a large number of special
statutory enactments, we must look for a statement and enum
eration of the various classes of cases of which the circuit courts
have jurisdiction.23
§ 665. The jurisdiction of the circuit courts is either con
threading
current or exclusive.— The jurisdiction of the circuit courts of
the
the United States in civil causes is either (1) concurrent with needle
the courts of the several states or (2) exclusive of the state
courts; and that part of its jurisdiction which is exclusive of
the state courts is either (1) concurrent with the United States
district courts, or (2) exclusive of such courts.28
§ 666. Object and purposes of this chapter.—The object and
purposes of this chapter are, to state in concise form, (1) the <■
common law’ and equity jurisdiction of the circuit courts of the
United States concurrent with the courts of the several states,
and (2) the common law and equity jurisdiction of the circuit
courts exclusive of the state courts, and (3) to show in what
so C arey v. C urtis, 3 H ow . 236 pp. 470-473; 25 U . S. S t a t a t L.
(1 1 :5 7 6 ); T urner v. B ank, 4 Dali. ch. 866, pp. 433, 434; 26 U. S.
10 (1 :7 1 8 ); S h eld o n v. S ill, 8 S ta t. a t L. ch. 517, pp. 820-828;
H ow . 441 (1 2 :1 1 4 7 ); G rover Co. U. S. R ev. S ta t. B e e s . 629, 711; 4
v. F lo ren ce Co., 18 W all. 653-587 F ed. S t a t A nno. pp. 245-397; 1 U.
(2 1 :9 1 4). S Comp. S t a t 1901, pp. 501-517,
si O sborn v. B ank, 9 W h eat. 577, 678.
739 (6 :2 0 4 ). S3 See sta tu te s cited In section
1 U cSpf 2620 n e x t p reced in g. -280-
'7&-79; 18 U . S. S t a t a t L. ch . 137,
C A PITE MINTJTUS. In the civil law.
One who had suffered capitis diminution one
who lost status or legal attributes. See Dig.
■ H I I
C A PIT IS D IM IN U TIO . In Roman law.

A diminishing or abridgment of personality.
This was a loss or curtailment of a man’s
status or aggregate of legal attributes and
qualifications, following upon certain changes
in his civil condition. It was of three kinds,
enumerated as follows:
C a p itis d im in u tio m axim a. The high
est or most comprehensive loss of status.
This occurred when a man’s condition was
changed from one of freedom to one of bond
age, when he became a slave. It swept away
with it all rights of citizenship and all family
rights.
C ap itis d im in u tio media* A lesser or
medium loss of status. This occurred where
a man lost^his rights of citizenship, but with
out losing his liberty. It carried away also
the family rights.
C a p itis d im in u tio m in im a. The lowest
or least comprehensive degree of loss of
status. This occurred where a man’s family
relations alone were changed. It happened
upon the arrogation of a person who had
been his own master, (sui juris,) or upon the
emancipation of one who had been under the
patria potestas. It left the rights of liberty
and citizenship unaltered. See Inst. 1, 16,
p r.; 1, 2, 3; Dig. 4, 5, 11; Mackeld. Rom.
L a ^ c jp x ^ a in n e d F e b ru a rY 2 0 2 0 -2 8 1 -
do the minimum!
Name Change Elements. 2018
Application
Cost Bond - Money Order, $10 Silver Certificate
Two Witnesses - Optional.
Go In Person. You will have impromptu 'sniff test' with filing clerk.
Elements to help you with that clerk, and at the hearing.
1) "I accept your oath to the state and federal w ritten constitutions, and by my inherit
power of appointment do appoint you a fiduciary"
2) Application is ex parte. Also, you draft their form "Proposed Order"
3) Applicant's current legal name is JOHN HENRY DOE, w ithout prejudice and in an
abundance of caution.
4) "Adult Change of Name" - change to current legal name on your married BC.
5) Termination of Guardian Ward under doctrine.
6) To correct any mistakes, potential fraud or identity confusion that exists; to protect and
preserve Applicant's good and proper Name.
7) Remedy for the prejudices that arise under the doctrine of "Idem Sonans".
8) Your name is "john". But the legal title you are seeking is "John Henry Doe"; to be
distinguished from "JOHN HENRY DOE".
a. It's the name granted to you by your parents who exercised their sacred right to
name you.
b. I require first hand perfected knowledge of the facts of my true name, and any
reference to names assumed at birth are not admissible to me now as an adult.
c. Your name is handwritten in your family bible, but if it's typed that is secondary,
not primary.
d. The name "JOHN HENRY DOE" is not your property because the 'State' name is
at top, not yours, and your parents' signatures are not on the certificates, only a
state official is on the certificate. There's no evidence that your parents named
you "JOHN HENRY DOE".
e. You seek to be exonerated from the State's name "JOHN HENRY DOE" as a form
of civil exoneration under the doctrine of suretyship.
f. Due to this mistaken identity under the doctrine of idem sonans an undesirable
situation has occurred:
i. from Roman Civil law and non-English captitonyms words spelled in ALL
CAPITAL LETTERS and "capitis dim inutio m axim o "("loss of head"-
Wikipedia), and he no longer wishes for this threat of confusion or
suspension of fundamental civilian rights to be withheld, damaged,
ousted, or extinguished by these misnomers; under Roman civil loss I
have suffered a loss of age majority civilian rights;

ii. under the doctrine of agent-principal conditions arise in which said
relations fuses the agent with the principal as one resulting in an
undesirable situation difficult to manage under mistaken identity in the
scenario in which similar agent-principal names are mistaken for one
another;
iii. the guardian and ward relation under the doctrine of parens patriae by
which Applicant been erroneously regarded as a ward;
iv. an abandoned intestate decedent's legal estate under Administration
under mistaken identity and statutory construction of legal definitions
devolving his status on par with a fetal death, placenta, or umbilical cord,
or other product of human conception that was confused and mingled
with him resulting in a mistaken identity and false presumption of death
for so long as to be absentee in law;
v. a volunteer surety on whose shoulders are imputed liabilities such as
debts, mortgages, suretyships, and implied irrevocable trustee
arrangements established due to mistaken commingling of identities
between his legal name granted by his natural parents and the Names of
third party foreign alien entities similarly named;
vi. Maxim "equity does not aid a volunteer";
vii. and it was never the intent of the Applicant to use the name of a stranger
or foreigner or third party w ithout express consent or even by way of
compensation; i thus pray herein for mercy and forgiveness and for
grace. Due to ignorance of law and due to mistaken long time use of said
foreign named Estate, due to mistake of not coming to good reason and
conscience much sooner, owing to my trespasses against any third
parties or the Holders listed below, of said Estate, and due to doctrines
of agent/principal without being fully availed of the consequences of
Applicant's mistaken unrestricted voluntary signatures, without
understanding the use of a decedent's Estate Capitis Diminutio Maxima
name for so long as to give rise to a mistaken presumption for which the
only proper relief from mistake and ignorance of the law, for, it is for
forgiveness and mercy and that grace extinguish these past sins: "...the
forgiveness of sins, according to the riches of grace" Ephesians 1:7;
viii. To lawfully restore his equitable rights and defenses to elect, assert, or
defend against, to right to resign as a mistaken volunteer implied
registered agent, leasee, agency, suretyship, or franchisee of similar
foreign or alien names imputed to him without his express consent for
foreign or domestic similarly named entities per the maxim "equity does
not aid a volunteer" and, Scripture is clear that he is not to stand as
surety for strangers, Proverbs 6:1-2; 11:15, Romans 13:8), At 2 Kings
18:23,31, Bible KJV;
ix. To be restored in order to act or exercise his equitable rights in relation
to said foreign and alien names to wit: to be subrogated, exonerated,
restored of heir and cestui que rights and organic covenants to Land
C o p y C la im e d F ebruary 2020
jurisdiction, enforce reimbursement from co-sureties, restitution, and
merging of legal and equitable titles vested in said cestui que rights such
as to exercise the equity of redemption or declare deeds absolute to be
equitable mortgages, in the absence of which, he may otherwise be
clogged w ithout the proper distinction identifying himself by this Court's
competent jurisdiction from any alien foreign enemy, foreign executor, or
administrator by which he is otherwise barred from bringing suit into the
exclusive original jurisdiction;
X. Further, to be restored, safeguarded, secured, and protected of his
private fundamental rights including but not limited to the right:
xi. To civilian due process of law w ithout confusion or suspension of jural
relations to said Misnomers.
xii. To live in accordance with biblical principles and teachings.
xiii. To remove any threat of use of his Name in violation of any other
copyright, franchise, legal claims upon a similar name.
xiv. To restoration in law or equity his rights as the heir to the decedent's
legal estate of Maple County, Iowa.
xv. To be the grantee absolute of his same w ithout the State.
xvi. To properly define who "you" is in singular or plural conjugation of
English verbs on all documents, forms, and interrogatories verbal or
written.
xvii. To defend against any mistaken or erroneous volunteer suretyship for
any State, commercial, enemy, statutory, foreign or domestic,
international entities similarly named.
xviii. To defend against any mistaken or erroneous modes of practice of law, or
military, or municipal, modes of court practice and modes of
proceedings.
xix. as a cestui que trust in the exclusive original jurisdiction as a covenantee
to the Land jurisdiction established by this country's Declaration of
Independence circa 1776.
xx. And other proprietary reasons.

Probate Judge’s Order
N O T IC E O F IN T E N T T O D IS M IS S A N D P R O V ID IN G O P P O R T U N IT Y TQJREFILE
This matter came before the Court on Petitioner’s Petition for Decree of Beneficial
Ownership o f the Estate filed on 2016. An amended petition, with
several attachments, was filed o n f l l ^ W > 2016.
Do y o u After reviewing the amended petition and its attachments, the Court is unable to decipher the
have a legal basis for Petitioner’s requested relief or her cause of action. Reading the petition
l6 C ja l Equity
e s ta te ? liberally, the Court could discern that potentially the Petitioner seeks a legal name change.
2. The Court refers Petitioner to the name change statutes. Ini i those statutes are found
3. The amended petition in its current form does not address the requirements for a name
change as set forth i n ^ H H ^ ^ statutes.
4. Petitioner may refile a Second Amended Petition seeking a name change, if that is the relief
she is requesting, citing the Court to the relevant statutes and providing all
information required by those statutes.

E q u ity
N o tice o f Intent to D ism iss
5. If Petitioner is seeking some other type of cause of action or relief, the Court is unable to
discern what the cause of action is. This is a basis to dismiss the Petition pursuant to!
£ p cewtV(?onfidoiitiiil, Kiduehtry Relations
Box Number(s)_________
Application for Post Office Box™ Service
Fill out all non-shaded fields, and take this application to the Post Office"'
I. This service is for (Required selection): Business/Organization Use Residential/Personal Use
2. Name of Business/Organization (if applicable): John Henry Doe Living Estate Trust
3. Name of Person Applying {Last, First, Ml — include title if representing a business/organization): Doe, John Henry [no middle initial]
Verify initials
4. Address: Number, Street, Suite JOHN HENRY DOE LIVING ESTATE TRUST. Ttee
c/o Main Street - Five Two Five
City ^
Mapletown . sta te I o w a zip+4® excepted
5. Telephone Number (Include Area Code) 6. Email Address
7. Box Size(s) (Required) See page 1 for details LI Size 1 U Size 2 □ Size 3 □ Size 4 □ Size 5
Applicant must select and enter the ID Number for two items of valid identification listed below. You must present the IDs at a Post Office. One item must contain a
photograph and one must be traceable to the bearer (prove your physical address). Both must be current.
Select one photo ID: S elect one non-p h o to ID:
□ Valid driver’s license or state non-driver’s ID card □ Current lease, mortgage, or deed of trust
□ Armed forces, government, university, or recognized corporate ID □ Voter or vehicle registration card
□ Passport, passport card, alien registration card, or certificate ofnaturalization □ Home or vehicle insurance policy
Photo ID Number: N on-Photo ID Num ber:
Verify initials (For Post Office Use Only).
9. On the back of this form, list the name(s) of all individuals, including members of a business, who will be receiving mail at this (these) PO Box number(s).
10. On the back of this form, list the names of the persons or representatives of the business/organization authorized to pick up mail addressed to this (these)
PO Box number(s).
Optional Automatic R enew al Paym ent — Term s and A g ree m en t (R equired fo r 3-m o n th pa ym e n t option)
By initialing below and establishing automatic renewal payments at a Post Office, I hereby authorize the U.S. Postal Service® (USPS®) to charge my credit card for the amount of my
designated box size per USPS pricing on the scheduled interval I have selected (i.e., 3,6, or 12 months). This charge could appear on my credit card statement as early as the 15th of
the month prior to the due date. If I provided my email address, I understand that I will receive email notification at least 10 days prior to the actual credit card charge. I will also receive
apayment due notice in my PO Box before the payment due date. I understand that I may cancel the automatic payment option any time after the initial application/payment process is
complete during the business hours at the Post Office where my box is located. If I do not cancel by the 14th of the month prior to the next payment due date, I understand that the payment
will be charged to my credit card. I understand that if the payment cannot be transacted due to incorrect or obsolete payment information or the transaction would exceed the credit limit
of the account, or the bank or credit card company rejects/returns the payment request, my PO Box may be closed and any mail received after closure would be returned to the sender. If
my POBox is closed for nonpayment, I understand that I could be charged a late payment fee to reactivate my PO Box service. If there are any changes to my credit card number, billing
address, or expiration date, I agree to notify the Post Office where my box is located of these changes. I understand that this agreement will remain in effect until I or USPS terminates the
POBox service. The USPS may receive updated credit card account information from the institution that issued the card identified for payment. If I decide to close my PO Box, I must visit
the Post Office where my box is located during business hours. (See the PO Box refund policy for information on refunds.) The USPS may terminate my participation under this automatic
payment agreement in the event I provide incorrect, false, or fraudulent account information or if I have any returned payment items.
Customer In itia ls . Billing Address (if different from address in 4 above):
Number, Street, Suite.
City_____________ State . ZIP+4®_
Application Date Number of Keys Customer Eligible for No-Fee Service

Issued
□ Yes LI No
Signature of A p p lic a n t (Same as item 3) I certify th a t all inform ation furn is h e d on this fo rm is a c c u rate ,
truthful, and com p le te . I u nd erstan d th a t a n y o n e w h o furnishes fals e o r m isleadin g info rm ation on this form
or omits inform ation req uested on this form m a y b e s u b je c t to crim inal a n d /o r civil p en a ltie s , including
fines and im prisonm ent.
by: Attorney in Fact, Beneficiary, w/o Recourse/Prejudice. Post Office Date Stamp
-2 B b -
PSForm 7530-02- 000-7165. S ee our Privacy Act S tatem ent on page 4 of this form.
Application for Post Office Box™ Service
The Postal Service™ may consider it valid evidence that a person is authorized to remove mail from the box if that person possesses a key or
combination to the box.
11. Names of individuals (including m em bers of a business) w ho w ill be receiving 12. Persons or representatives of the business/organization w ho are authorized
mail a t th is (these) PO Box num ber(s) are listed below. to pick up mail addressed to this (these) PO Box number(s) are listed below.
a. R esid en tial/P erso n al Use - Each ad ult listed m u st present tw o form s of All names listed m ust have verifiable ID and upon request, present this
valid identification to the Post Office. identification to the Postal Service.
b. B usiness/O rganization Use - Each person listed must, upon request,

present tw o form s of valid identification to the Post Office.
A parent or guardian may receive the mail o f m inors by listing th e ir names (no ID
is required).
Joe H Doe and M ary K Doe, Husband and Wife John Henry Doe
Joe H Doe and Mary K Doe, A M arried Couple

I
JOHN H DOE
------1
DOE, JOHN H
JOHN HENRY DOE
John Doe
JH Doe
Doe, John H.
John Henry Doe Living Estate Trust, Ttee
Verify initials (for Post Office Use Only) Verify initials (for Post Office Use Only)
Privacy Act Statement: Your information will be used to provide Post Office Box'" service entities, including law enforcement, as required by law or in legal proceedings; to contrac
and to ensure delivery to the box. Collection is authorized by 39 U.S.C. 401,403, and 404. and other entities aiding us to fulfill the service (service providers); to process servers; to
Providing the information is voluntary; but, if not provided, we will be unable to provide this domestic government agencies if needed as part of their duties; and to a foreign governim
service to you. We do not disclose your information to third parties without your consent, agency for violations and alleged violations of law. Information concerning an individual bo
except to facilitate the transaction, to act on your behalf or request, or as legally required. holder who has filed a protective court order with the postmaster will not be disclosed exi
This includes the following limited circumstances: to a congressional office on your behalf; to pursuant to court order. For more information regarding our privacy policies,
financial entities regarding financial transaction issues; to a U.S. Postal Service® auditor; to visit usps.com/privacypolicy.
°2011 United States Postal Service®. All Rights Reserved. The Eagle Logo, PO Box and Your Other Address are some of the many trademarks of the U.S. Postal Service®.
PS Fon6ap93qjailtll®$l JTeblfBasy 2 0 2 0 ) PSN 7530-02-000-7165 ’

[example Receipt to get when at closing for home, because why not?]
RECEIPT
Issued to:
John Henry Doe and Susan Ella Doe

Address: 123 Maple Street, Iowa City, Iowa
Telephone: 123-456-7894
Name of Receipt Issuer: Cindy Bankster, Big Bad Bank: Big Bad Bank
Address: _______________________________________
Receipt issued d a te :________________________[closing date]
Receipt issued for:
1. NOTE U.S.$350,000.00 d a te d _______
2. Mortgage Instrum ent d a te d _____
3. Loan Application d a te d ____
4. Grant deed from s e lle rs______
For deposit of original executed chattels and instrum ents the value of w hich is
acknowledged.
Signed:_________________________ D ate:___________
Title:_______________
Second Bank W itn ess________________________

[example Receipt to get when at closing for home, because why not?]
RECEIPT
Issued to:
John Henry Doe and Susan Ella Doe

Address: 123 Maple Street, Iowa City, Iowa
Telephone: 123-456-7894
Name of Receipt Issuer: Cindy Bankster, Big Bad Bank: Big Bad Bank
Address: _______________________________________
Receipt issued d a te :________________________[closing date]
Receipt issued for:
1. NOTE U.S.$350,000.00 d a te d _______
2. Mortgage Instrum ent d a te d _____
3. Loan Application d a te d ____
4. Grant deed from s e lle rs______
For deposit of original executed chattels and instrum ents th e value of which is
acknowledged.
Signed:_________________________ D ate:___________
T itle : __________________
Second Bank W itn ess________________________

c o n tin u a n c e te m p la te
The Name Of Your Court Goes Here
STATE OF Your State Cause no. case or cause # here
V Judge: Judges Name
Your Name Here
Motion For Continuance
Defendant moves this honorable court to enter an order for a continuance of 60 days for time to
adequately prepare a sound and legal defense.
1. Trial is currently set for (insert date and time] October 29, 2014.
2. Defendant requests a continuance and move trial date to December 29 2014.
3. Defendant is not a lawyer and seeks additional 60-days to perfect his remedy.
4. Defendant is unable to afford a lawyer and is now learning how to file responses and
motions to move the court properly.
5. Defendant is learning how to access legal resources available- to him through the court for
a proper defense.
6. Defendant needs additional time to properly motion the court and set hearing for
discovery, production, interrogatories, to subpoena witnesses and original documents that
are critical to a fair trial.
7. Defendant needs more time to properly craft his case for trial and frame his record for
appeal in the event it becomes necessary to appeal.
8. Defendant lacks financial resources to pay for legal research services such as Lois Law or
Westlaw which would speed up the process of research dramatically.
9. W herefore defendant (your name here) moves this court to enter an order for a
continuance of this trial to a date of (put a date 60 days away) to prepare a legal Defense.
I sw ear these fact are true under penalty of perjury under the laws of The United States of
America.
jurat
C o p y C la im e d F eb ru a ry 2020
Sample L etter about M an u factu rer’s Statem ent of O rigin.
May 18, 2015

To: Marcy E. Coleman, Agent - Legal Counsel
600 New Ave
livid, ny 32221
Re: NOTICE
Johnson, Michelle
Honda Pilot - Original MANUFACTURER’S CERTIFICATE OF ORIGIN
Original BILL OF SALE
c/o 1 Sunday court
lewisville, New York [32221]
Dear Ms. Coleman,

This letter serves a Notice that it has recently come to my attention that the Original
Manufacturers Certificate of Origin, hereinafter MCO, and the Original Bill of Sale,
hereinafter Bill of Sale, was mistakenly transferred to the New York Registry of Motor
Vehicles /Department of Motor Vehicles, hereinafter DMV, by Metro Honda when
registering the Honda Pilot I bought in December of 2010.
I met with the General Manager of Metro Honda on May 8, 2015 to inquire about the
whereabouts of the MCO and Bill of Sale. He informed me that they did not have them
because the New York DMV requires the dealership to transfer the MCO and Bill of
Sale to them for registration.
I visited the DMV the week of May 11, 2015 and spoke with supervisors; Carry Ann -
Agent # 194 and Karen - Agent #104. I informed them that I wanted the Original MCO
returned to me since I am the True Owner. I was told by both of them that the MCO and
Bill of Sale gets destroyed and they don’t have them. I also met with Chuck Anderson
who informed me that the MCO and Bill of Sale “does not” get destroyed. He also
informed me that the DMV has periodic trainings for the dealerships and that the
dealerships are given a check list that includes the MCO and Bill of Sale, instructing
them to turn it over to the DMV when registering a car. Chuck also informed me that
there was a New York law, Chapter 31, that requires the transfer of the Original MCO
and Original Bill of Sale to the DMV and that I would “NEVER” get it back. I read
Chapter 31, there is no mention of requiring an Original MCO or Original Bill of Sale.
Page 1 o f 3

Continuation...
Re: NOTICE: Honda Pilot - Original MANUFACTURER’S CERTIFICATE OF ORIGIN
- Original BILL OF SALE
AFFIDAVIT
I, Michelle Johnson, hereinafter, Affiant bought a Honda Pilot, VIN #
4FNYG4H97BB0466655, on December 22, 2010 and became the True and Beneficial
owner of the Honda Pilot.
There were never any liens existing against the Honda Pilot.
Affiant has no Knowledge of any record or evidence and believes none exists of any
signed contract whereby dealership or DMV stated specifically that the MCO and/or Bill
of Sale was required by DMV for registering the Honda Pilot.
signed contract whereby she specifically consented to giving the MCO and/or Bill of
Sale to the DMV.
Affiant has no Knowledge of any record or evidence and believes none exists that she
voluntarily gave up the MCO and/or Bill of Sale to the DMV.
New York state law requiring the dealership to give the MCO and/or Bill of Sale to the
DMV.
New York state law requiring the MCO and/or Bill of Sale be given to the DMV for
registration of a car.
In Addition I have noticed when reading Title 31 that many of the definitions and “laws”
don’t apply to me or my car. This will be addressed in future correspondence if need
be.
You have ten days to rebut this NOTICE / AFFIDAVIT. If you do not respond, it is your
tacit agreement that the Original MCO and Original Bill of Sale will be returned to me
immediately. If there are no New York state laws specifically requiring the MCO be
given to the DMV for registration, Be It Resolved the DMV will return the Original MCO
to me immediately. A meeting will be scheduled for me to pick it up personally at the
DMV.
Any response to this letter must be done via Registered Mail through the United States
Postal Office.
C o p y C la im e d F ebruary 2020
Continuation...
Re: NOTICE: Honda Pilot - Original MANUFACTURER’S CERTIFICATE OF ORIGIN
- Original BILL OF SALE
In Witness Whereof, I Michelle Johnson, make Oath that I have written the foregoing,
know its contents to be true, certain, correct and complete.
By: Bill Tango By: Michelle Johnson ...

Witness to all the meetings
stated above: at Metro Honda
and the NY DMV
Page 3 of 3

P C -E -5.10C (Rev. 2-2015)
P R O B A TE C O U R T OF FR A N K LIN CO UNTY, O HIO

RO BERT G. MONTGOMERY, JUDGE
ESTATE O F _____________________________________________________________ DECEASED
C A S E N O ______________________
ATTENTION SUM M ARY RELEASE FROM ADMINISTRATION APPLICANTS
WHEN FILING THE APPLICATION FOR SUM M ARY R E LE A SE FROM ADMINISTRATION THE
APPLICAN T WILL NEED THE FOLLOWING.
1. A completed packet of forms.
2. The original Will (if the decedent had a Will).
3. The death certificate.
4. A detailed funeral bill and proof of payment, if any.
5. Verification of all assets to be released (examples: deed, bank statements, auto title,
last pay check, etc.)
6. The Court cost for filing an Application for Summary Release is $113.00.
N O TIC E : PAYM ENT M U S T BE M A D E IN C ASH AT THE TIM E TH E A P PLIC A TIO N IS FILED.
SIG N A L L R E Q U IR E D D O C U M E N TS .
www.franklincountyohio.gov/probate
Release from Administration Department
614-525-5362
373 South High Street, Floor 22, Columbus, Ohio 43215
F R A N K L IN C O U N T Y FORM E -5.10C - A T TE N TIO N S U M M A R Y R E L E A S E FROM A D M IN IS T R A T IO N A P P L IC A N T S
C o p y C la im e d F e b ru a ry 2020
Wik ip e d i A
SPECIE OF MONEY
Morgan dollar
The M organ d o lla r was a U nited Stales dollar coin minted from 1878 to
I1904, and again in 1921 . It was the first standard silver dollar minted since
Morgan dollar
production of the previous design, the Seate_d_Liberty dollar, ceased due to the Value 1 Unit tates
passage of the Coinage Act of 1873I which also ended the free coining of iollar
silver. The coin is named after its designer, United States Mint Assistant Mass 26.73 g
Engraver George T. Morgan. The obverse depicts a profile portrait (4121/a gr)
representing Liberty, while the reverse depicts an eagle with wings
Diam eter 38.1 mm (1.5 in)
outstretched.
Thickness 2.4 mm
Thedollar was authorized by the Bland-A llison Act. Following the passage of Edge Reeded
the 1873 act, mining interests lobbied to restore free silver, which would
Com position
require the Mint to accept all silver presented to it and return it, struck into
rain. Instead, the Bland-Allison Act was passed, which required the Treasury 10.0% Copper
lopurchase between two and four million dollars' worth of silver at market Years of minting 1878-1904, 1921
lvalue to be coined into dollars each month. In 1890 , the Bland-Allison Act Mint marks None
ras repealed by the Sherman Silver Purchase Act, which required the
Treasury to purchase 4 ,500,000 troy ounces ( 140,000 kg) of silver each
CC (Carson City)
month, but only required further silver dollar production for one year. This
act, once again, was repealed in 1893 . S (San
Francisco)
1898, Congress approved a bill that required all remaining bullion
O (New Orleans)
purchased under the Sherman Silver Purchase Act to be coined into silver
D (Denver)
Mars. When those silver reserves were depleted in 1904 , the Mint ceased to
strike the Morgan dollar. The Pittman Act, passed in 1918 , authorized the Obverse
Hi
melting and recoining of millions of silver dollars. Pursuant to the act,
Morgan dollars resumed mintage for one year in 1921 . The design was
'replaced by the Peace dollar later the same year.
inthe early 1960s, a large quantity of uncirculated Morgan dollars in their

original bags were discovered in the Treasuiy vaults, including issues once
thought rare. Individuals began purchasing large quantities of the pieces at
facevalue, and eventually the Treasury ceased exchanging silver certificates
;forsilver coin. Beginning in the 1970 s, the Treasuiy conducted a sale of silver
hollars minted at the Carson City Mint through the General Services
administration. In 2006 , Morgan's reverse design was used on a silver dollar
edto commemorate the old San Francisco Mint building.
Design Liberty
Designer George T.
Morgan
C a n te n ts 2020
Desian date
-294-
Associate Attorney General Brand Delivers Remarks to the Washington, D.C. Lawyers Chapter of the
Federalist Society. Justice News. Associate Attorney General Brand Delivers Remarks to the Washington,
D.C. Lawyers Chapter of the Federalist Society
dispose of a case to achieve a policy outcome. But we are playing on a chess board that is
much bigger than any one case.
The rule of law also informs how we exercise the Attorney General’s authority to settle
litigation. Two different Persons
Again, we are not your typical litigant. For example, whereas a private defendant settling a
case is playing with his own money, we are negotiating with the taxpayer’s money.
We take very seriously our responsibility to the public fisc, particularly in cases where the
funds to pay a settlement would come out of the judgment fund instead of the “ client”
agency’s appropriated budget. "judgement fund"
The judgment fund is essentially an unlimited, permanent appropriation that allows the
Treasury to pay money judgments against the United States.
Agencies are naturally more cautious in settling litigation when they have to pay the
settlement out of their finite annual appropriation. At DOJ, we need to make sure that neither
we nor the jagency play fast and loose with the seemingly bottomless pot of money in the
judgment fund. That’s why I have asked our litigators to state in their settlement
memoranda where the money for a potential settlement would come from.
Protecting the public fisc is something the Attorney General takes seriously. He took a big
step in that direction last year when he prohibited DOJ from including so-called “third party
payments in settlements. Pretend that “third parties” means “Deep State”
In the past, DOJ had often included in settlements a requirement that the defendant pay
money to third parties - usually, non-profit organizations or interest groups - that were neither
parties in litigation nor victims of the conduct at issue in the case. “o eep state”
Over the years, the Department directed billions of dollars to organizations ranging from
universities to community redevelopment groups.
The Department also included cy pres clauses in some settlements, under which funds from
the Treasury were directed to third parties instead of back to the taxpayer.
One of the worst examples of this was in the Keepseagle case, where the Department settled
a suit against the government by creating a $680 million fund to pay individual claimants.
After all individual claims were paid out, a whopping $300 million was leftover. Under the
settlement’s cy pres clause, around 90% of these unclaimed funds will go to nonprofit groups
identified by a trust controlled by the plaintiffs’ counsel. That means that hundreds of
millions of dollars of the taxpayer’s money will be spent in ways never appropriated by
Congress, with virtually no oversight.
Third-party payments raise serious legal, policy, and ethical concerns. If a payment is
imposed as a penalty for misconduct, then it should be paid to the Treasury. Funds intended
to make victims whole should be paid to the victims. And even if one assumes that third-
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Envoy to office of trustee
RR111222333US-13 Trust
!!) in care of: #12345, maple street - 111, mapletown, iowa.

! ! j in c o n fid e n c e
Notice and Declaration of Disambiguation of Specie As Applies to John
Henry Doe Living Estate Trust in Exhibit D
Take notice and acknowledgement that "Declarant" does here define
what functional currency applies to him in all tax and banking business in the absence
of Federal Law, express notice, or express contractual terms. Declarant's functional
currency is peso amounts as defined below.
The currency, weights & measure following are provided by the U.S. Treasury
guidelines, and congressional record, United States Title 12 U.S.C. 1813(i)(l), The
Coinage Act of 1792, The Gold Standard Act of 1900, and the 73rd Congress on March 9,
1933. The following declaration of species of money are made about this notice unless
defeated by positive law or regulation set by the United States, Secretary of
Treasury, and Comptroller.
a. The Gold Dollar symbol here: (between the "" quotes) shall be defined as
23.22 grains of 90% pure gold by weight in accordance with the above referenced
The Gold Standard Act of 1900 and the Congressional Transcript of the 73rd
Congress March 9, 1933, see Exhibit D calculations as of April 25, 2017
exchange rates included herein by reference.
b. The symbol U S D $” shall be defined as "United States Dollars" and has the ISO
4217 numeric code of 840, and is currently worth USD$55 (4/25/17) per one
Gold Dollar.See Exhibit D, calculations as of April 25, 2017 exchange rates.
c. The Symbol (S with a single ][ thru it) shall means "peso amounts" ISO
Numerical code 484, current exchange value of 18.8* Mexican pesos (4/25/17) per
one United States Dollar USD$, or other Pesos including but not limited to 24
other "peso" denominated currencies worldwide shown in Exhibit D.

d. The word "Dollar" or "dollar" shall always means "Spanish Dollar" which is
"Pesos" — see above in c above.
e. "U.S. Dollar" "United States dollar" shall mean " USD$ " as defined above.
f. Also, the symbol without any further insignia or accompanied with any
unknown official symbols shall mean "sigil" of computer programming language by
which a computer software program generates the symbol and has zero intrinsic
money, commercial, or banking value but may be under Copyright or Trademark
protection by third parties unknown.
g. Anywhere a is found without currency designation, notice, express terms, or
can be inferred by words indicating the intended currency, or unknown symbols
that are not defined or included by www.xe.com included herein by reference in
Exhibit D, or by the authority of a top ten currency exchange, or unknown by
the ISO.org ISO 4217 shall be deemed a "sigil" at the sole discretion without
recourse by Declarant and paid accordingly. See Exhibit D "sigils".
*A11 exchange rates subject to change without notice.
IN WITNESS WHEREOF, i hereunto set My hand this_ _ _ _ _ _ _ day of

_ in the Year Two Thousand Seventeen of our Lord Jesus the Christ Advocate, and of
the year of independence of America the two hundred and forty=second.
(mark and impression)
OFFICE OF TRUSTEE

$ (disam big uation ) - W ikipedia 4/21/17, 2:06 PM
$ is M exican Peso o r U.S. Dollar

$ (disambiguation)
From W ikipedia, the free encyclopedia
$ is the d ollar or p eso currency sign (3 6 in A S C II), prim arily used to

V fy Look up $, $ , $ , or $
r ? p r e s e n ^ u ^ ? n a e ? ,l,,,,,,l,l,,,l,lll^ ^ ^ ™
\ ui in Wiktionary, the free
o . Kevword - "or" ® dictionary'.
Currency
■ D ollar, used in many countries
Contents
■ P eso, used in many countries
■ 1 Currency
■ Brazilian real, the currency o f Brazil
■ 2 M athem atics and computers
■ Nicaraguan cordoba, the currency o f Nicaragua
■ 3 M usic
■ Tongan pa‘anga, the currency o f the Tonga
■ 4 T elev isio n and film
■ Cape Verdean escu d o, the currency o f Cape Verde
■ 5 S ee also
■ Portuguese escudo (defunct), the currency o f Portugal prior to
the introduction o f the Euro
■ $ , the Cifrao, a sim ilar symbol
■ Surinam ese dollar, used by Suriname
■ United States dollar, used by the United States and several other countries
Mathematics and computers

$ is Sigils
■ $, a sigil (com puter programming) in computer programming
■ A factory m ethod for the JavaScript library JQuery
■ A notation for the Superfactorial (n $ )
Music
■ $ (Mark Sultan album ), the second solo studio album by garage rock/doo-w op musician Mark Sultan
■ D o lla r$ (soundtrack), the soundtrack album to the 1 9 7 1 Richard Brooks m ovie o f the same name
Television and film

■ $ h * l M y D a d S a y s, a CBS television com edy
■ $ (film ), also known as D o lla rs
See also
■ Dollar (disam biguation)
■ 3>
h ttp s://e n .w ik ip e d ia.o rg /w ik i/$_ (d lsa m b ig u a tio n ) Pa!

82 CO NG RESSIO NA L RECO RD— H O U SE M arch 9
w hen I filed th is bill w ith th e b ill clerk, T uesday, M a rc h 7, satisfied w ith a fa lse se c u rity a n d led by a fin an cial leader
1933. sh ip steep ed in selfishness a n d b lin d to shadow s casting
T h ere is n o t a n y q u e stio n b u t t h a t sooner o r la te r th e gold p re se n t e v en ts w ould h a v e n o n e of it. T h e B u rtn ess bill,
do llar is going to be re v a lu e d w ith a re d u c tio n of th e gold passed a y e a r o r m ore ago, w ould h a v e saved us from m uch
c o n te n t. T h e only questio n involved is w h e th e r w e a re of o u r p re se n t trouble.
going to red u ce th e gold c o n te n t in a n orderly w ay or a d is T h e w elfare of th e G o v e rn m e n t n eed s th is or som e other
orderly way. T h e o rd e rly w ay to do i t is honestly, fearlessly, sim ila r leg islatio n . I n a d d itio n to o u r governm ental fln an - ° =,,d Dollars‘ ‘ 1792
a n d fra n k ly to re d u c e th e c o n te n t a g iv en .am o u n t. T h e d is c ia l tro u b les, th e debts, p riv a te a n d public, in th is country Coinage Act. and 1900
orderly w ay is to b re a k loose a n d s t a r t p r in tin g c u rre n c y c a n n o t be p a id on th e basis of gold d o lla rs of 23.22 grains. Gold siandwd Act
w ithout a n y re g a rd fo r th e gold reserve. TH E BANKING EMERGENCY RELIEF ACT
T h e bill w hich I am in tro d u c in g in th e H ouse a n d w hich,
I u n d e rsta n d , S e n a to r C o n n a l l y w ill in tro d u c e in th e S e n
M r. S M IT H of W ash in g to n . M r. S p e a k er, ladies and gen
ate, provides fo r a n o u trig h t re d u c tio n of one t h ir d in th e tle m e n of th e H ouse, I s h a ll vote fo r th is m easure, although
gold c o n te n t of th e d ollar. T h is is follow ing th e orderly I should like to h a v e h a d a n o p p o rtu n ity to study and con
course. sid e r its provisions. I t h a s n o t b een possible to do th is
ow ing to th e f a c t t h a t th e bill h a s m erely been re a d to us
W e now have a p p ro x im ate ly $4,000,000,000 of gold in th e
by th e C lerk th is a fte rn o o n o n th e o pening day of th is special
•Gold Dollars- - T rea su ry a n d F e d e ra l R eserve, based u p o n gold do llars of
session, w ith o u t o u r being fu rn is h e d copies th ereo f, and the
1792 Coinage 23-22 g ra in s of gold each. W ith th is re d u c tio n of one t h ir d bill n o t bein g su b je c t to a m e n d m e n t a n d only 40 m inutes
Act and 1900 *n th e Bold c o n te n t, w e sh a ll h a v e a p p ro x im a te ly $6,000,-
allow ed fo r d e b ate. T h is is a m o st e x tra o rd in a ry situation.
000,000 of gold in th e T re a su ry a n d F e d e ra l R eserve. T h is
Gold standard a d d itio n al $2,000,000,000 in gold will p e rm it a n a d d itio n a l
H ow ever, we a re advised by P re sid e n t Roosevelt in his
m essage w h ic h h a s ju s t been re a d t h a t th e im m ediate p a s
Issuance of from two to five billion do llars in cu rren cy .
sage of th is leg isla tio n is a b so lu tely n ecessary in order to
B ased u p o n th e e stab lish ed ra tio of $1 of c u rre n c y fo r 40
re o p en th e b a n k s in th e N a tio n a n d provide th em w ith addi
c en ts’ w o rth of gold, th e se a d d itio n a l $2,000,000,000 o b tain e d
tio n a l a n d a d e q u a te c u rre n c y . W e a re f u r th e r inform ed by
by red u cin g th e gold c o n te n t one th ir d will p e rm it a d d i
o u r d istin g u ish e d m a jo rity le a d e r [M r. B y r n s ] t h a t th e S en
tio n a l c u rre n c y in th e a m o u n t of $5,000,000,000.
a te is now a w a itin g th e a c tio n of th e H ouse on th is p a r
If we s t a r t o u t p rin tin g c u rre n c y w ith o u t re g a rd fo r th e
tic u la r bill, a n d t h a t in o rd e r to re o p e n th e banks of th e
gold reserve, th e n in th e end, w h e n we fin d t h a t excessive
c o u n try o n to m o rro w i t m u s t be e n a c te d in to law today.
inflatio n destroys th e c o u n try a n d th e people, we sh a ll tr y
I sh all, th e re fo re , vote fo r th e bill, M r. S p eak er, because of
to g e t b a c k to th e gold sta n d a rd . T h e n we s h a ll fin d t h a t
th e se a ssu ra n c e s of our g r e a t P re sid e n t a n d o u r able leaders
we h a v e so m u c h c u rre n c y o u tsta n d in g t h a t we c a n n o t tie
in th is body.
it to o u r lim ited su p p ly of gold ex cep t b y re d u cin g th e c o n
te n t of th e gold d o lla r in p ro p o rtio n to th e in creased a m o u n t H ow ever, if tim e a n d o p p o rtu n ity h a d b e en afforded to do
of cu rren cy . T h a t m ay m e a n t h a t we sh a ll h a v e to decrease so, I believe t h a t th is leg isla tio n sh o u ld h a v e b een am ended
th e gold c o n te n t 50 p e rce n t, m aybe 75 p e rce n t, a n d m aybe o r re w ritte n to in clu d e th e S ta te b an k s s c a tte re d th ro u g h o u t
90 p ercen t. I t w ill all dep en d u p o n how f a r we c a rry th e th e lan d , w h ic h in m a n y co m m unities c o n stitu te th e sole
inflatio n d u rin g th e p e rio d t h a t o u r c u rre n c y is n o t tie d to b a n k in g fa c ilitie s enjoyed by th e people.
gold. I t m ay be t h a t we sh a ll do a s G e rm an y did b y going I hope t h a t th e a d d itio n a l c u rre n c y w h ic h m ay be issued
so f a r t h a t th e re is n o possibility of ty in g all of o u r o u t by th e n a tio n a l b an k s u n d e r th is a c t will re n d e r available
s ta n d in g c u rre n c y to gold, a n d we sh a ll be obliged to re p u d i th e c red it a n d fu n d s so sorely needed by th e bu sin ess a n d
a te a n d c an c el som e of o u r currency. In d u stria l in te re s ts of o u r c o u n try , in ord er t h a t th e re m ay
Now we a re going to h a v e som e in fla tio n o r m ore c u r be a re su m p tio n of o p e ra tio n s a n d em ploym ent f o r th e
rency. I t does n o t m ak e a n y difference w h e th e r every M em people. I f th e new c u rre n c y is n o t p laced in circ u la tio n ,
ber of C ongress, th e P re sid e n t, a n d everyone in th e U n ited th is legislation, m y colleagues, will fa il of its purpose, w hich
S ta te s is opposed to a n y Inflation, w e can n o t sto p th e in sh o u ld be to a id th e people r a th e r th a n th e banks.
evitable. T h e G o v e rn m en t h a s fo r 3 y ears b een sp e n d M r. S p eak er, we m u st h a v e a F e d e ra l g u a ra n ty of b an k
ing m ore m oney t h a n i t h a s ta k e n in by ta x a tio n . I t h a s d eposits law , so t h a t th e savings of o u r citizens a n d th e
been m eetin g th is deficit by borrow ing m oney fro m th e m oney of o u r m e rc h a n ts a n d b u sin ess m en in all th e com
banks. T h a t day is over. T h e b a n k s a re closed. Now th e m u n itie s of o u r la n d will be sa fe a n d secure. N ot u n til such
problem is, How is th e G o v e rn m en t going to g e t th e b an k s a F e d e ra l s ta tu te is passed a n d in force will com plete confi
open a n d keep th e m open, a n d n o t how a re th e b a n k s going d ence in o u r b a n k in g sy stem be re sto red , n o r th e fu n d s of
to provide c re d it fo r th e G ov ern m en t? t h e A m erican people p laced o n deposit in th e ban k s and
T h e in te re s t r a te of th e G o v e rn m en t on s h o r t- te rm loans e n ab le th e b a n k e rs to m a k e lo an s to finance th e tra n s a c
tio n s of business a n d in d u s try in th is co u n try .
increased fro m one e ig h th of 1 p e rc e n t la s t D ecem ber to
4.26 p e rc e n t la s t week. T h is m e a n s t h a t th e in te re s t r a te H O W TH E GOVERNMENT CAN SAVE AT LEAST $ 7 0 0 ,0 0 0 ,0 0 0
ANNUALLY— AND MAKE BANKS SAFE
of th e G o v e rn m en t h a s in cre ased th irty - fo u r tim es, or 3,400
p e rce n t d u rin g a p eriod of 3 m o n th s. W h en ev er in s ti M r. PATM AN. M r. S p e a k er, T h u rsd a y , M arch 9, CongTess
tu tio n s o r in d iv id u als fin d th e ir in te r e s t ra te s in cre asin g a t w as convened in e x tra o rd in a ry se ssio n ; i t is th e first session
such a p ro p o rtio n in su c h a s h o rt le n g th of tim e , one of tw o of th e S e v e n ty -th ird C ongress. T h e P re sid e n t subm itted a
th in g s is c e rta in : e ith e r th e ir c re d it is gone o r th e ir source bill w hich w as In ten d e d to a s s is t in th e opening of all the
of c re d it is gone. I n p la in E nglish, th e c re d it of th e U n ite d b a n k s in th e N atio n . A lth o u g h i t w as c o n tra ry to m any of
S ta te s h a s e ith e r been absorbed o r else its source of c re d it th e p rin cip les t h a t I h a v e a d v o ca te d fo r m a n y years, it con
is gone. A nyone know s t h a t th is G o v e rn m en t c a n n o t now ta in e d provisions I do n o t ap p ro v e a n d failed to go fa r
collect e n o u g h ta x e s to m e e t its p re se n t expenses. W h e n e n o u g h in o th e r w ays, I yielded a n d vo ted fo r th e bill; it
ever g overnm ents re a c h th e po sitio n w here th e y c a n n e ith e r w as a n em ergency m e a su re a n d sh o u ld h a v e been passed
collect e n ough ta x e s to m ee t th e ir expenses n o r borrow im m ediately. T h e p ro p o sa l em bodied one fe a tu re th a t I
enough to m ee t th e ir expenses, th e re is only one th in g le f t h a v e adv o cated fo r a long tim e , a n d t h a t w as th e issuance
fo r th em , a n d t h a t is to p r in t m oney. S u c h is th e position of a d d itio n a l c irc u la tin g m ed iu m . T h e b a n k s of th e Nation
of th e U n ited S ta te s ; a n d , w h e th e r we like i t o r n o t, th e re h a v e in fla te d c re d it o u t of p ro p o rtio n to th e a m o u n t of actu al
is going to be som e in fla tio n in o rd e r to m ee t th e obligations m oney. T h e re s u lt is th e b a n k s h a v e becom e indebted to
of th e G overnm ent. T h e q u e stio n is, A re we going to h a v e th e ir dep o sito rs to th e e x te n t of $45,000,000,000 a n d have in
in fla tio n tie d to gold o r n o t? T h is bill will p e rm it in fla tio n th e ir v a u lts less t h a n $1,000,000,000 to p a y i t w ith. T h e new
tied to gold, a n d t h a t w ill m e a n som e c o n tro l. T h e re is law will cause th e p rin tin g pre sse s a t th e B u re a u of E ngrav
n o th in g new a b o u t th is bill. I t is th e B u rtn e ss bill w hich ing a n d P rin tin g h e re in W a s h in g to n t o p r in t m ore money
h a s been before C ongress fo r 4 or 5 y e ars. A people a n d f u r n is h i t to th e b a n k s. O n e d a y th is w eek th is B ureau
HeinOnline — 77 Cong. Rec. 82 1933

1 8 9 6 B e a g j i ^ | lf lL a w o f T e n d e r
TENDER.
§ 297. Tender defined. § 320. Conditional tender.

298. N ecessity of tender—Illustra 321. The same subject continued.
tion. 322. Giving receipt.
299. W hat constitutes a tender. 323. To whom a tender should be
300. Statutory rules. made.
301. Method of tender. 324. Tendering at a bank.
302. Continued readiness to pay. 325. Tendering to an attorney at
303. The same subject continued. law.
304. Time of tender. 326. Tender of money into court.
305. Notes and bills. 327. By whom a tender may be
306. Ordinary contracts. made.
307. Tender of delivery of goods. 328. Tender under protest.
308. Producing the money. 329. Place of tender.
309. Further illustrations. 330. Unliquidated damages.
310. Production of the money on a 331. Effect of tender.
mortgage. 332. The same subject continued.
311. Money available for tender. 333. Further illustrations.
312. Power of congress to pass legal 334. V endee’s tender and demand
tender acts. of performance.
813. W aiver of defect in tender. 335. In cases of pledge and mort
314. Tender of note or check. gage.
315. Contracts payable in gold or 336. Tendering back borrowed
silver dollars. stock.
316. Amount of tender. 337. Tendering railroad fare.
317. The same subject continued. 338. Tender excused.
318. S u f f i c i e n c y of a m o u n t — 339. Questions of practice.
Waiver. 340. Touching costs.
319. Tender on severable debts.
§ 297. Tender defined.— ‘‘T e n d e r/' in its technical applica

tion, has reference to the discharge of debts and contracts to
pay money, but sometimes it is used in reference to perform
ance generally. Some m isapprehension or confusion appears
to have arisen from the mode of expression used in the books
in of a tender or ofier by the p arties-3oi-
(3 7 7 )
378 TEN D ER .
as applicable to cases of m utual and concurrent promises.

The word “ tender,” as used in such a connection, does not
mean the same kind of offer as when used with reference
to the paym ent or offer to pay an ordinary debt due in m oney,
in cases where the m oney is offered to a creditor entitled to
receive it and noth in g further rem ains to be done, the trans
action thereby being completed and ended; but it then means a
readiness and w illin gn ess, accompanied with an ab ility on the
part of one of the parties, to do the acts w hich the agreement
requires h im to perform, provided the other w ill concurrently
do the th in gs w hich he is required by it to do, and a notice by
the former to the latter of such readiness. Such readiness,
ability, and notice are sufficient evidence of, and indeed con
stitute and im ply an offer or tender in th e sense in which
those terms are used in reference to agreem ents generally. It
is not an absolute unconditional offer to do or transfer any
thing at all events, but is in its nature cc
§ 298. Necessity of tender—Illustrations.— Before a cor

poration can sue on its stock subscriptions it m ust tender stock
to the subscribers.* A real tender is a condition precedent,
sine qua non, to authorize a su it to rescind a judicial sale;
when it is alleged, denied and not proved, the p lain tiff’s
action m ust be dism issed.* An offer in w riting to pay the
purchase price of land is such a com pliance w ith a land
contract as to cast on the vendor the necessity of tendering a
deed.4 A party is never under the necessity of accepting a
1Smith v. Lewis, 26 Conn. 110, 110, Adams v. Williams, 2 Watts & Ser
120; Cook v. Doggett, 2 Allen, 439, geant, 227; Holloway v. Davis, Wright
41; Irvin v. Gregory, 13 Gray, 215; (Ohio), 129; Taylor v. Rhea, 10 Minor
Browning v. Board of Comrs. Owen (Ala.),414; School Districtr. Rogers, 8
County, 44 Ind.11; Lynch v. Jennings, Iowa, 316; Berryliill v. Byington, 10
43 Ind. 276; Morton v . Lamb, 7 T. R. Iowa, 223; Winton v. Sherman, 20
121; Rawson v . Johnson, 1 East, 203; Iowa, 295.
Waterhouse v. Skinner, 2 Bos. & Pull. 1 Farquhar r. lies, 39 La. Ann. 874.
447; Ferry v. Williams, 8 Taunt. 62; * Peekham v . Stewart, 97 Cal. 147; 31
N o r w o o ^ g p ^ ln ^ t p y y ^ r l^ y 2020 Pac. Rep. 928. -302-
* Courtright v . Deeds, 37 Iowa, 503;
§§ 299, 300 TE N D E B . 379
tender u n til it is d ue.1 Accordingly a tender made before the

m oney is due is void as well as unnecessary.*
§ 299. What constitutes a tender.— An offer to buy a claim

is no tender. T hus a mere offer by the debtor to buy the
notes and m ortgage given by him to secure a debt, before a
sale by the mortgagee, w ill g ive no equitable ground for setting
aside the sale and allow ing a redemption.* Nor is the mort
gagee bound to accept w hat is due him , and assign his notes
and m ortgage to the person offering to pay h im .4 And a tender Intent!
m ust alw ays be made with an intent to extin gu ish the obliga
tio n .8 A mere allegation in a pleading that one tenders is no
tender;8 and an offer, during vacation of court, to pay damages
in a pending action, does not constitute a tender.7
§ 300. Statutory rules.— The Utah statute w hich declares

that “ an offer in w riting to pay a particular sum of money is,
if not accepted, equivalent to the actual production and tender
of the m o n e y /’ does not apply to a tender unless made in good
faith, w ith ability to produce the money.* The California civil
code provides that unless an offer of performance be accepted,
1 Patch v . Collins, 158 Mass. 468 ; 33 36 Pac. Rep. 202, where the coart said:
N. E. Rep. 567. “ Ordinarily, where a party makes a
* Berry Bros. v. Davis, 77 Terras, tender, independently of the statute,
191; Haskell r. Brewer, 11 Maine, he must actually produce the money
258; Ashburn v. Poulter, 35 Conn. to the creditor. It must be in sight,
553; Wheeler v. Woodward, 66 Pa. capable of immediate delivery, and
St. 158; Wright v. Behrens, 39 N. J. the creditor be allowed a reasonable
Law, 413; Eaton r. Wells, 22 Hun, time to determine the amount due,
123; Francis v. Deming, 59 Conn. 108; and to decide whether he will accept.
Pennypacker r. Umberger, 22 Pa. St. A tender in writing under the statute
492; Peoples’, etc., Bank v. Norwalk, is ‘equivalent to the actual produc-
56 Conn. 547; Emerson v. White, 10 tion and tender of the money.’ To
Gray, 351. have this effect, however, the party
* Magnusson v. Williams, 111 111. tendering must have the ability to
450. produce it, and must act in good faith.
4 Handy v. Munsell, 109 111. 362. Nor does such a tender deprive the
8 Chielhovich v. Krauss (Cal.), 11 creditor of the allowance of a rea-
Pac. Rep. 781. sonable time in which to ascertain the
•Alexander v. Oneida County, 76 amount due, and to determine whether
Wis. 56; 45 N. W. Rep. 21. he will accept; and if he accepts, and
7 Strusguth v. Pollard, 62 Vt. 157; the debtor fails to produce the money,
19 Atl. Rep. 228.. his tender will be of no avail. Start- -303-
• H yam s/ B a rn ^ ^ r^ rff?ri^^3?,°3; up v. MacDonald, 46 E. C. L. 593;
380 TE N D E R .
the th in g to be delivered need not be actually produced, and

declares that all objections to the mode of an offer w hich could
be stated at the tim e to the person m aking the offer, and could
be then obviated by h im , are w aived u n less then stated. It is
held that, in case of an offer to pay m oney, actual production
of it is w aived u nless dem anded at the tim e.1
§ 301. Method of tender.— It is not every offer to deliver that

am ounts to a tender. The offer m ust be made under circum
stances w hich g iv e to the other party the opportunity of ex
am in in g and receivin g the th in g tendered. T hus an offer to
deliver a large quantity of oil to a person in the h igh w ay is no
tender.* If a th in g be locked up in a box, so that the party to
whom it is show n can not open it or see the contents, it is not
properly tendered.* T he courts of C alifornia4 and Iow a5 allow
a tender to be made in w riting w ithout the actual production
Moynahan v. Moore, 9 Mich. 9; 77 out plaintiff having touched or count

Am. Dec. 483; Proctor v. Robinson, 35 ed it; that plaintiff then gave M. the
Mich. 284; Smith v. Walton, 5 Houst. note, on which he indorsed the in
141, Shugart v. Pattee, 37 Iowa, 422. terest, and M. then paid the interest
Where a person makes a tender in to that time. Held , that this testi
writing, the Btatute excuses him from mony did not snow a payment or ten
actually producing the money at the der, authorizing the direction of a
time of making the tender, but it ex verdict for defendant L.”
cuses no other act or requirement on 1 Green r. Barney (Cal. 1894), 36
his part which would be necessary to Pac. Rep. 1026, applying §§ 1496,1501,
make a valid tender, independently of the civil code.
of the statute. To hold otherwise * Startup v. Macdonald, 6 M. & G.
would be to turn the statute, which 593, where the court said: “ In such
wgs intended as a mere convenience, a case it would be improper to say
into an instrument of fraud to hinder that which the jury have said here,
and delay creditors in the collection that a tender had been made at all.
of their claims. In Mclnerney r. There would, indeed, have been an
Lindsay (1893), 97 Mich. 238; 56 N. offer to deliver, but an offer under
W. Rep. 603, in an action on a note circumstances which made acceptance
executed by M. and L., the latter, an impossible. Such an offer would be
accommodation maker, defending, altogether nugatory and delusive and
plaintiff testified that when the note certainly would not amount to a ten
was due M. came to his house, laid der.”
some money on the table, and said he * Isberwood v. Whitmore, 10 M. &
wanted another year, to which plaint W. 757, 764, per Parke, B.
iff r< P 1b o p y a i m e d ' ^ e l D ru ary 2 ^ 2 & ° ’
4 TIerberger r. Husman, 90 CaL.58»3.
whereupon M. took the money, with ®Casady v. Bosler, 11 Iowa, 242.
§ 302 TENDER. 381
of the thing. But this method is strictly construed and if the

tender is not made by a sufficient instrument in writing, the sencj y OU
thing must be actually produced.1 If there be any fraud jn
in a sale, the buyer is not required to tender back every- mail.
thing he received before he can rescind; a few minor things
may be paid for in money, if consumed, while the bulk is
tendered.* Where a person said to the sheriff who held an ex
ecution against his goods: “I tender you eighty dollars for
that judgment,” it was held a tender properly made.* A ten
der of chattels, or other property not money, in order to be a
bar to an action, or amount to payment, must be made in such
manner as to vest the property in the creditor and enable him
to recover its possession in a future action.* And as of course
a payment of money into court is always a proper form of
tender.*
§ 302. Continued readiness to pay.—Tenders are always to be

considered stricti juris; if a tender is not legal in every respect,
even a court of equity will not support it, nor supply a defect.
Nor are tenders more favored at law; the rules which govern
them are strict, and must be strictly applied.* Therefore a
tender must always be kept good.7 “ The principle of the plea
of tender is, that the defendant has performed, so far as he
could perform, his part of the contract, by being always ready
to pay the debt, and actually offering to do it, but this replica
tion shows that there was a time when the defendant was not
ready to perform his part, viz., when the demand was made of
1 C a s a d y v . B o s le r , 11 I o w a , 2 4 2 . co u rt s a id : “ I f a t e n d e r i s n o t le -
* H i l l v . W il s o n , 8 8 C a l. 9 2 ; T a r k - g a l, a c o u r t o f e q u it y w ill n o t s u p p o r t
in g t o n v . P u r v is , 128 I n d . 1 8 2 ; 25 i t ; n o r s u p p ly a d e f e c t o f a t e n d e r
N . E . R e p . 879. a g a in s t a r u le o f la w , u n le s s p e r h a p s
* P a r m e n t e r v. F it z p a t r ic k , 14 N . Y . w h e r e fr a u d is u s e d to p r e v e n t i t . ”
S u p l. 7 4 8 . H o y t v. H a ll, 3 B o sw . 42.
* H u g h e s v. E sc h b a c k , 7 D . C . 66. 7 O d u m v. R u t le d g e , e t c ., R . C o ., 94
‘ L o u g h b r id g e r . I o w a L if e I n s . C o ., A la . 4 8 8 ; M c L e lla n d r . C o o k , 94
84 Io w a , 141; 50 N .W . R e p . 568. S e e M ic h . 5 2 8 ; D o d g e r . F e a r e y , 19 H u n ,
S a n d e r s v. B r y e r , 152 M a s s . 141. 2 7 7 ; B r o o k ly n B a n k v. D e G r a u w , 23
* K i n g r . F in c h , 6 0 I n d . 4 2 0 , 4 2 3 ; W e n d . 3 4 2 ; R o o s e v e lt v. B u l l ’s H e a d
S h o t w e ll v . D e n m a n , C o x e , 1 7 4 ; L it- B a n k , 45 B a rb . 5 7 9 ; B e c k e r v. B o o n ,
t e l l r . N ic h o ls , H a r d i n , 6 6 ; G a m m o n 61 N . Y . 3 1 7 .
*. S to n e , 1 V e s . S e n . 339, w h e r e th e
When you receive the notice of acceleration and the debt is due, that’s when a
bill of exchange or Tender with specie is required. Or, Serve Your Notice of
the Right to the Equity of Redemption as Mortgagor.

Digitized by k ^ o o Q i e
$§ 311, 312 TEN DER. 391
that it was so made

it« at the time to be a
to be in
X 11 m
lU ll I d iguish it tgag< >t de
pendent u IP disci arge, or any
other contingency. And the holder must, in every case, have
a reasonable opportunity to look over the mortgage and ac
companying papers, to calculate and ascertain the amount due;
and if such papers are not present, he must be allowed a rea
sonable time to get them and make the calculation. He can
not be bound, under the penalty or at the hazard of losing his
entire debt, to carry at all times, in his head, the precise
amount due on any particular day.1
§ 311. Honey available for tender.—Legal tender is regu- 1-Art. 10 of

lated by act of congress. The following is the substance of the constitution
legal tender acts: No foreign gold or silver coins are a legal
tender in payment of debts.1 Gold coins of the United States
are a legal tender in all payments at their nominal value when
not below the standard weight provided by law for the single
piece, and when reduced in weight below such standard are a
legal tender at valuation in proportion to their actual weight.*
Coin is
nominal value for any amount not exceeding five dolli State
one payment.* The minor coins of the United States are a le- P ° wer> n° t
gal tender at their nominal value for any amount not exceed- a
ing twenty-five cents in any one payment.8 United States
notes are lawful money, and a legal tender in payment of all
debts, public and private, except for duties on imports and in
terest of the public debt.8 Also certain demand treasury notes
are legal tender.7
§ 312. Power of congress to pass legal tender acts.—Con

gress has the constitutional power to make the treasury notes of
' P o t t s v . P la i s t e d , 3 0 M ic h . 149. •R ev . S t. (1 8 7 8 ), §3584.
S e e , a ls o , H a n n o n t>. M a g e e , 57 M is s . •R ev . S t. (1 8 7 8 ), §3585.
4 1 0 ; H a l l v . N o r w a lk C o ., 5 7 C o n n . 4 R ev. S t. (1 8 7 8 ) , § 3 5 8 6 .'
1 0 5 ; B h e r e d in e v. G a u l, 2 D a li. 19 0 ; •R ev . S t. (1 8 7 8 ), §3587.
B r o w n v. G ilm o r e , 8 M a in e , 1 0 7 ; B e n •R ev . S t. (1 8 7 8 ), §3588.
s o n v. C a r m e l, 8 M a in e , 110. 7 R ev. S t. (1 8 7 8 ), § § 3 5 8 9 -9 0 .
Copy Claimed February 2020 ^ i , -306-

392 TENDER. § 313
But does NO T have power to declare coin, that is reserved to State.
the U nited States a legal tender in paym ent of private debts,
in tim e of peace as w ell as in tim e of war.1
§ 313. Waiver of defect of tender.— It is well settled that a

tender in bank notes-is good, unless objected to on the ground
that th ey are not legal tender.* T hus where national bank
notes were tendered and no objection was made on that ground
it was held a good tender.' And where a person has previ
ously agreed to take bank b ills he m ust do so and can not in
sist on a legal tender.* W here a debtor sent b ills of a certain bank
to h is creditor to take up a note, but the creditor refused to
deliver up the note w hile at the same tim e he retained the
b ills, and the bank failed the n ext day, it was held the creditor
1Juilliard v. Greenman, 110 U. S. from the English court of chancery

421, where the court said: “ It ap an injunction against the issue in
pears to us to follow, as a logical and England, without his license, of notes
necessary consequence, that congress purporting to be public paper money of
has the power to issue the obliga Hungary. (Emperorof Austriar.Day,
tions of the United States in such 2Giff.628.) The power of issuing bills
form, and to impress upon them of credit, and making them, at the dis
such qualities as currency for the cretion of the legislature, a tender in
purchase of merchandise and the pay payment of private debts, had long
ment of debts, as accord w-ith the been exercised in this country by the
usage of sovereign governments. The several colonies and states; and dur
power, as incident to the power of ing the Revolutionary War the states,
borrowing money and issuing bills or upon the recommendation of the con
notes of the government for money gress of the confederation, had made
borrowed, of impressing upon those the bills issued by congress a legal
bills or notes the quality of being a tender, the exercise of this power
legal tender for the payment of pri not being prohibited to congress by
vate debts, was a power universally the constitution. It is included in
understood to belong to sovereignty, the power expressly granted to borrow
in Europe and America, at the time money on the credit of the United
of the framing and adoption of the States.” Maryland v. Railroad Co.,
Constitution of the United States. 22 Wall. 105; Railroad Company r.
The governments of Europe, acting Johnson, 15 Wall. 195; Legal Tender
through the monarch or the legisla Gases, 12 Wall. 457; Dooley v. Smith,
ture, according to the distribution of 13 Wall. 604. Contra, Hepburn r.
powers under their respective consti Griswold, 8 Wall. 603. See McCnlloch
tutions, had and have as sovereign a v. State of Maryland, 4 Wheat. 316.
power of issuing paper money as of * Koehler v. Buhl, 94 Mich. 496;
stamping coin. This power lias been Fosdick v. Van Husan, 21 Mich. 567;
distinctly recognized in an important Beebe v. Knapp, 28 Mich. 53; Lacy
modern case, ably argued and fully v. Wilson, 24 Mich. 479.
fM?<fcmperor of * Koehler v. Buhl, 94 Mich. 4<*r.307-
Austria, as King of Hungary, obtained * Warren v. Mains, 7 John. 476.
394 TENDER. §§ 315, 316
tender.1 It seems that a certified check m ay alw ays be ten

dered, if not objected to on that ground,* and so m ay a certif
icate of deposit.* But a debtor h oldin g h is creditor's over-due
prom issory note has no righ t to tender it in paym ent of h is
debt.* And a party to whom a check is sent in paym ent m ay
elect to sue before he sends it back.*
§ 315. Contracts payable in gold or silver dollars.— Express

contracts payable in gold or silver dollars can on ly be satis
fied by the tender and paym ent of coined dollars, and a tender
of notes of the U nited States declared to be a legal tender in
paym ent of debts is not a good tender; such contracts can
only be discharged by the paym ent of specie. T he legal tender
§ 316. Amount of tender.— A tender is not ol
is otherwise if the tender be made in bank bills.* And a tender

of a larger sum requiring change is not a good tender of a
sm aller sum.* A demand of m oney tendered, in order to have
xMcGrath v . Gegner (1893), 77 Md. also, In re Steam Stoker Co., L. R. 19

331; 26 Atl. Rep. 502, where the court Eq. 416; Towson r. Havre de Grace
said: “ And such being the case, we Bank, 6 H. & J. 47; Wilmarth v.
take it to be well settled that, where a Mountford, 4 Wash. C. C. 79; Walsh
tender is made, whether it be by or v. St. Louis Exposition, 101 Mo. 534.
dinary bank notes or by a check on a 6 Trebilcock v. Wilson, 12 Wall. 687;
bank, and the tender is refused, not Bronson v . Rodes, 7 Wall. 229; But
because of the character or quality of ler v . Harwitz, 7 Wall. 258; McGoon
the tender itself, but on other grounds, r. Shirk, 54 111. 408.
the tender thus made and refused will 7 Patterson v. Cox, 25 Ind. 261; Tra
be considered in law a lawful ten cy r. Strong, 2 Conn. 659; Bevans p.
der.*’ Rees, 5 M. & W. 306; Dean r. James,
* Harding v. Commercial Loan Co., 4 B. & Ad. 546; Downing v. Plate, 90
84 111. 251. 111. 268 ; 8 Cent. L. J. 283; Nesbit r.
•Gradle v. Warner, 140 111. 123; 29 Hanway, 87 Ind. 400.
N. E. Rep. 1118. 8 Hubbard r. President Chenango
4 Barker v . Walbridge, 14 Minn. Bank, 8 Cow. 88.
469; Cary v. Bancroft, 14 Pick. 315; 8 Robinson v. Cook, 6 Taunt. 336;
Bellows v. Smith, 9 N. H. 285. C o n tr a , Betterbee r. Davis, 3 Camp. 70, where
he mayQC'pê§Jlairftfc«bFBbfijM^.28J20 the court said: “ If I tender ar3Q0tn
6 Hough v. May, 4 A. & E. 954. See twenty guineas in the current coin of
Tender in the Sum Certain Amount in the specie of credit on account
loaned.
§ 317 TENDER. 395
the effect, if not complied with, to avoid the tender, m ust be of

the precise sum tendered.1 But in all cases of redemption of
mortgaged property, when the court is satisfied that the party
has tendered or offered what he believed to be the true amount,
and when he offers to pay whatever amount the court may find
to be due, a party is not to be turned out of court because he
was unable to tender the exact amount.*
§ 317. The same subject continued.— A tender of less than

the sum due is not sufficient.* Where the debtor had brought
into court what he supposed justly due on the claim, and the
costs up to that time, and upon the trial it appeared that he
had brought in too little by forty-one cents, and the trial court
directed the jury that they m ight find a verdict for the debtor,
if the balance appeared to them a mere trifle, and they found
accordingly, a new trial was granted for the misdirection of
the judge.4 In Iowa a tender of a less amount than due is
sufficient to discharge the debtor from costs and interest un
less objection is made to the amount.* A tender in admiralty
the realm, this may be a very good ten when properly applied, a correct
der of fifteen, for he has only to select maxim. But to thiB point it is not ap
so much and restore me the residue. plicable. In calculating interest, there
But a tender in bank notes is quite dif may be, and probably must arise, frac
ferent. In that case, the tender may be tions not to be expressed in the legal
made in such a way that it is physically money of account. These fractions
impossible for the creditor to take what are trifles, and may be rejected. In
i9 due and return the difference. If £3 making payments, it is sometimes not
10s could be tendered by a note for £6, possible, from the value and divisions
so it might by a note for £50,000.” of the current coin, to make the exact
1Town of Thetford v. Hubbard, 22 sum. If the payment be made as near
Yt. 440. ly as it can conveniently be made the
* Downing v. Plate, 90 111. 268 ; 8 fractional part of a small coin may be
Cent. L. J. 283; Nesbit v. Hanway, 87 neglected; it is a trifle. But the pres
Ind. 400. See, also, Wade’s Case, 5 ent case is not one of these trifles. A
Co. 114; Astley v. Reynolds, 2 Str. man may Bue and recover on a note
916; Douglas r. Patrick, 3 T. R. 683; given for forty cents; also on a larger
Dean r. James, 4 B. & Ad. 546. note where forty cents remain un
1 Smith v. AnderS, 21 Ala. 782; Ba paid.”
ker v. Rowell, 3 Strob. 25; Patnote v. 5 Sheriff v. Hull, 37 Iowa, 174; Guen-
Sanders, 41 Vt. 66; Dixon r. Clark, 5 gerich v. Smith, 36 Iowa, 587; Hay
C. B. 365. ward v. Munger, 14 Iowa, 516. But it
* Boyden v. Moore, 5 Mass. 365, does not preclude plaintiff from recov
where gffl9M allC ^ p e|5fti^yj 5 a . at ering whatever sum is due him. J,
the law will not regard trifles is, Guengerich v. Smith, supra.
Mortgage
Missed Opportunities to avoid foreclosure - waiver and
consent
List of ways in which waiver and consent worked against you about your mortgage.
1. signatures unrestricted
2. no advance notice of trust on deposit of chattel
3. no receipt signed by agent for deposit of chattel
4. 72 Hour Rescission Period waived
5. No RESPA or TILA request
6. No request for Federal Reserve Forms filed
7. No Forensic audit done tracing your mortgage, after all, it’s yours.
8. You paid so many years without notice of right of subrogation
9. You didn’t perfect your interest in the Note, Nor Land, Nor Escrow
10. You didn’t tender 21 silver coin to Bank CFO for discharge of mortgage
11. You didn’t revoke power of attorney, nor rescind conveyance for failure to disclose to
surety
12. You didn’t have your own name Order and stop them from putting fake names on the
mortgage
13. You didn’t sign the Warranty Deed, it became marketable, and you gave it to them
freely
14. Correct Address PS-3575 All Childhood A ddresses.
15. You didn’t Sue them when in receipt of Notice of Default.
16. You didn’t surcharge your Table of Interest to include in your bill for redemption
17. You didn’t express the trust giving the Fee Tenant the Possessory rights.
Copy C la im e d F e b ru a ry 2 0 2 0 -31 0-
A nnex Eight
iiijjj N o t ic e o f D e c la r a t i o n o f a n A b s o lu t e D e e d T o B e a M o r t g a g e ab i n i t i o M a rch 9, 1933
In Re: T h e Pres i dent o f t h e U n i t e d S ta t es ’ E m e r g e n c y B a n k i n g R e l i e f Act, “ Federal Re ser ve Bank

N o t e s ” here i na ft e r “F R B N ” (12 U. S. C. 9 5a) p a ss e d by 7 3 rd C o n g r e s s M a r c h 9, 1933.
T o all to w h o m the s e p r e s e nt s shall c o me , Greeti ngs:
The Pres i dent o f t h e U n i t ed States, )

Re s p o n d e n t s : The U n i t e d States Tr ea sur y, ) Jointly/severally grantees and
The C o m p t r o l l e r o f the Cu r r e n c y , ) mortgagees hereinafter
The Uni t e d States G o v e r n m e n t at Large, j rantecs rincipa s
D o e , J o h n H e n r y a n d J u n e M a r y , pri vate civilian c itizens o f the Un i t e d S t a t e s/ l o wan

F r o m: na t i onals, heirs to ori ginal g r a nt or s / mo r t ga g o r s o f collateral security, herei naft er
“ R e d e e m e r s” .
T a k e n o t i c e a n d a c k n o w l e d g e m e n t t hat the b e l o w scribed D o e , J o h n H e n r y a n d J a n e M a r y , j oi nt l y and

severall y, pri vate civilian cit izens o f t h e U n i t e d St a t e s/ I owan nati onals, n o w c o i n i ng as “R e d e e m e r s” , h e r e b y declare
that they expres s the g r a nt o f a dee d a b so l u t e o f c o n v e y a n c e o f a collateral to s ec ur e a d e b t for the “ Federal Reserve
B a n k N o t e s ” p r o ta n to (“ F R B N ”) a n d publ i c credi t sy s t e m at La r ge p ass ed by C o n g r e s s for the E m e r g e n c y Banki ng
R e l i e f A c t (12 U S C 95a) w h e r e it is st ated o n the H o u se Door o f the 7 3 rd C o n g r e s s Record, p a g e 8 3 , 1 9 3 3 , incorporated
herei n b y ref er enc e (48 Stat 1 at La r g e) j said FRBN1 w ill re p re se n t a m o rtg a g e o n a l l th e h o m e s a n d o th e r p ro p e rty
o f a l l th e p e o p le in th e N a t io n ”, R e d e e m er s, n o w c o m i n g as thi rd party i nt erveners a n d sureties, un r e p r es e n t e d and
non- r epr esent at i v e , in esse s u i ju r is , a n d u n i n c o r po r a t ed capaci ty to per f ec t title a nd interest as wel l as to protect
agai ns t t he un j u s t e n r i c h me n t to t h e G r a n te e s/P r in c ip a ls, a n d w e d o h e r e b y i n v o k e o u r equi t abl e ri ghts to declare our
p l e dg ed said collateral fo r said F R B N to be a d e e d ab so l u t e out o f w h i c h arises a n equi t abl e m o r t g a g e in favor o f
R ed e e m e r s a gai ns t G r a n te e s/P r in c ip a ls as debtor /t rust ees and, n o w as a m a t t e r o f c o u r s e t he Gr ant or s d e m a n d the
m e r g i n g o f t he titles: R e d e e m e r s further o r d e r a n d d e m a n d Gr a n t ee s / Pr i n c i p a l s to di s c h a r g e a n d exti ngui s h the liens,
levies, sei zures a n d ob l i ga t i ons at t a ch e d to R e d e e m e r s ah in itio a n d ret urn their se c u r e d interests, any/all collateral,
p a yme n t s , rents, int erest a n d securities for F R B N o f pri ncipal debtors. All r e m a i n d e r a n d rever sionar y interest is
a s s i gned “ re s ” title “R R 1 1 1 2 2 2 3 3 3 U S -1 1 ” an d is to be sa f e g u a r d e d by Grant e e s / Pr i nc i pa l s in the interim waili ng
f ur t her i nd e n t ur e d instruct ions. In Wi t ne s s W h e r e o f , i h e r eu n t o set M y h a n d this da y o f in
t he y e a r T w o T h o u s a n d Sixt een o f o u r L ord J e su s t he C h r ist A d v o c a te an d o f t h e i n d e p e n d e n c e o f the Soverei gn
Un i o n c ount r y o f T h e U n ited S ta te s o f A m e r ic a the t w o h u n d r e d and fortieth o n/ at / near Ma p l et o wn , State o f Iowa
Un i o n me m b e r .
D oe, J u n e M a r y . D oe, J o h n H e n ry .
All Ri ght s Reserved. All Right s Re s e r v e d
The Declaration of In d e p e n d e n c e at Large, 4 July, A. D. 1 7 7 6 'n

The United States of Ameri ca at Large, 15 December, A. D. 1791 I
, ^ r, ,
Herein t h e State of Iowa at Large, 11 May, A. D. 1858
r*r, }( Subscribes and affirm s Acknow ledgm ent
Herein the Maple c ounty at Large, 11 May, A. D. 1 8 5 8 )
This in stru m e n t is a c k n o w le d g e d b e fo r e m e on _ by D o e . J o h n H e n r y & J a n e M a r y .

[seal]
N otary Public - sign atu re

My c o m m issio n ex p ires _

N otice o f Subrogation and Sub stitu tion o f C red itors to
Social Security A ccount N u m bers |
In Re: The Social Security Administration Social Security Account Numbers xxx-xx-HH f°r
principal debtor “JANE M DOE” and “JANE MARY DOE”, and x x x - x ||H for principal
debtor “JOHN R DOE” and “JOHN HENRY DOE” hereinafter “Accounts” (debtors,
hereinafter “Debtors”);
The Social Security Administration, )

Respondents: The Department of Treasury, Internal Revenue Service, ) Jointly/severally subrogors
The United States Government at Large, ) hereinafter “Subrogors”
It’s officer, agents, assigns, and liaisons, similarly situated )
persons; )
D oe, J o h n H e n r y and J a n e M a r y , private civilian citizens of the United States/Iowan
Claimants: nationals, heirs, equitable sureties for Debtors, and now, subrogees to Debtors’ creditors
(hereinafter “Subrogees”) to the rights of the above referenced Subrogors.
Take notice and acknowledgement that the undersigned, we, D o e , J o h n H e n r y and J a n e M a r y , jointly and
severally, private civilian citizens of the United States/Iowan nationals, contributing heirs and implied sureties for the
above referenced insolvent principal debtors, now coming as subrogees, hereby solemnly certify and declare that due
to liability and compulsion to pay on behalf of Debtors, and to protect of our good names, fraudulent concealment,
duress, mistake, implication, and/or compulsion we n o w intervene as non-technical implied sureties on behalf of above
referenced principal Debtors, and, and to protect against the unjust enrichment to the Subrogors, we, Subrogees, do
hereby invoke our equitable rights to subrogation and substitution to the rights of all Creditors-Subrogors. Subrogees
do hereby subrogate and substitute to the above referenced Accounts’ Creditors concerning all transactions at initio
of the principal Debtors. Now as a matter of course, Subrogees order Creditors-Subrogors to discharge and extinguish
the liens, levies, seizures and obligations against Debtors and Subrogees, and restore to Subrogees Creditors’ secured
interests, any/all Subrogees’ collateral, payments, rents, interest and securities of Accounts of principal Debtors.
In Witness Whereof, i hereunto set My hand this day of in the year Two Thousand
Sixteen of our Lord Jesus the Christ Advocate and of the independence of the Sovereign Union country of The
United States o f America the two hundred and fortieth on/at/near the City of Mapletown, State of Iowa Union
member.
D oe , J a n e M a r y , subrogee, D o e , J o h n H e n ry , subrogee,
private citizen of the United States. private citizen of the United States.
Without prejudice. Without prejudice.
The Declaration of I ndepe nde nc e a t Large, 4 July, A. D. 1776

The United States of America at Large, 15 December, A. D. 1791
Subscribes and affirms Acknowledgment
Herein the State of Iowa at Large, 11 May, A. D. 1858
Herein the Maple county at Large, 11 May, A. D. 1858
This instrument is acknowledged before me on__________ by D o e , Jo h n H e n ry & Ja n e M a ry .

|seal|

My commission expires _
lopy Claimed February 2020

M n Form s laws Rule 81.01, FO R M 23
M innesota Rules o f C ivil Procedure
A p p e n d ix A --S p e c ia l Proceedings U n d e r Rule 81.01
Following is a list o f statutes and special proceedings which w ill be excepted

fro m these rules insofar as they are inconsistent o r in co n flict w ith the
procedure and practice provided by these rules:
Minn. Stat. (1996)

64B.30 Q u o w a rra n to against fraternal benefit association
67A.24I Q u o w a rra n to against to w n mutual fire insurance company
Chapters I0 3 A - II0 A Drainage
C hapter I 17 Eminent domain proceedings
(see also Gen. R. Prac. 141)
C hapter 209 Election contests
C hapter 253B C ivil co m m itm e nt
C hapter 259 A d o p tio n ; change o f name
C hapter 271.06(7) Proceedings in tax c o u rt
C hapter 277 D elinquent personal p ro p e rty taxes
C hapter 278 O bjections and defenses to taxes on real estate
C hapter 279 D elinquent real estate taxes
284.07 to 284.26 A ctions involving tax titles
C hapter 299F. 10-. 17 A ctions on orders o f state fire marshal
5 0 1.33 to 5 0 1.38 Proceedings relatin g to tru sts
C hapter 503 Townsite lands
C hapter 508 Registration o f title to lands —
(see also Gen. R. Prac. 2 0 1- 2 16)
5 14 .0 1 to 5 14 . 17 Mechanics liens
C hapter 5 18 D issolution o f marriage
540.08 Insofar as it provides fo r action by parent fo r injury to
m in o r child (see also Gen. R. Prac. 145)
C hapter 556 A ctio n by a tto rn e y general fo r usurpation o f office, etc.
C hapter 558 P a rtitio n o f real estate (except th a t p art o f second
sentence o f 558.02 beginning 'a copy o f w hich1)

C hapter 559 A ctions to determ ine adverse claims (except th a t p a rt o f
th ird sentence o f 559.02 beginning 'a copy o f w hich1)
561.11 to 5 6 1. 15 Petition by m ortgagor to cultivate lands
573.02 A ctio n fo r death by w rongful act (see also Gen. R. Prac.
142-144)
C hapter 579 A ctions against boats and vessels
W r it o f c e rtio ra ri
W r it o f habeas corpus
W r it o f ne exeat
W r it o f m andam us
(Amended effective January I, 1997.)
* N ote: C ertain sections and chapters listed in this appendix may have been
renumbered o r repealed. Users should check the appropriate sections and
chapters fo r th e ir c u rre n t status.
FORM 23 - SUBJECT MATTER IN D E X FOR CIVIL CASES

1. Appeal fro m C onciliation C o u rt (A ll cases in w hich the re has been an
appeal from conciliation c o u rt decision)
2. Condem nation
3A. Consum er C re d it C o n tra c t (Plaintiff is a c o rp o ra tio n o r organization,
n o t an individual; defendant is an individual; and co n tra ct am ount does n o t
exceed $20,000)
3B. O th e r C ontracts (all o th e r contracts n o t included in 3A, above)
4. D issolution W ith C hildren
5. D issolution W ith o u t C hildren
6. D rivers License Revocation (Im plied Consent)
7. Employment
8. Harassment (except fo r em ploym ent-related cases)
9. Medical Malpractice
10. P roperty Damage
1 1. Personal Injury
•12. Unlawful D etainer
13. W ro n gfu l Death
14. O th e r Civil

(All o th e r civil cases n o t covered by items I through 13 above, including but not
lim ited to the follow ing:
Appeals fro m A dm inistrative Agencies
A tto rn e y M alpractice
C hange o f N a m e
C o rp o ra te D issolution
D e cla ra to ry Judgment
D iscrim ination
M in o r S ettlem ent ex parte, after signing Card "Adult”?
M o rtg a g e Foreclosure
Q u ie t T itle
Real Estate Tax Petitions
Receivership
Torrens
W rits o f A tta c h m e n t, C e rtio ra ri,
Habeas Corpus, M andam us and Prohibition)
(Am ended effective January 1,2009.)
FORM 10 - C O M P L A IN T FOR C O N V E R S IO N
I . O n o r about D ecem ber 1, 1948, defendant converted to his own use ten
bonds o f t h e ________ Com pany (here insert brief identification as by number
and issue) o f the value o f one thousand dollars, the p ro p e rty o f plaintiff.
W h e re fo re plaintiff demands judgm ent against defendant in the sum o f one

thousand dollars, interest, costs, and disbursements.
FORM I I - C O M P L A IN T FOR SPECIFIC PERFORMANCE OF C O N T R A C T

TO CONVEY LAND
1. O n o r about D ecem ber 1, 1948, plaintiff and defendant entered into an
agreem ent in w ritin g , a copy o f w hich is hereto annexed as Exhibit A.
2. In accordance w ith the provisions o f said agreement plaintiff tendered to

defendant the purchase price and requested a conveyance o f the land, but
defendant refused to accept the ten d e r and refused to make the conveyance.

Recording requested by: iCounty Recorder
™ JI, Clerk/Recorder
BOOK 2 0 1 5 A H H K PAGE
Tuesday, ■ ■ ■ ! 2015
T t l Pd $ 3 0 .0 0 R c p t # 001
After recording return to:
SPACE ABO VE FOR U SE OF CO UN T RECO RDER
A P N N o.
NOTICE OF INTENT TO PRESER V E INTEREST
This notice is intended to preserve an interest in real property from extinguishment pursuant to Title 5
(commencing with Section 880.020) o f Part 2 o f Division 2 o f the Civil Code (Marketable Record Title).
John H D oe John D oe
Claimant: Name: Grantor Grantee.
Address: California < | H I
In te r e st: Character: Owner Power o f Reversion: Reconveyance:

Character: Secured Party Reversionaiy interest: Title: Fee simple.
Character: Possession Redemption: Title: Grantee
Character: Quiet Title C.C.P. 760.10 to 760.060.
Character: Property sale Proceeds: Homestead claim.
Record location of document creating

o r e v id e n c in g in t e r e s t in c la im a n t : Secretary o f State o f California Office, Sacramento, California.
UCC-1 Financing Statement: 12014.
Real Property: Legal description attached Exhibit-A. [M etes and B ounds]
Address: H B H H H H H B H l < ■ ■ ■ ■ , C a lif o m ia lH i.
Authority: Title 5, Part 2 o f Division 2, Marketable Record Title, Civil Code 880.020 to 880.350.
I assert under penalty o f peijuiy that this notice is not recorded for the purpose o f slandering title to
real property and I informed and believe that the information contained in this notice is true.
Date: 2015.
Date: 2015.
secured party, grantee
SEE ATTACHED FORM FOR

NOTARY CERTIFICATE
!opy Claimed February 2020 -316-

AFFIDAVIT OF FACT
(In support o f Notice o f Intent to Preserve an Interest)

Title 5, Part 2 o f Division 2, Marketable Record Title, Civil Code 880.020 to 880.350.
U C C 9 -3 1 2 . P E R F E C T IO N O F S E C U R IT Y IN T E R E S T S IN C H A T T E L P A P E R
U C C 9 -3 1 5 . S E C U R E D P A R T Y 'S R IG H T S O N D IS P O S IT IO N O F C O L L A T E R A L A N D IN P R O C E E D S
John Henry D oe_________

I Undersigned Affiant, hereinafter “Affiant,” does hereby
solem nly swear, declare, and state as follow s:
1. Affiant is com petent to state the matters set forth herewith.
2. Affiant has personal know ledge o f the facts stated herein.
3. A ll the facts stated herein are true, correct, and complete in accordance with A ffiant’s best
firsthand know ledge and understanding, and i f called upon to testify as a witness Affiant shall so
state.
4. Affiant is the owner o f record for the real property located at
California I^ H I-
5. A ffia n t intention is to preserve his interest in the real property, proceeds, possession, and
perfect the interest in the unsecured deed o f trust and discharged note chattel paper related to the
real property located at a 11fom ia .
6. Affiant asserts under penalty o f perjury that this notice is not recorded for the purpose o f
slandering title to real property and I am informed and believe that the information contained in
the attached N otice o f Intent to Preserve an Interest is true and correct to the best o f affiant’s
know ledge and understanding.
Date: 1,2015.
Date: 1,2015.
, secured party, grantee
SEE ATTACHED FORM FOR
NOTARY CERTIFICATE

UNITED STATES C ertificate O f To pay fee. affix stamps or
POSTAL R
C
S
V
E
,I Mailing meter postage here.
This Certificate of Mailing provides evidence that mail has been presented to U SPS® for mailing.
This form may be used for domestic and international mail.
From:
John H enry d oe Living t s t a t e l rust u e e d

c/o M ain S treet - fiv e -tw o -tw o __________________________
U nit o n e -tw o -ze ro -fo u r-tw o -five
Saint Paul. M innesota. 00-00-0.
To: OFFICE OF THE UNITED STATES TREASURY Postmark Here

ATTENTION. St even J. M n u ch in-------------------------------------------
1111 C o n stitu tio n Avenue
W ashington D.C. [22021]
PS Form 3817, April 2007 PSN 7530-02-000-9065
R F 1 1 1 2 2 2 3 3 3 U S - R R 1 1 1 2 2 2 3 3 3 U S - 2 1 .0 0 0 1
Registered M ail Num ber: R F 1 1 1 2 2 2 3 3 3 US
Certificate of E itle of &peeial Heposit
iP rtbate " C ru s t iDecD
V alidation o f Registered M ail: RF 111 222 333 US by C e rtifica te o f M ailing
Jopy Claimed February 2020 -318-

Substitute form for W8BEN
(RR1222333US-xx)
[For use by foreign individuals non-domestic]
This statement is being made in accordance with Treasury Regulations, Section 1.1331-
1(e)(4)(vi).
I certify under penalties of perjury in accordance to 28 USC 1746(1) without the "United
States" that:
1. la m the beneficial owner of the Account Exhibit A below (or am authorized to sign
for the beneficial owner) of all the income or conduct to which this statement relates,
2. The beneficial owner is not a U.S. person,
3. The income to which this statement relates is not effectively connected with the conduct
of a trade or business in the "United States".
Name S S N /IT IN /E IN
Address Foreign tax ID #
Exhibit A: [description]
Signed Under penalties of perjury in accordance

to 28 USC 1746(1) without the "United States":
Signature Dgte
Title
Open bank account using dead estate EIN, and add W 8BEN with LET as
beneficiary to Estate bank account, sign bank account as Adm inistrator.

SAMPLE AFFIDAVIT BY BO, MERGER
AFFIDAVIT OF TITLE STATEMENT OF BENEFICIAL OWNERSHIP
I, John Henry D oe, "grantor" (Exhibit C "N otice o f O ffice o f Grantor") o f th is d e e d , am fam iliar w ith t h e fa c ts recited and d ecla re
that;
1) I h a v e a tta in ed t h e full a g e o f m ajority on January 1, 1 9 9 7 , th e first day o f t h e 18th y ea r from June 1 4 ,1 9 7 9 ;
2) I h ave first han d , p e r fected , k n o w le d g e o f th e fa cts w ith d irect natural privity to t h e su b ject m a tte r o f a m aterial
nature;
a. I am t h e b en eficial o w n e r o f th e principal and collateral in te r e st in rev ersio n , a tta ch in g t o t h e c h a tte ls and
le a se h o ld in te r e sts m o rtg a g ed and se cu red o u t o f th e p erson al e s ta t e and real e s ta t e o f JOHN HENRY DOE, as
reg istered in M a p leto n C ounty (district 7 8 0 9 ) Iowa, parcel n u m b er # 1 3 4 - 7 9 -0 5 9 3 9 , a tta c h e d h erew ith as Exhibit
A ("COLB"). This in te r e st in clu d es and is n o t lim ited to:
(A) Principal in te rest, ren ts, and profits, less c o s ts t o A d m in istrators, in t h e collateral lo a n ed from t h e E state,
t o se c u r e fun d in g for t h e A ccou n t in q u estio n , a tta c h e d h erew ith as Exhibit B;
(B) All real p rop erty o w n e d by th is E state, w ithin M a p leto n , C ou n ty Iow a, to g e th e r w ith all land rights, held or
a s m ay b e acq u ired h erea fter.
(C) All p erso n al p rop erty o w n e d by th is E state h eld w ithin M a p leto n , C ou n ty Iow a, to g e th e r w ith all in te r e st
held or as m ay b e acq u ired h erea fter.
3) I in tend to p le d g e t h e a fo r e m e n tio n e d collateral in te r e sts to t h e D e fe n d a n ts in th is m a tte r in o rd er to m er g e and
extin guish th e D ebt o b lig a tio n s o f t h e D efen d a n ts, in t h e a b se n c e o f s u b s ta n c e b ack ed currency;
4) I w arrant title and o w n ersh ip o v er th e E state and au th ority to c o n v e y said b en eficial o w n e r sh ip w ith o u t t h e T ru stee's
approval or k n o w led g e to t h e John Henry D oe Living E state Trust.
5) By virtue o f th a t o w n ersh ip I h ereb y tran sfer and assign all right, title, and in te r e st t o v e s t in D oe, John H enry, T ru stee
U nder John Henry D oe Living E state Trust t h e "grantee" in Exhibit D ("Trust T ransfer G rant D eed").
I d ecla re u n d er t h e law s o f The U nited S ta te s o f A m erica th a t t h e fo r e g o in g is tru e and correct, E xecu ted t h i s __
day o f_____________2 0 1 9 .
By: John H enry D oe

W e th e u n d ersig n ed Private W itn e sse s, n o t party to t h e m atter, h e r e b y stan d and a t te s t th a t t h e fo r e -sig n e d , John
Henry Doe sig n ed th is d o c u m e n t on t h e d a te listed supra, o f th eir o w n fr e e will, as w itn e s s e d by our sig n a tu res b elow :
N am e N am e
A ddress, C ounty, S ta te, Country A d d ress, C ounty, S ta te, C ountry
The Declaration of I ndepe nde nce at Large, 4 July, A. D. 1776 x

The United States of America at Large, 15 December, A. D. 1 7 9 1 1 ^ .
Herein The State of Iowa at Large, 11 May, A. D. 1858 j SS 0<‘" > ublic Acknowl edgment
Herein The County of Mapleton a t Large, 11 May, A. D. 1858 J
I, a Notary Public by said State duly authorized, certify that I know, or have satisfactory evidence, that John Henry Doe is
whose name is scribed to the within instrument comes before me by special limited restricted ministerial visitation and
acknowledges same that Declarant freely marks and impresses his signature and seal to this “ A F F ID A VIT O F TITLE
STATEMENT O F BEN EFIC IAL OWNERSHIP" duly witnessed by two people whose Affidavit o f Witness that I witness and
are attached, and acknowledges it to be his own freewill self-determined act and volition for the uses and purposes mentioned
in the document. Done t hi s __________ day o f _______________, A.D. 2019.
|scal|

My commission expires:________
This instru m en t p rep are d by:

John Henry Doe, A ttorney In Fact.
John Henry Doe, Ttee.
c/o P.O. Box 12345. Maple Town, Iowa.
lopy Claimed February 2020 -320-

EXAMPLE TTGD
RECORDING/TRANSFER Requested By:_____________________________________________ Exhibit D.l
WHEN RECORDED MAIL TO:

John Henry Doe Ttee
333 Main St, #987654
Maple Town, Iowa. RFD 66222.
The United States of America.
Real P ro p erty /R es Number: R egistered W arrant/Bond N um bers(s):

RR111222333US-52.0D1 YSflL5S 3L3F

THE GRANTOR, Jo h n H enry D o e , u p on , for and w ith law ful v a lu a b le c o n sid e r a tio n t e n d e r e d b elo w , A c k n o w led g ed
and A c c e p t e d h erein , CONVEYS and WARRANTS t h e b e lo w P ro p erty “A ” t o t h e GRANTEE n a m e d and sig n e d b e lo w JOHN
H DOE, D e fe n d a n t in C a se N u m b er 6 5 - c v - 2 5 - 8 5 8 7 . T his c o n v e y a n c e w it h d r a w s /r e m o v e s t h e p ro p erty herein from
pub lic, in rem , and a b a n d o n e d s t a t u s in to t h e P riv a te Living E s ta t e T r u st Joh n H enry D o e, G ran tee.
T he Following D escribes the P ro p e rtv /T ru st Corpus:
A. Exhibit B, Chattel, Account, Beneficial Ownership, Iowa, herein fully

included and attached herein by reference.
Total Pages.
Date John Henry Doe, Grantor.
Date JOHN H DOE, Grantee

65-CV-25-8587.
The Un ited States of America

ss Acknowledgment
The State of Iowa
The County of M aple
}
Before me, ____________________________________________ , No t a r y Public by the State of Iowa, d u l y authorized, e m powered and
admitted to take acknowled g e m e n t s , on this day came by special r e s tricted v i s i t a t i o n John He n r y Do e w ithin named, known
to me to be a p r i vate Iowan Na t i o n a l and a ffixed h is/her m a r k upon the above "Trust T ransfer Grant Deed" instrument
and acknow l e d g e d to me that he / s h e e x e c u t e d the same in their sui juris of his own inherent right and c a pacity created
under YHWH, the risen Lord Jesus Christ and that he is the proper aut h o r i t y upon behalf of which he acted and executed
the instrument by his sole freewill act and Deed freely and w ithout any threat, fear, or c o m pulsion for the uses and
purposes therein ex p r e s s e d and in a c c o r d a n c e wi t h Maxims of Equ i t y at the time of the a d option of the C o n s t itution for
the united States of Am e r i c a D ecember 15, 1791. IN T ESTIMONY whe r e o f I have her e u n t o set m y Hand and Seal this ___
day of February 2019. W I T N E S S my hand and official seal.
“W itn ess our hands and seals this .................. day of

A ugust, 1916.
“John D oe (Seal)
“B y John Sm ith, A gent.
“W itn ess.”

TEMPLATE NOTARY COPIES
Jennifer Rae Duffy, Notary Public

county of Ramsey
state of Minnesota
Certificate of Attestation
I, Je n n ife r Rae D uffy, am a d u ly em pow ered N o tary P u b lic fo r th e s ta te
of M in n eso ta, co u n ty of Ram sey, and I do hereby c e r tif y th a t on th is
day of M arch 2015, th a t p u rsu an t to p er M inn. S ta t. 3 5 9 .0 8 5 subs.
4 th e p ro ffe re d copy has been c a re fu lly d eterm in ed by me to be a g en u in e
and tru e , f u ll, and a c c u ra te b lack and w h ite re p ro d u c tio n of th e g en u in e
o rig in a l "w et in k " source docum ent, and th e copy of w h ich a tta c h e d h ereto
and h erew ith is d eterm in ed by me to be:
Description of original document:______________________________
1. No. 1 5 8 9 7 5 6 6 -2 , S e c re ta ry of S ta t e o f th e U n ite d S ta t e s o f A m erica

John F. K erry, fo u rte e n th day of M arch, 2015 C e r tif ic a te of
A u th e n tic a tio n ; S e c re ta ry of S ta te of S ta te of M in n eso ta
C e rtific a te of C o m m issio n 1-23-2015; C e rtifie d Copy o f S T A T E OF
MINNESOTA BIRTH C ER TIFIC A TE, ELIZABETH MARIE ANDERSON, 27A-
000585566. The t h r e e t o t a l p a g e s o f w h ich a r e p e rm a n e n tly bound
by a b ra s s riv e te d rin g , b earin g o rig in a l in k au to g rap h s (3 bound
p a g e s) .
IN TESTIMONY w hereof I have hereu n to s e t my Hand and O ffic ia l Seal
th is Day and Year la s t a fo re sa id . [se a l]
J e n n i f e r Rae D u ffy , N o ta ry P u b lic

My c o m m i s s i o n e x p i r e s : _____________

h tt p s : //b o o k s .g o o g le .c o m /b o o k s ?
id=4pM 3A Q A A IA A J& pg=PA 1 & d q = % 2 2 ch a rles+ f+ estee% 2 2 & h l= en & sa = X & v ed = 0 a h U K E w ia zd b i9 p jiA h V lcq 0 K H Z ea B -
E Q 6 A E I N D A C # v = o n e p a g e & q = % 2 2 c h a r le s% 2 0 f% 2 0 e s te e % 2 2 & f= fa ls e
THE
EXCISE TAX LAW.

APPROVED JULY 1, 18G2 ;
AN D ALL
TH E A M EN D M EN TS,
TOGETHER WITH
THE INSTRUCTIONS AND BLANK FORMS, DECISIONS, AND REGULATIONS OF THE
COMMISSIONER, WITH FULL MARGINAL NOTES AND REFERENCES,
AND
% Ulinutc îralkm il |n k c
ALSO,
T HE JANUARY S T A T E M E N T OP T H E COMMISSIONER OF INTERNAL

REVENUE TO T H E SECRETARY OF T H E TREASURY.
COMPILED BY
CHARLES F. ESTEE, ESQ.,

! I
SLatc 323cputn (Commissioner o f Sutcvnnl lU b cn u c.
NEW YORK:
FITCH, ESTEE & CO., STATIONERS AND PUBLISHERS,
No. 3 PARK PLACE.
1863.
Digitized by Original from

INTERNET ARCHIVE UNIVERSITY OF CALIFORNIA
I
re EXCISE TAX.
Decision No. T5; And if any person shall fraudulently make use o f an adhesive
p. 252.
stamp to denote any duty imposed by this act, w ithout so
F raudulent neg
lect. effectually canceling and obliterating such stam p, except as
Forfeiture. before mentioned, he, she, or they shall forfeit the sum o f
Proviso. fifty d o lla rs: Provided, nevertheless, That any proprietor or
P roprietors o f proprietors o f proprietary articles, or articles subject to stamp
c f e s T u n d e r soiled- duty under Schedule C o f this act, shall have the privilege of
ule C, m a y h a v e n • 1 • • i i i t • i rs • • i i
s e p a r a t e d ie s , &c . furnishing, w ithout expense to the United States, in suitable
form, to be approved by' the Commissioner o f Internal Reve-

E e g u la tio n , Jan ., , . .
■63; p. 2 3 2 . nue, his or their own dies or designs for stamps to be used
thereon, to be retained in the possession o f the Commissioner
o f Internal Revenue, for his or their separate use, which shall
not be duplicated to any other person. That in all cases
where such stamp is used, instead o f his or their w riting his
or their initials and the date thereon, the said stamp shall be
How affixed, So affixed on the box, bottle, or package, that in opening the
and destroyed. . ' ° r ©
same, or using the contents thereof, the said stamp shall be
effectually d e s tro y e d ; and in default thereof shall be liable
P e n a l t y for d e - to the same penalty imposed for neglect to affix said stamp as
hereinbefore prescribed in this act. Any person who shall

F r a u d u l e n t l y u s - fraudulently obtain or use any o f the aforesaid stamps or de-
F o r g i n g , c o u n - signs therefor, and any person forging, or counterfeiting, or
causing or procuring the forging or counterfeiting any repre

sentation, likeness, sim ilitude, or colorable imitation o f the
said last-mentioned stamp, or any engraver or printer who
shall sell or give away said stamps, or selling the same, or,
being a m erchant, broker, peddler, or person dealing, in whole
or in part, in similar goods, wares, m erchandise, m anufactures,
preparations, or articles, or those designed for similar objects
or purposes, shall have knowingly or fraudulently in his, her,
or their possession any such forged, Counterfeited likeness,
similitude, or colorable imitation o f the said last-mentioned
M isdem eanor, stamp, shall be deemed guilty o f a m isdemeanor, and, upon
Amended conviction thereof, shall be subject to all the penalties, fines,
Mar. 3,’63;p.in. and forfeitures prescribed in section ninety-three o f this
act.
,,i o r m a x...i n g , ..is* Sec. 100. And he it further enacted, That if any •/
person
i
suing, ac cepting,
or paying bill,
or persons
r
shall make, 5
sign,
° 5
or issue, or cause to be made,
draft, order,
no te lor m o n e y ,
or signed,
^
or issued,
e
orshall accept
.
or pay, or cause to be ac-
stim°ed be'ne cePte^ or paid, with design to evade the paym ent o f any
stamp duty, any bill o f exchange, draft, or order, or promis
sory note for the payment of money, liable to any o f the
duties imposed by this act, w ithout the same being duly
stamped, or having thereupon an adhesive stamp for denoting
the duty hereby charged thereon, he, she, or they shall, for

EXCISE TAX. 77
every such bi l l , d r a f t , o r d e r , o r n o t e , f o r f e i t t h e sum o f tw o Forfeiture.

hundred dollars.
Sec. 101. A n d be it f u r t h e r enacted, That the a c c e p t o r or T h e acceptor o f
m reign lills of e x
a c c e p t o r s o f a n y bill o f e x c h a n g e o r o r d e r for t h e p a y m e n t o f change to stam p
>cfore p ay
a n y s u m o f m o n e y d r a w n , or p u r p o r t i n g to be d r a w n , in a n y ing or accepting.
ign country, but payable in t h e U n i t e d S ta t e s , shall, b e
fore p a y i n g or a c c e p t i n g the sam e, place t h e r e u p o n a s t a m p ,
indicating the duty upon the s a m e , as the law r e q u ire s for
i n l a n d bills o f e x c h a n g e , or p r o m i s s o r y n o t e s ; and no bi l l o f N o bill to bo
O A paid or negotiated
exchange shall be paid or n e g o t i a t e d w ithout such s t a m p ; without hav in g a
and if any person s h a l l p a y o r n e g o t i a t e , o r off er in p a y m e n t ,
or re c e iv e or tak e in p a y m e n t, any such draft or o rd e r , the
person or p e r s o n s so o f f e n d i n g shall forfeit t h e sum o f one Forfeiture.
hundred dollars.
Sec. 102. A n d be it f u r t h e r enacted, That the C om m is C om m issioner to
sioner of Internal Revenue be, and is h e r e b y , a u t h o r i z e d t o sons a t his discre-
sell to and supply Collectors, D eputy Collectors, Postm as

ters, stationers, or any other p e rs o n s , at his discretion, with
A m ended,
adhesive stamps or s ta m p e d p a p e r , v e l l u m , o r p a r c h m e n t , as M ar. 8 ,’63; p. 12t
herein p r o v i d e d for, u p o n t h e p a y m e n t , at t h e tim e o f deliv
ery, o f th e a m o u n t o f d u tie s said sta m p s, s t a m p e d pap er, vel
lum , or p a r c h m e n t , so sold or supplied, represent, and may
thereupon allow and deduct from the atroresrate amount of R egulation,
r oo » Jan . 12, ’6 3 ; p.
su c h s t a m p s , as a f o r e s a i d , t h e s u m o f n o t e x c e e d i n g five p e r 231.
c e n t u m as c o m m i s s i o n to t h e C o l l e c t o r s , P o s t m a s t e r s , s t a Commission to
purchasers.
tio n ers, or o th e r p u r c h a s e r s ; but the cost o f any p a p e r, v e l
lum , or p a r c h m e n t shall be added to the amount, after de
d u c t i n g t h e a l l o w a n c e o f o e r c e n t u m , a s . . . a f o r e s a i d : P rovide d, Proviso.
s o f a o r s u p p l i e d od l e s s a m o u n t O i a h f i f t y d o l l a r s : A n a p ro -
T h a i, n o c o m m i s s i o n s h a l l b e . a l l o w e d o n a n y , s u m o r s u m s so
video, fu rth e r , T h a t a n y p r o p r i e t o r o r p r o p r i e t o r s o r a r t i c l e s Proviso.
n a m e d in S c h e d u l e C, w h o shall furnish his or t h e i r o w n die Private dies fio
proprietary arti
o r d e s i g n f o r s t a m p s , , t o b e . u s e d e s p e c i a l l y f o r . .h i s o.r the. i r cles.
o w n p r o p r i e t a r y a r t i c l e s , snail b e a l l o w e d t h e f o l lo w in g d is
c o u n t , n a m e l y : o n a m o u n t s p u r c h a s e d at o n e t i m e o f n o t les s Discounts on.
th an fifty n o r m o r e t h a n five h u n d r e d dollars, five p e r c e n t u m ;
on a m o u n t s over five h u n d r e d dollars, ten per centum . The
Com m issioner o f Internal Revenue may from tim e to time
make regulations fo r t h e allowance o f such o f the stamps
is sued u n d e r the provisions o f this act as may have been
s p o i l e d or r e n d e r e d u s e l e s s o r u n f i t fo r t h e p u r p o s e i n t e n d e d , Spoiled or n®>
less stam ps.
or for w h i c h the ow ner may have n o use, or w h i c h through
m istake may have been im p r o p e r l y or u n n e c e ss a rily used, or
w h e re the rates or duties re p r e s e n te d th e re b y have been paid
on e r r o r , or r e m i t t e d ; a n d su ch a l l o w a n c e shall be m a d e e i t h e r

78 EXCISE TAX.
by g i v i n g o t h e r s t a m p s in l i eu o f t h e stamps s o a l l o w e d for,
or by r e p a y i n g the a m o u n t or value, after d e d u c ti n g th erefro m ,
in c a s e o f r e p a y m e n t , t h e s u m o f f i v e p e r c e n t u m t o t h e o w n e r
thereof.
C om m issioner S e c . 103. A n d be it fu r th e r enacted, T h a t it s h a l l b e l a wf ul
me ins' n2 b h a r 5 *°r a n )' p e r s o n t o p r e s e n t t o t h e C o m m i s s i o n e r o f I n t e r n a l
a b l e w i t h d u ty . R e v e n u e any in s tru m e n t, and req u ire his opinion w h e t h e r or
*■ B B D B I S S B H H U B B B D D H B O H ^ O B D S K ; a nd i f t h e said
C o m m i s s i o n e r sh a l l b e o f o p i n i o n t h a t s u c h i n s t r u m e n t is n o t
chargeable with any sta m p d u t y , it sh a l l be lawful fo r h i m ,
and he is h e r e b y required, to impress thereon a particular
sta m p , to be provided for t h a t p u r p o s e , w i t h such word or
w o r d s o r d e v i c e t h e r e o n a s h e sh al l j u d g e p r o p e r , w h i c h shal l
signify and denote that such mstruiru is not chargeable
w ith any stamp d u t y ; and ev ery such i n s t r u m e n t u p o n w h ic h
the said st a m p sh a l l b e impressed shall be d e e m e d to be not
s o c h a r g e a b l e , a n d sh a l l b e r e c e i v e d in e v i d e n c e in all c o u r t s
o f law or eq uity , n o t w i t h s t a n d i n g any o b jectio n s m a d e to the
same, as b e i n g c h a rg e a b l e w ith s t a m p d u ty , and not s t a m p e d
to d e n o te the same.
T e le g ra p h com - S e c . 104. A n d be i t fu r t h e r enacted, T h a t on and after the

c e i v e S " m e s s a g e ’s d a t e o n w h i c h t h i s a c t s h a l l t a k e effect, n o t e l e g r a p h c o m -
w ith o u t stam p. p a n y o r i t s a g e n t o r e m p l o y e e sh a l l r e c e i v e f r o m a n y p e r s o n ,
or tr a n s m i t to any p e rs o n any d is p a tc h or m e s sa g e w ith o u t
D ecision No. 7 5 ; an adhesive stamp denoting the duly im posed by this act
p' 252 b e i n g aff i xed t o a copy thereof, or h a v in g the same stamped
P enalty. t h e r e u p o n , a n d in d e f a u l t t h e r e o f sh a l l i n c u r a p e n a l t y o f t e n
Proviso. d o l l a r s : P rovide d, That only one stamp shall be required,
w h e t h e r sent t h r o u g h one or m o r e c o m p anies.
Express compa- Sec. 105. A n d be it fu r t h e r enacted, That on and after
packag s ° 16with- th e d ate on w h ic h this act shall take effect, n o e x p r e s s com-
stam pecTV eceipt! P a >iy o r its a g e n t o r employee sh al l receive for t r a n s p o r t a -
° h e r e o n ing S' ampt ’o n fr o m a n y p e r s o n a n y b a l e , b u n d l e , b o x , a r t i c l e , o r p a c k a g e
o f any description, w ith o u t either d e l i v e r i n g to t h e con-
Rcpenied, signor th e re o f a printed receipt, having stamped or affixed
,
116 118 . PP t h e r e o n a stamp denoting the duty im posed by this ac t, or
w ithout affixing thereto an adhesive stamp or stamps de
n o t i n g s u c h d u t y , a n d in d efau lt t h e r e o f shall in c u r a p e n a l t y
Proviso. o f ten dollars : P ro vid e d , T h a t but one stam ped receipt or
stamp shall be required for e a c h shipm ent from one party
to another p a r t y at the same time, w hether such ship-
■Proviso. ment consists of one or more packages : And p ro vid e d ,
No stamp re- a ^s0’ T h a t n o stamped receipts or stamp shall be required
ernmentf°r boxes’ ô r a n 7 b a l e > b u n d l e , b o x , a r t i c l e , o r p a c k a g e t r a n s p o r t e d
etc' f o r t h e G o v e r n m e n t , n o r for s u c h b a l e s , b u n d l e s , b o x e s , o r

84 EXCISE TAX.
Duly.
Dolls, eta.
E xceeding three hundred tons and not exceeding
si x h u n d r e d t o n s , f i v e d o l l a r s ........................................................ 5 0 0
E x c e e d i n g six h u n d r e d to ns, te n d o l l a r s ............................ 10 0 0
C ontract of C o n t r a c t . — B r o k e r ’s note, or m e m o r a n d u m o f sal e
brokers.
o f any g o o d s or m e r c h a n d is e , stocks, bonds, ex
See p. 113 ; sec. 4.
change, notes o f hand, real estate, or p ro p e rty
o f a n y k i n d o r d e s c r i p t i o n i s s u e d by b r o k e r s or
p e r s o n s a c t i n g a s s u c h , t e n c e n t s ...................................................... 10
C onveyance o f
real estate. C o n v e y a n c e . — D e e d , instrument, or w riting , w h e re
by any lands, tenem ents, or other realty sold
sh al l b e g r a n t e d , a s s i g n e d , t r a n s f e r r e d , o r o t h e r
w i s e c o n v e y e d t o , o r v e s t e d in, t h e p u r c h a s e r o r
Decision No. 75 p u r c h a s e r s , or any other person or persons by
p. 252.
his, her, or th e i r directio n, w h e n the considera
tion or value exceeds one hundred dollars and
does no t ex ceed five h u n d r e d dollars, fifty cents. 50
W h e n the c o n sid e ra tio n e x c eed s five h u n d r e d dollars
and does not exceed one thousand dollars, one
d o lla r .........................................................................................1 00
E x c e e d i n g one th o u s a n d dollars and not exceeding
t w o th o u s a n d five h u n d r e d dollars, tw o d ollars. 2 00
Exceeding two t h o u s a n d f i v e tho usan d d o l l a r s and
not e x c e e d i n g five t h o u s a n d dollars, five dollars. 5 00
E x c e e d in g five th o u s a n d dollars and not exceeding
t e n t h o u s a n d d o l l a r s , t e n d o l l a r s ................................................. 10 0 0
Exceeding ten t h o u s a n d dollars and not exceeding
t w e n t y t h o u s a n d d o l l a r s , t w e n t y d o l l a r s . .......................... 2 0 00
A m ended, And fo r every additional ten thousand dollars, or
Mar. * ,’63; p. 115.
fr actio na l p a r t thereof, in e x c e ss o f t w e n t y t h o u
sand dollars, t w e n t y dollars 20 00
D ispatch (tele d i s p a t c h , te le g r a p h ic .— A ny dispatch or message^
graphic).
the charge for w h i c h for the first ten words
Decision No. 44;
p. 236. d o e s n o t e x c e e d t w e n t y c e n t s , o n e c e n t ..................................1
W hen the charge for t h e first ten words exceeds
t w e n t y c e n t s , t h r e e c e n t s ........................................................................... 3
E n try o f goods. ENTRY o f any g o o d s, w ar es , or m e r c h a n d i s e at any
custom-house, either for c o n s u m p t i o n or p p tiH
not e x c e e d i n g one hundred dollars in
v a l u e , t w e n t y - f i v e c e n t s ................................................................... 25
Exceeding one h u n d r e d dollars and not exceeding
f i v e h u n d r e d d o l l a r s i n v a l u e , f i f t y c e n t s .................................... 50
E N T R Y for t h e w i t h d r a w a l o f a n y g o o d s o r m e r c h a n
d i s e f r o m b o n d e d w a r e h o u s e , f i f t y c e n t s .................................... 50
D ig itized by Original from

E X C IS E TAX. 8ft
Duly.
Dolls, cts.
INSURANCE ( l i f e ) . — P o l i c y o f i n s u r a n c e , o r o t h e r i n Insurance, life
policy.
st rum ent by w h a t e v e r name the same shall be
called, whereby any insurance shall be made Decision No. SO;
p . Kin.
u p o n a n y life o r l i v e s —
W h e n th e a m o u n t i n s u r e d shall n o t e x c e e d one t h o u
s a n d d o l l a r s , t w e n t y - f i v e c e n t s .................................... 25
Exceeding one thousand and not ex ce e d in g five
t h o u s a n d d o l l a r s , f i f t y c e n t s ............................................. 50
E x c e e d i n g f i v e t h o u s a n d d o l l a r s , o n e d o l l a r .................. 1 00
INSURANCE (MARINE, INLAND, AND FIRE).— E a c h Insurance, ma
rin e, inland, and
policy o f insurance or other instrum ent, by fire.
w hatever name the same shal l be called, by Decision No. 29;
p. 229.
w h i c h i n s u r a n c e sh al l b e m a d e o r r e n e w e d u p o n
property of any description, w hether against A m ended,
Mar. 3, '63 ; p. 115
p e r i ls by t h e sea or by fire, or o t h e r pe ri l o f a n y
kind, made by any insurance company, or it s
agents, or by any other company or person,
twenty-five c e n t s ..................................................................... 25
LEASE, agreem ent, m em o ran d u m , or contract for th e Lease.
hir e, use, or r e n t o f an y land, t e n e m e n t , or p o r
tion t h e r e o f —
I f fo r a period o f time not exceeding three years,
f i f t y c e n t s ....................................................................................... 50
I f for a p e r i o d e x c e e d i n g t h r e e y e a r s , one dollar... . 1 00
MANIFEST f o r c u s t o m h o u s e e n t r y o r c l e a r a n c e o f t h e M anifest
c a rg o o f any ship, vessel, or steamer fo r a f o r
eign p o r t —
If the registered tonnage o f such ship, vessel, or
steamer does not exceed three hundred tons,
o n e d o l l a r . ....................................................................................... I 00
Exceeding three hundred tons, and not exceeding
s i x h u n d r e d t o n s , t h r e e d o l l a r s ..................................... 3 00
E x c e e d i n g si x h u n d r e d t o n s , f i v e d o l l a r s ......................... 5 00
MORTGAGE o f l a n d s , e s t a t e , o r p r o p e r t y , real o r p e r M ortgage o f real
or personal prop
s o na l , heritable or m o v a b l e whatsoever, w here erty.
the same shall be made as a flfltenmitftft for t h e
payment o f any definite and certain sum of
m o n e y lent at the ti m e fQ H B B B B IH B S Q S and
owing or forborne to be paid, being p a y a b l e ; D ecision No. 75;
p. 252.
also (any conveyance o f any lands, estate, or
f B Q B Q H B U B D S H B B B i >n t r u s t t o b e s o l d o r
o t h e r w i s e . c o n v e r t e d i nt o m o n e y , w h i c h sh a l l be
i n t e n d e d on ly as aiH' sha ^ be redeem-
jable b e f o r e the sale or other disposal thereof,

86 EXCISE TAX.
Duly.
Dolls, ct*.
A m ended, e it h e r by express stipulation o r MllmMifelBfc o r
Mar. 3, ’68 j p. 115.
R egulations, p. ment o f any definite or certain sum of money

293.
exceeding one h u n d re d dollars and not exceed
ing five h u n d r e d d o l l a r s , f i f t y c e n t s ................... 50
E xceeding five h u n d r e d dollars and not exceeding
o n e t h o u s a n d d o l l a r s , o n e dol l ar. ............................... ..................1 0 0
E x c e e d i n g one t h o u s a n d dollars and not exceeding
tw o t h o u s a n d five h u n d r e d dollars, tw o dollars. 2 00
E xceeding two thousand five h u n d r e d dollars and
not e x c e e d in g five t h o u s a n d dollars, five dollars. 5 00
E x c e e d i n g five t h o u s a n d dollars and not exceeding
t e n t h o u s a n d d o l l a r s , t e n d o l l a r s ................. 10 00
Exceeding ten thousand dollars and not exceeding
t w e n t y t h o u s a n d d o l l a r s , f i f t e e n d o l l a r s ............................... 15 0 0
And fo r every additional ten thousand dollars, or
f r a c t i o n a l p a r t t h e r e o f , in e x c e s s o f t w e n t y t h o u
s a n d d o l l a r s , t e n d o l l a r s ................................................................... 10 0 0
Passage ticket.
PASSAGE TICKET, b y a n y vessel from a p ort in t h e
Am ended, U nited States to a foreign port, i f less than
Mar. 3, ’68 j p. 114.
t h i r t y d o l l a r s , f i f t y c e n t s ........................................................................5 0
E x c e e d i n g t h i r t y d o l l a r s , o n e d o l l a r . .................................................. 1 0 0
Pow er o f attor POWER OF ATTORNEY f o r t h e sale o r t r a n s f e r o f a n y
ney to sell, etc.
s t o c k , b o n d s , or scri p, or for t h e c o l l e c t i o n o f
Decision No. 63:
p. 245. a n y d i v i d e n d s or i n t e r e s t t h e r e o n , t w e n t y - f i v e
A m ended,
Mar. 3, ’63; p. 114. c e n t s ......................................................................................................................25
Proxy for vot POWER OF ATTORNEY OR PROXY for v o t i n g at a n y
ing.
election for officers o f any incorporated com
p a n y or s o c i e t y , e x c e p t r e l i g i o u s , c h a r i t a b l e , or
l i t e r a r y s o c i e t i e s , or p u b l i c c e m e t e r i e s , t e n c e n t s . 10
Pow er o f attor POWER OF ATTORNEY to receive or collect rent,
ney to collect rent.
t w e n t y - f i v e c e n t s ..........................................................................................25
Pow er o f attor POWER OF ATTORNEY t o sell a n d c o n v e y real e st at e ,
ney in regard to
real estate. or to r e n t or l e a s e t h e s a m e , or to p e r f o r m any
and all o t h e r a c t s n o t h e r e i n b e f o r e s p e c i fi e d , o ne
d o l l a r . ............................................................................................................. 1 00
Probate o f will. p r o b a t e § F m sb k &r M e s a pf administration:
W h e r e the estate and effects fo r o r in r e s p e c t
o f w h ic h such p r o b a t e or letters o f administra
t i o n a p p l i e d f or s h a l l be sw o rn or declared not
to e x c e e d th e v a lu e o f t w o t h o u s a n d fi v e h u n d r e d
d o l l a r s , f i f t y c e n t s ....................................................................................... 5 0
To exceed tw o thousand five h u n d re d dollars and
n o t e x c e e d i n g five t h o u s a n d d olla rs, one d o ll a r . 1 0C

E X C IS E TAX. 87
Duly.
D oIIb. cts.
To exc eed five t h o u s a n d dollars and not exceeding
t w e n t y t h o u s a n d d o l l a r s , t w o d o l l a r s .......................................2 00
To exceed tw e n ty th o u san d dollars and not exceed
ing fifty t h o u s a n d dollars, five dollars 5 00
To exceed fifty t h o u s a n d dollars and not exceeding
one h u n d r e d th o u s a n d dollars, t e n -d o l l a r s . .10 0 0
flB H H B B B B B H D B H B D fflB fflH H U D B S B B D O B S I;
WHlBHWMlllilllUBBIBIIWBBlE 2 0 00
SBHBHHHfflHBHDDHfflDSHHIIISIR ;l 0 oo
P r o t e s t . — U p on the protest o f every note, bill o f Protest
exchange, acceptance, check or draft, or any
m arine protest, w h e th e r protested by a n o ta r y
public or by any o th e r o ffic e r w h o m ay be au
thorized by th e law o f any State or States to
m a k e s u c h p r o t e s t , t w e n t y - f i v e c e n t s .............................................25
WA RE HO US E RECEIPT for a n y g o o d s , m e r c h a n d i s e , or Warehouse re
p r o p e r t y o f a n y k i n d h e l d on s t o r a g e in a n y p u b - ceipt'
lie or private warehouse or yard, twenty-five
c e n t s ....................................................................................................................... 25
LEGAL DOCUMENTS :
W r i t , o r o t h e r o r i g i n a l p r o c e s s b y w h i c h a n y s u i t is Original process,
c o m m e n c e d in any co u rt o f rec o rd , e ith er law or
e q u i t y , f i f t y c e n t s .........................................................................................5 0
P rovide d, T h a t no w rit, summons, or other process Proviso,
issued by a justice o f the peace, or issued in
any crim inal or o th e r suits commenced by the
U nited S tate s or any S t a t e , shall b e s u b j e c t to
the payment of stamp duties: A n d p r o v id e d ^
fu rth e r, T h a t the stamp duties im posed by the
foregoing Schedule B on manifests, bills of
lading, and passage tickets, shall n o t a p p l y to
s t e a m b o a t s or o th e r vessels p ly i n g b e t w e e n the
ports o f t h e U n i t e d S t a t e s a n d p o r t s in B r i t i s h
N orth America.
SCHEDULE C.
PROPRIETARY ARTICLES.
MEDICINES o r P r e p a r a t i o n s . — F o r a n d u p o n e v e r y Medicines or pre

p a c k e t , b o x , b o t t l e , p o t , p h i a l , or o t h e r i n c l o s - parations.
ure, containing any pills, powders, tinctures,
t r o c h e s or l o z e n g e s , s i r u p s , c o r d i a l s , b i t t e r s , a n o -

TREASURY FINANCIAL MANUAL
DEPARTMENT OF THE TREASURY
FINANCIAL MANAGEMENT SERVICE
TRANSMITTAL LETTER NO. 362 VOLUME n
TO: FEDERAL RESERVE BANKS AND BRANCHES
1. EIIREQSE
This transmittal letter releases revised Volume II TFM 8-3000, “Liquidation Procedures for
Failed Depositaries,” which provides procedures Federal Reserve banks and branches are to
follow when a financial institution designated as a “depositary and financial agent o f the U.S.
G overnm ent” or “Treasury Tax & Loan Depositary” (1) is declared insolvent, (2) is closed for Banking
business, (3) is placed in receivers)lip, or (4) is the subject of other similar action taken by a state Holiday)
or Federal authority to terminate the depositary’s business activity.
2.
Executive Order 2040
Remove Receiver is Equity, not Bl< Insert
Table of Contents for Table of Contents for

Volume II (T/L 361) Volume II
Table of Contents for Table of Contents for

Part 8 (T/L 361) Part 8
II TFM 8-3000 II TFM 8-3000

(T/L 347)
3. EFFECTIVE DATE
Upon receipt.
4. INQUIRIES
Questions concerning this chapter should be directed to:
Bank Review Branch

Financial Management Service
Department of the Treasury
Liberty Center (Rm 420A)
401 14th Street, SW.
Washington, DC 20227
Telephone (202) 874-6590
Date: M ay 11, 1992 R ussell D . Morris

Com m issioner
Copy Claim ed February 2020 •3?

vol n T/L 362
HTFM 8-3000
CHAPTER 3000 - LIQUIDATION PROCEDURES FOR FAILED DEPOSITARIES

SECTIO N 3010 - SCOPE A N D A PP L IC A B IL IT Y operations; or a depositary that voluntarily, or by action
o f regulatory authorities, has taken action to term inate
This chapter outlines procedures for F ed eral R e its operations.
serve banks (F R B s) and branches to fo llo w w hen a
financial institution d e s ig n a t e as a “D epositary and Federal Reserve Bank (FRB) - The F iscal A gent o f
Financial A gen t o f the U .S . G overn m en t’’ or a “Trea the U nitedStates resp on sib le fo r safek eep in g collateral
sury Tax & Loan D epositary” is (1) declared in solven t, pledged inaccordance w ith 31 CFR Parts 2 0 2 and 203.
(2) clo sed for b usiness, (3) placed in receivership, or
(4) the subject o f other similar action taken by a State Letter o f Indemnification - A letter signed by the
receiver and furnished to Treasury to secure future or
ness activity. Procedures m ay be supplem ented in unforeseen claim s du e the Federal G overnm ent by the
unique cases (S ee Section 3060). Note: These proce failed depositary (see A ppendix 1).
dures apply only to those financial institutions that
will not reopen. O b lig o r - A debtor, such as aperson, firm, corporation,
or govern m en t entity obligated b y contract or other
T his chapter sp ecifica lly concerns the d isp osition legal agreem ent to perform such actions as p aym en t o f
o f collateral pledged in T itle 31 o f the Code, o f Federal notes or bonds.
R egulations, Parts 2 0 2 and 2 0 3 .
P le d g e d C o lla te r a l - Collateral p led ged by a d ep o si
SECTIO N 3015 - A U T H O R ITY tary and held in the safek eep in g departm ent o f an F R B ,
or b y an authorized third party custodian, as security
T hese procedures are issued under authority o f 31 for d ep osits o f p u b lic m o n ey in accordance w ith 31
CFR Parts 2 0 2 and 203. CFR Parts 2 0 2 and 2 0 3 .
SECTIO N 302 0 - D EFIN IT IO N O F TER M S Principal and Interest Payments - T he paym ent o f
funds representing principal and interest earned on
CUSIP (Committee on Uniform Security Identifica securities p led g ed a s collateral.
tion Procedures) Number - A unique nine-character
alphanum eric cod e often u sed w ith the standard secu Public M oney - R ev en u e and funds o f the U n ited S tates
rity description to identify a sp ecific securities issue. and any d ep osited funds that are subject to the control
The CUSIP root is the first fiv e or six d ig its o f the or regulation o f the U nited States or any o f its officers,
number. The rem aining numbers identify the sp ecific agents, or em p lo y ees. (1 2 U S C 26 5 ).
issue o f the security. CUSIP is part o f die A m erican
Bankers A ssociation. Receiver - A regulatory authority such as the Federal
D ep osit Insurance C orporation (F D IC ), appointed to
D ep ositary - A financial institution that has b een d es take custody o f and p reserve the assets o f a failed
ignated a “D epositary and F inancial A g en t o f the U .S . depositary for b en efit o f creditors according to F ed
G overnm ent” or a “Treasury T ax & Loan D epositary” eral/State statutes.
in accordance w ith 31 C FR Parts 2 0 2 and 2 0 3 resp ec
tively. SE C T IO N 30 25 - A N N O U N C E M E N T O F A DEPOS
IT A R Y FA ILU R E
Failed D ep o sita ry - A depositary that State or Federal
regulatory authorities h av e d eclared in solv ent; a d ep o s U pon receipt o f official notification from regula
itary for w hich a ie c e iv e r , conservator, 1 quidator, or tory authorities that a depositary has been closed or has
other sim ilar o fficer has b een app oin ted to terminate otherw ise fa iled , the FRB must fax an administrative
(8-3000-1)

vol n T/L 362
m essa g e (A p p en d ix 2) indicating the nam e, location L ate fe e s o w ed to Treasury by a TT& L

and status o f th e failed depositary to: rem ittance option depositary.
• A n y other know n outstanding amounts

B ank R e v ie w Branch
o w e d either by Treasury to the depositary
F inancial M anagem en t Service
or to Treasury by the depositary (for in- “Certifical
D epartm ent o f the Treasury
stance, Federal T ax Deposit (F IT )) fees o f
L iberty C en ter, (R m 4 2 0 A ) o w ed to the failed depositary, interest Assessmi
4 0 1 14th Street, SW . r e s u lt in g fr o m T T & L a d ju s tm e n ts ,
W ash in gton , D .C . 2 0 2 2 7 charges for stale or undated FTD s, sav
T elep h o n e (2 0 2 ) 874-6:590 in g s bon d sa les and redem ptions, or any
F ax (2 0 2 ) 2 8 7 -0 7 3 5 other pending adjustm ents on public debt
transactions).
SECTION 3030 - D E T E R M IN A T IO N O F F U N D
3030.40 - L ist o f O bligations. T he FR B w ill com
B A L A N C E S A N D C O L L A T E R A L IN F O R M A
p ile a hard c o p y list o f ob ligation s describing in
T IO N
detail the total am ount o f collateral p led ged by the
failed depositary (31 C FR Parts 202 and 203). The
T h e F R B m ust supply the Fin an cial 1Management collateral balance inform ation w ill b e categorized
S ervice (F M S ) w ith inform ation in S eel ion 3 0 3 0 as by the program to w hich it w as origin ally pledged
soon as possib le after receivin g o fficia l not ification that
(Part 202 or 203).
a depositary has failed.
T his hard cop y list m ust in clu d e th efollow in g:
3 0 3 0 .1 0 - P ublic M on ey A ccou n ts B alan ce Infor
m ation. T he FR B w ill obtain (from h e receiver) • A description o f the typ e o f security,
the clo sin g balances o f all p u b lic m o n ey accounts in clu d in g the C U S IP number, issue
the failed depositary m aintained unde r the p rovis date, maturity date, and the rate o f
ion s o f 31 CFR Part 2 0 2 . I f the receiver cannot interest.
provid e the necessary accou n t balance inform ation
• T h e nam e and address o f the obligor.
w ithin 5 bu sin ess d ays, the F R B w ill contact the
F ederal a g en cies having collateral p led g ed by the • T h e principal am ount or the face
failed depositary to reque st correspond lin g account v a lu e o f the security.
num bers and accou n t balan ce inform: ition.
• T h e outstanding balance o f the secu
(
rity.
3 0 3 0 .2 0 - T he TT& L A ccou n t Balanc e . T h e FRB
w ill report the clo sin g b alan ces o f the 1 reasury Tax • T h e current market valu e o f the se
& L oan (T T & L ) accounts to F M S . T he clo sin g cu rity, if on e can be determ ined.
balan ce is the balance in the d ep ositary’s demand
• T h e location o f the securities (for
and n ote accounts at the end o f the last day o f
e x a m p le, at the FRB or w ith a third-
d ep ositary operations. T he F R B w il I con tact the
party custodian).
receiver to determ ine i f an y funds in ia n sit to the
FR B should be included in the c lo sin g balance. A n y other appropriate descriptive in
form ation.
3 0 3 0 .3 0 - O ther A m ou n ts D u e to or by the G o v
SE C T IO N 3035 - R EPO R TIN G A C C O U N T B A L
ern m en t T h e FRB w ill report to FM S the fo llo w
i n g i n f o r m a t i o n o n p o t e n t i a l c l a i m s th e A N C E S A N D C O L L A T E R A L IN FO R M A T IO N
G overn m en t m ay h ave against th e depositary:
T he FR B w ill collect inform ation described in
• Interest o w e d to Treasury by a n ote o p section 3030 and send it to FM S as soon as it is
tion depositary o n b alan ces iin the TT& L available. If the failed depositary has no Governm ent
N ote A ccount. d ep osits, a n egative reply is required. Later, if infor
mation is received by the FRB that alters any o f the
(8-: 1-2)

vom T/L 362
infonnation previously reported, updated reports m ust 3 0 5 0 .1 0 - Collateral H eld by C ustodians. After
be sent prom ptly to FM S. receiving o fficia l n otification that a depositary has
failed , the F R B w ill inform the custodian (if one
SE C T IO N 3 0 4 0 - F E D E R A L R ESE R V E B A N K R E has b een d esig n a ted ) n ot to r e le a se collateral
p led g ed b y the failed d ep ositary, excep t w ith writ
SPO N SIBILITIES
ten authorization o f the F R B . A lso , the custodian
m ust b e a d v ised to divert cou p on s on p led ged
After receivin g official notification t tat a d ep o si
securities to the F R B . I f circum stances dictate, the
tary has failed , the FRB w ill—
FR B w ill order the collateral held by the custodian
to be transferred to the F R B .
3 0 4 0 .1 0 - T erm inate W aiver P rovisio is. T he FRB
w ill advise the depositary through the receiver o f
S E C T IO N 3 0 5 5 - P E N D IN G C A L L S A G A IN S T
the termination o f the w aiver provisions outlined
T R E A S U R Y T A X A N D L O A N D EPO SITA R IE S
in 3 1 C FR 20 2 .6 (e) and 2 0 3 .1 5 (0 and dem and that
the receiver rem it all future paym ent:;o f principal
I f the failed depositary d id not m aintain a re
and interest on the p led g ed collateral to the F R B .
The “A greem ent to R em it” (sam ple f ormat at A p serve/clearing account with the F R B and is clo se d w hen
pendix 3) w ill be presented to the receiver for a call is pending, the FRB w ill con tact the dep ositary’s
signature. S ee A ppendix N o . 4 for a : am p le cover correspondent to determ ine if the pen d in g call w ill be
letter. I f the receiver fa ils to sign the “A greem ent paid o n the paym ent date. If the correspondent ad vises
to Remit" for any reason, the FRB w ill n otify F M S. that the call w ill n o l be paid, the FR B m ust a d v ise the
receiver and request that sp ecial instructions b e issued
to the correspondent to honor the call. T he F R B must
3040.20 - Serve N o tice on all O b lig o r . T h e FRB
c o n ta c t th e re c e iv e r fo r in str u c tio n s i f the fa iled
m ust serve notice on all o b lig o rs or tn insfer agents
d ep ositary’s reserve clearin g acco u n t has b een frozen
o f p led ged collateral requiring them to direct all
paym ents o f principal and interest or the p led ged and the failed depositary (1) m aintained a reserve/clear
collateral to the FR B. rrhe “Letter to O bligors ing accou n t w ith th e FR B and (2 ) is c lo se d at a tim e
and/or Transfer A gents” (sam ple fo m at at Appen w hen a call is pending.
dix 5) w ill b e sent to each obligor and/or transfer
agent o f p led ged collateral. SE C T IO N 3 0 6 0 - F IN A L SE T T L E M E N T O F THE
C LA IM
SE C T IO N 3 0 4 5 - A C C O U N T IN G P R O C E D U R E S
FOR P R IN C IPA L A N D IN T E R E ST P A Y M E N T S D u e to the unique nature o f ea ch ca se o f a failed
depositary, it is n ot p o ssib le to w rite procedures that
For accounting purposes:, the FR B w ill create a w ill h ave universal application. H ow ever, all actions
special suspen se account into w hich all payments o f taken to (1) determ ine the am ount o f the G overn m en t’s
principal and interest on collateral pledged by the failed claim to be lev ied again st the receiver and (2 ) disp ose
depositary w ill be credited (including principal and o f the p led ged collateral, m u st b e coordinated with
interest on instrum ents held in b ook -en try form ). FM S. T he fo llo w in g is provided for guidance:
Funds m ust not be released from the susp< :nse account
without written authorization from F M S. T he FR B w ill 3 0 6 0 .1 0 - Settlem ent. O n ce the total am ount o f the
ad vise FM S and the receiver o f the ba ance in the G overn m en t’s claim again st the failed depositary
su spense account b y issuing reports w eel i y or w hen has b een determ ined, taking into consideration
ever requested b y either party. appropriate insurance coverage, the FRB must se
cure a full settlement from the receiver.
SE C T IO N 3 0 5 0 - SA FE K E E P IN G P L E D G E D C O L
L ATERA L
3 0 6 0 .2 0 - FRB Letter o f C ertification. O n ce a full
settlem ent o f the G overn m en t’s claim h as b een
The FR B m ust QQi release the p led ged collateral secured from the receiver, the FRB will write a
unless sp ecifica lly authorized to d o so in w riting by letter to FMS certifying that all known amounts
FMS. due the Government have been credited and there
(8-3000-3)

vol n T/L 362
is no longer a collateral requirement. See Appen and withdrawn only with the authorization of
dix 6 for a sample certification letter. FMS. W eek ly reports o f the balance in the sus
p en se account will be issued to the receiver and to
FMS. W hen the total claim o f the G overnm ent is
3 0 6 0 .3 0 - R elea se o f P led g ed C ollatei al. O n ce the satisfied , any e x c e ss balance in the susp en se ac-
FR B secu res a fu ll settlem en t o f th e G overn m en t’s
claim from the receiver, the F R B w ill request that release from FMS.
the receiver sen d FM S a letter o f indem nification
to secure an y future or unforeseen chum s due the S E C T IO N 3 0 6 5 - F E D E R A L R E S E R V E B A N K
G overnm ent (S e e A ppendix 1). FM S w ill n ot au
C H ECm ST
thorize the release o f the p led g ed coll; iteral until it
r e c e iv e s (1 ) confirm ation from the FR B that the
S ee A ppendix 7 for action s to be taken by FR B s
G overn m en t’s total cla im has b een settled and (2)
a letter o f in d em n ification from the receiver. U pon concern in g the d isp osition o f collateral p led ged under
receipt o f this inform ation, FM S w ill authorize the 31 CFR Parts 2 0 2 and 2 0 3 .
release o f th e p led g ed collateral to the receiver and
the release o f any p roceed s o f the ; uspense ac SE C T IO N 3 0 9 5 - IN Q U IR IE S
count.
Q uestions con cern in g this chapter should be di
rected to:
3 0 6 0 .4 0 - L iquidation o f P led g ed C ollateral. If the
r e c e iv e r f a ils to o ffe r fu ll se ttle m e n t o f the
Bank Review. Branch
G overnm ent’s claim again st the failed depositary,
FM S w ill determ ine w hether to hold or to d isp ose Financial Management Service
o f the p led g ed collateral in order to ach iev e the Department o f the Treasury
op tim al settlem en t o f the G o v ern m en t’s total Liberty Center. (Km 420A)
claim . I f it is d ecid ed to se ll either a j rartion or all M B — —
o f the collateral, the receiver w ill bo n otified in Washington, DC 20227
advance. The FRB, as the fiscal agent of the Telephone (202) 874-6590
United States, is responsible for liquidating all Fax (202) 287-0735
collateral pledged in accordance with 31 CFR
Parts 202 and 203. A ll p ro ceed s from the sale o f
collateral w ill b e credited to the su sp en se account
(8-3000-4)

VOL II APPENDIX NO. 4 T/L 362
SAMP LE COVER LETTER FOR THE

“AGREEMENT TO REMIT”
R eceiver
A ddress
C ity, State Zip
Dear Sir:
P lease find en closed the “A greem en t to R em it" to b e com pleted by the (R eceiver). B efore (B ank N a m e, C ity, State
and A B A # ) w as (declared in so lv en t or c ic s e d ) on (D a te), it pled ged the ob ligation s listed on the attached report to the
U nited States as collateral for p u b lic mone y according to the provision s o f T itle 31 o f the C o d e o f Federal R egu lation s,
Parts 202 and 203. A s receiver in equity, irustee in bankruptcy, or assig n ee for the b enefit o f creditors, you are hereby
notified that according to 31 CFR S ectio n i 2 0 2 .6 (e )(2 ) an d 2 0 3 .1 5 (0 ( 2 ), all paym ents o f p rin cip al or in terest receiv ed
now or later by you w ith respect to the securities in d icated are required to b e forw arded im m ed iately to the Federal
R eserve Bank o f ___________________ . Co pies o f 31 CFR Parts 2 0 2 and 203 are en clo sed for your reference.
In the event o f the pre-em in en ce o f a juris< lictional la w w h erein the receivership o f the depositary w ill b e adm inistered
according to the “Bankruptcy R u le,” it should b e understood that su ch an option has not b een e le c te d at this tim e.
A ccordingly, y ou are requesusd to ex e c u te the en closed “A greem en t to R em it,” and return it to the address indicated
below within ten days o f the date o f this It tier. Should you fail to comply with this request, action will be taken to
liquidate the listed obligations to protect the interests of the United States. . _ ,,
M argin Call
Should you have any q u esiio n s regarding this matter, p lea se c a ll (the undersigned) at (telephone num ber). Your
cooperation is appreciated.
Sincerely,
(F R B O fficer)
Federal R eserve B ank o f

Safekeeping D ivision
A ddress
City, Stale Zip
(8-3000-9)

YOLO APPENDIX NO. 5 T/L 362
LETTER TO OBLIGORS AND/OR TRANSFER AGENTS

D ear Sir.
T h is is to ad vise (N am e o f the O b ligor) tliat o n (D ate) the (B ank N am e, C ity, State, A B A # ) w as (declared insolvent,
c lo se d or p la ced in receivership). T he o b i igations listed b e lo w w ere pled g ed b y (B ank N am e) as collateral security for
p u b lic m o n ey . Y ou are hereby n otifiec that according to T itle 31 o f the C od e o f Federal R egu lation s, Section
2 0 2 .6 (e )(2 )(ii) and S ectio n 2 0 3 .1 5 (f)(2 )(ii), all paym ents o f principal and interest on the securities listed below due
now , or in the future, are required to b e m ade p ayab le to the U nited States D epartm ent o f the Treasury and sent to:
Federal R e se n e; Bank o f _____________________________

D epartm ent
A ddress
C ity, State Zip
C op ies o f 31 C FR Parts 2 0 2 and 2 0 3 are e n clo sed for your reference.
(LIST OF OBLIGATIONS)
If you have any questions, p lea se con tact ;the undersigned) on (telephone num ber). Y our cooperation is appreciated.
S incerely,
(FRB O fficer)
(8-3000-10)

Chapter 5 00 0
LETTER OF C R E D IT - FED E R A L R E SE R V E BANK SYSTEM O P E R A T IO N A L R E Q U IR E M E N T S
This chapter prescribes the operating procedures, forms and format to be

iollowed by Federal Reserve banks and branches (FRBS) for letter -of -credit
operations.
Section 5 0 1 5 -AUTHORITY
12U.S.C. 391 authorizes the Secretary of the Treasury to use Federal Reserve
banks and branches as depositaries and fiscal agents of the United States.
Section 5 0 2 0 -L E T T E R OF C R E D IT -FEDERAL RESERVE BANK SYSTEM
Functions of the system are summarized as follows:
• The Federal program agency will obtain the manual signatures of recipient
organization officials authorized to sign payment vouchers drawn on the
letter of credit.
• The Federal program agency will send a certified letter of credit and
signature card to the Cash Management Regulations and Compliance Staff (II
TFM 5-5095). This staff will transmit the letter of credit and signature
card to the appropriate Federal Reserve bank (FRB) after the signature of
the certifying officer of the Federal program agency and information on the
letter of credit and signature card are verified. Responsibility for the
amount authorized and validity or legal effect of signatures entered on any
letter of credit or signature card rests entirely with the certifying
officer of the Federal program agency, not the FRB.
• As funds are needed, the recipient organization will submit a properly

completed payment voucher to the financial institution for transmission to
the appropriate FRB. Payment vouchers are generally considered as noncash
items and are credited to the account of a financial institution which has
access to services provided by a FRB.
> The FRB will review the payment voucher and, if proper for payment, credit
the account of the financial institution and charge the account of the
Treasury with the amount of the voucher.
th e n t h a t a c co u n t m u st be private!
Section 5 0 2 5 -D E F IN IT IO N S
i025.10 -Checks Paid Technique. This term refers to a special technique of

layment where by a financial institution or FRB is authorized to draw on the

letter of credit on behalf of the recipient organization.
5025.20 -Federal Program Agency. This term refers to an entity of the Federal!
Government which authorizes payments to a recipient organization.
5025.30 -Financial Institution. This term refers to a financial organization 1

having director indirect access to Federal Reserve services and having demand|
deposit accounts.
5025.40 -Letter of Credit. This term means a commitment, certified by an

authorized certifying officer of a Federal program agency, specifying a dollar
limit available to a designated recipient organization.
5025.50 -Letter of Credit -Federal Reserve Bank System. This term identifies j
the system whereby the letters of credit are maintained and serviced by Federa:
Reserve banks acting for the United States Treasury.
5025.60 -Recipient Organization. This term refers to an organization outside

the Federal Government receiving payments of Federal funds.
Section 5030 -FORMS
The following forms, illustrated in Appendix No. 1 to this chapter, are used I
under the Letter of Credit -Federal Reserve Bank System:
Form Number Title
SF 1193 Letter of Credit
SF 1194 Authorized Signature Card for Payment Vouchers on Letter of Credil1

]
TFS Form 1207 Statement of Inactive Letters of Credit
TFS Form 1214 Rejected Payment Vouchers on Letters of Credit
TFS Form 5401 Payment Voucher on Letter of Credit

i
TFS Form 5851 Treasury Letter of Credit Transmittal

c
TFS Form 5858 2 -Way Memorandum Regarding Status of Letter of Credit Audit -
Verifications
r
5030 .10 -SF 1193 "Letter of Credit." This form will be used by Federal prog rajc
agencies to issue letters of credit under the Letter of Credit -Federal R e s e rv lc
Bank System.
f
5030.20 -SF 1194 "Authorized Signature Card for Payment Vouchers on Letter of t
Credit." This form will be used to designate the signatures of the recipient®
organization officials authorized to sign letter -of -credit payment vouchers.!
Copy Claim ed February 2020 ■1

,5030 .30 -TFS Form 1207 "Statement of Inactive Letters of Credit." This form
will be used to report the status of inactive letters of credit to FRB S .
5030 .40 -TFS Form 1214 "Rejected Payment Vouchers on Letters of Credit." This
form will be used by FRBs to explain the reason for rejecting a payment
voucher.
5030.50 -TFS FORM 5401 "Payment Voucher on Letter of Credit." This form will be
used by a recipient organization to withdraw funds on a letter of credit.
5030 .60 -TFS FORM 5851 "Treasury Letter of Credit Transmittal." This form will
be used by the Bureau of Government Financial Operations (BFGO) to transmit SF
1193, SF 1194, and other letter -of -credit information to the FRBS.
5030 .70 -TFS FORM 5858 " 2 -Way Memorandum" Regarding Status of Letter of Credit
Audit Verifications. This form will be used to certify that letter -of -credit
balances have been verified and are correct. Furthermore, it will be used by
the FRBs to report exceptions to balances.
5030 .80 -Special Forms. Upon approval from the Cash Management Regulations and
Compliance Staff, Federal program agencies may use special forms to issue
letters of credit. When processing these forms, FRBs shall apply the same
operational requirements as pertinent to the SF 1193.
Section 503 5 -ESTABLISHING THE LETTER OF CREDIT
5035.10 -Receipt of Letter -of -Credit Documents. Cash Management Regulations and
Compliance Staff will use TFS Form 5851 to forward letter-of credit documents.
Opon receipt of TFS Form 5851, the FRB shall verify the signature of the Cash
Management Regulations and Compliance Staff representative appearing on the
transmittal against signatures of those individuals authorized to sign a TFS
Form 5851 identified in correspondence signed by the Commissioner, BG F O , or an
appropriate designee. FRBs will be notified as changes in authorizations occur.
If an unauthorized signature appears on the transmittal or the transmittal is
unsigned, the FRB must contact the Cash Management Regulations and Compliance
Staff before processing any documents. After verifying the signature, the FRBs
shall insure that the typed information on the transmittal agrees with the
letter-of -credit documents attached.
The Cash Management Regulations and Compliance Staff will examine all letter-
of-credit documents for completeness and accuracy prior to transmitting the
documents. In the event there is extraneous, missing, or erroneous data, the
Cash Management Regulations and Compliance Staff must be notified before any
further action is taken. If everything is in order, the duplicate copy of the
transmittal shall be signed, dated, and returned no later than the next
business day to:
Cash Management Regulations

and Compliance Staff
Administrative Services
Bureau of Government Financial
Operations
Department of the Treasury
Treasury Annex No. 1, PB-809
Washington, DC 20226
5035.20 -Receipt of Letter -of -Credit Information by Wire. The Cash Management
Regulations and Compliance Staff will wire letter -of -credit information when
circumstances warrant. FRBs will accept and act on wired information received
from the Cash Management Regulations and Compliance Staff. A FRB, at its own
discretion, may use a callback procedure to verify wired information received
from the Cash Management Regulations and Compliance Staff. Occasionally, the
Cash Management Regulations and Compliance Staff will telecopy signature cards
when a FRB has the means available to receive such information. Ordinarily, the
SF 1193 and/or SF 1194 will be mailed from the Cash Management Regulations and
Compliance Staff no later than the next business day under cover of TFS Form
5851.
5035.30 -Examination of Letter -of -Credit Documents. Federal Reserve banks shall
examine for completeness each initial letter of credit and signature card
received from the Cash Management Regulations and Compliance Staff. At a
minimum, the FRBs shall verify that...
• The correct FRB is indicated on the SF's 1193 and 1194.
• The name of the recipient organization appearing on the SF 1193 agrees with
the corresponding SF 1194.
• The letter -of -credit number on the SF 1193 agrees with the SF 1194.
• An amount authorized is indicated on the SF 1193 and a period of

availability of funds is checked.
• A block is checked on the SF 1194 indicating the number of signatures

required to draw on the letter of credit.
• The SF's 1193 and 1194 are signed.
5035.40 -Amendments to Letter of Credit. Amendments to letters of credit will

be transmitted to the appropriate FRBs by the Cash Management Regulations and
Compliance Staff. FRBs must review all amendments received for completeness by
verifying that...
• The Letter of Credit is currently on file.

10
1921 Ballentine G E N E R A L D IR E C T IO N S
p ossib le, w ith the tim e, place, m anner, and order of per
form ance. V a g u e term s, such as “fair,” “proper,” and
“reasonable,” should be avoided and definite standards
of excellence, fairness, and reasonableness sh ould be
provided in advance. S om etim es th ese are le ft to the
certificate o f an architect or engineer. T h e p recise acts
or things w hich are expected should b e defined, leavin g
n o th in g open to doubt or su bsequ en t agreem ent. For
the sake o f clearness and sim p licity use terse, short,
blunt sen ten ces and break up lo n g sen ten ces and para
graphs in to sh o rt ones. D ifferen t term s sh ould n o t be
used to refer to the sam e th in g in different parts o f the
in stru m en t; nor should the sam e w ords or phrases be
em ployed w ith different m eanings. W h en a person or
th in g has on ce been m entioned, reference m ay th ere
after be m ade to the “said” or “aforesaid” person or
th ing as an aid to b revity and certainty.
E xecu tion .— A g reem en ts should be sign ed , w h en
practicable, b y all the parties to them , or b y their
authorized agen ts. A docum ent w h ich concludes w ith
such words as “W itness our hands” would be prim a facie
incom plete if u nsign ed b y any of the parties m entioned
in the body o f the contract. T h e so-called testim oniu m
clause at the end o f the contract u su ally reads, “In W it
ness W h ereof, the parties hereto h ave hereunto set
their hands th e d ay and year first above w ritten ,” or
“W itn ess our hands and seals th is d ay of
A u gu st, 1916.
“John D oe (S ea l)
“Richard R oe, (S ea l)
“B y John Sm ith , A g en t.
“Signed in the presence o f:
“W itn ess.”
\
Copy Claimed February 2020 a || conveyances require a se&l?"

22 P R E P A R A T IO N A N D IN D O R S E M E N T
innocent purchaser m ay collect it in spite of failure of

the consideration for which it w as given.
U n d er the U niform Negotiable In stru m en ts Law,
now adopted in fifty-one jurisdictions, the requirem ents
for a negotiable in stru m en t are laid down as follo w s:
Sec. 1.—An instrument to be negotiable must conform to
the following requirements:
1. It must be in writing and signed by the maker or
drawer.
2. Must contain an unconditional promise or order to pay
a sum certain in money.
3. Must be payable on demand, or at a fixed or determin
able future time.
4. Must be payable to order or to bearer; and
J5. Where the instrument is addressed to a drawee, he
must be named or otherwise indicated therein with reasonable
certainty.
W o rd s o f N eg o tia b ility .— In order to be negotiable,

the in stru m en t m u st be payable to “the order of A,”
or to “A ’s order,” or to “ bearer,” or to “A or bearer.”
T hese w ords of negotiability indicate an intention that
the paper shall be transferable. A check payable to a
fictitiou s or n o n -ex istin g payee (as to cash) is payable
to bearer.
C ertainty.—N o requirem ent is more fundam ental in
connection w ith negotiability th an certainty of terms.
T h e promise or obligation of a negotiable instrum ent
cannot be contingent or conditional. I t m u st be certain,
both as to the sum to be paid and as to the time of
paym ent.
C ertain ty as to A m ount. — C ertainty as to the am ount
payable is not affected by the following provisions:
Sec. 2.—The sum payable is a sum certain within the
meaning of this act, although it is to be paid:
1. With interest; or
2. By stated installments; or
C opy C laim ed February 2020 -344-
Signed by: jo h n doe, w ith o u t reco urse/w arranty, fo r collection.
R E Q U IS IT E S OF N E G O T IA B IL IT Y 23
3. By stated installments, with a provision that upon de

fault in payment of any installment or of interest, the whole
shall become due; or
4. With exchange, whether at a fixed rate or at the cur-
* rent rate; or
5. With costs of collection or an attorney’s fee, in case
payment shall not be made at maturity.
W h en P ro m ise is U n conditional.— B y S ection 3 of
the N . I. L.
Sec. 3.—An unqualified order or promise to pay is uncon
ditional within the meaning of this act, though coupled with:
1. An indication of a particular fund out of which reim
bursement is to be made, or a particular account to be debited
m m m i— m i °r
2. A statement of the transaction which gives rise to the
instrument.
But an order or promise to pay out of a particular fund
is not unconditional.
T h e d istinction b etw een an order or prom ise to pay
ou t o f a particular fund, as ou t of an y am ount due the
drawer on a certain contract or shipm ent, and an indica-
reim burse him self, or to w h ich he m ay debit th e am ount,

is not alw ays ea sy to determ ine.
C ertainty o f M aturity.— S ection 4 o f the N . I. L .
indicates w hen the tim e o f p aym en t m ay be con sidered
certain.
Sec. 4.—An instrument is payable at a determinable future
time, within the meaning of this act, which is expressed to
be payable: (
1. At a fixed period after date or sight; or
2. On or before a fixed or determinable future time spe
cified therein; or
3. On or at a fixed period after the occurrence of a spe
cified event which is certain to happen, though the time of
happening be uncertain.
An instrument payable upon a contingency is not negoti
able, and the happening of the event does not cure the defect.

words are ambiguous or uncertain, references may be had

to the figures to fix the amount;
2. Where the instrument provides for the payment of in
terest, without specifying the date from which interest is to
run, the interest runs from the date of the instrument, and if
the instrument isundated, from the issue thereof;
3. Where the instrument is not dated, it will be consid
ered to be dated as ofthe time it was issued;
4. Where there is a conflict between the written and
printed provisions of the instrument, the written provisions
prevail.
5. Where the instrument is so ambiguous that thereis
doubt whether it is a bill or note, the holder may treat itas
either at his election;
6. Where a signature is so placed upon the instrument
that it is not clear inwhat capacity the person making the
same intended to sign, he is to be deemed an indorser;
7. Where an instrument containing the words “I promise
to pay" is signed by two or more persons, they are deemed to
be jointly and severally liable thereon."
S ig n atu re b y A gent.— Signature of any p arty may
be m ade by a duly authorized agent. One w ho signs in
a trad e or assum ed nam e will be liable as if he had
signed his own name. W here a person adds to a sig
n atu re w ords indicating th a t he signs for or on behalf
of a principal, he will not be personally liable on the
in stru m en t if he is duly auth orized; but the mere addi
tion o f w ord s d escrib in g him as an agent, w ith ou t d is
c lo sin g h is principal, d oes n ot exem p t him from per
sonal liability. W h ere a signature is forged or m ade
w ith o u t th e au th o rity of the person whose signature it
p u rp o rts to be, it is w holly void and inoperative. A
forged check cannot be charged by a bank against a
depositor, as the paym ent to the forger w as u n au th o r
ized.
Joint Notes.— If it is desired to draw a joint prom
issory note, th e note should read : “W e promise.,, A
n ote w hich reads “ I p ro m ise /’ signed by tw o o r more

accrued and become payable, is invalid as being against

public policy. (Y oung v. Hill, 67 N. Y. 162, 23 A m eri
can Decisions, 99.) In terest on in terest is n o t recov
erable in M innesota unless the co n tract is in the form
of interest coupons as on bonds. In Illinois if the
debtor agrees th a t th e annual interest, if not paid, shall
become p a rt of the principal and bear interest at the
same rate as the original principal, this is held to be a
provision for com pound interest, which is not recover
able. B ut interest bearing coupons m ay be attached to
bonds or notes, interest on which is com pounded once
only and n o t indefinitely. (B ow m an v. Neely, 137 111.
433; Telford v. Garrels, 132 111. 350; P alm v. Fauchet,
93 Miss. 785, 48 So. 818, 33 L. R. A. (N. S.) 297
note.)
Indorsem ent. —In do rsem ent of a negotiable in stru
m ent is, (1) a transfer of title to the indorsee so th a t
he can sue in his own n am e; (2) an implied contract
by which the indorser makes him self responsible for
p aym ent after due presentm ent is m ade and notice of
dishonor given. T h e cu stom ary form o f in dorsem en t is
made b y w ritin g th e nam e across the back o f the paper:
T h e unqualified indorser engages th a t on due p resen t
m en t the in stru m en t will be accepted and paid, and
th a t if dishonored, he will com pensate the holder or a
subsequent indorser, who is compelled to pay, p ro
vided due notice of dishonor is given.
F o rm s o f In dorsem en t. — (1) A blank indorsem ent
specifies no indorsee and consists sim ply of the signa
ture of the holder, Richard Roe. T h is makes the
in stru m en t payable to bearer. A fter indorsem ent in
blank, therefore, no fu rth er indorsem ent is necessary,
and the in stru m en t w ill pass b y d elivery as one pay
able to bearer. I t is dangerous to lose an instrum ent
so indorsed. A n y holder m ay convert a blank indorse
FO RM S OF IN D O R S E M E N T 29
m ent into a special indorsem ent b y w ritin g th e nam e
of som e p ayee above the signature.
(2) Special Indorsem ent. — T h is specifies th e person to
w h om or to w h o se order the instrum ent is payable and
requires in dorsem en t by him . It is in form sim p ly an
order. I t m ay read eith er “P a y to the order of W illiam
W e lls, sign ed b y R ichard R oe,” or “p ay to W illiam
W e lls or order, Richard R o e,” or sim p ly “pay to W il
liam W ells, R ichard R oe.” A n in dorsem en t does not
require w ord s of n eg o tia b ility such as “to th e order of.”
T h e effect is the sam e in all cases.
(3) Qualified Indorsem ent, “W ith o u t Recourse.” — It
is not alw a y s understood th at an indorsem ent, although
qualified by the w ord s “w ith o u t recou rse,” im plies a w ar
ranty, (a ) th at the instrum ent is g en u in e; (b ) that the
indorser has a good title; (c) th at prior parties had
cap acity to co n tra ct; (d ) th at he has no k now led ge of
facts th at w ou ld im pair the valid ity of the instrum ent
or render it v a lu eless. Such indorser d oes not guar
an tee, h ow ever, acceptance or p aym ent, or that the
in stru m en t is a valid or su b sistin g ob ligation , aside from
forgery, alteration or incapacity. If there is any forged
signature on th e paper one w ho indorses “w ith ou t
recourse” w ou ld be liable for dam age caused by the
forgery.
indorsement Without Recourse and Without
W a rra n ty .—A n in stru m en t m ay be indorsed “W ith o u t
recourse and w ithout w arranty, express o r implied.”
Such indorsem ent would pass title, b u t would seem to
relieve the indorser of all fu rth er responsibility.
(5 ) R estrictiv e Indorsem ent. — T h is m ay prohibit the
further n egotiation of the instrum ent or con stitu te the
in dorsee m erely the agen t or trustee of th e o w n e r ; e. g.,
“D ep o sit to m y account, Richard R oe.” “P a y to the

Bank of W isconsin for collection, R ichard Roe ” “ P ay

A or order for the benefit of B.” In depositing a note,
check or oth er in stru m en t for collection in a n o th er city
it is a wise precaution to indorse it “f o r co llectio n
T his charges correspondent banks w ith notice of the
rights of the ultim ate ow ner and m ay prev en t loss in
case of insolvency of the initial or collecting bank.
(6) Ind o rsem ent and W aiver.—“ P ro te st w aived,” or
“ Presentm ent, dem and and notice of p rotest waived, and
consent to extension of time w ithout notice to me.
Richard Roe.” Such w aiver dispenses w ith these implied
conditions to th e liability of indorser. *(L. R. A. 1916 B.
941, N. I. L. 40, 41.)
If a w aiver is contained in the body of the in s tru
ment, presum ably it applies to all persons w ho sign or
indorse i t ; b u t if it is w ritten above the signature of an
indorser, presum ably it applies only to the indorser
whose name is w ritten underneath. B u t one m ight
p rin t or w rite on th e back a w aiver w hich w ould apply
to all, as “ all indorsers on this in stru m en t waive notice.”
W h en the holder of a check procures it to be certi
fied by the bank, the d raw er and all indorsers are dis
charged from fu rth er liability.
(7) N am e Misspelled.—W here the nam e of the holder
is misspelled, as w here a check is m ade payable to
“John A. B row n,” w here the payee’s true nam e is
“Jam es K. Brow ne,” the instrum ent should be indorsed
by signing th e nam e by which he is d esignated in the
check, adding th ereunder his correct nam e if he so de
sires. (N. I. L. sec. 43.)
D rafts and Bills of Exchange.—A bill of exchange
or d raft is an unconditional order in w ritin g by which
A directs B to pay to C o r to his order, or to bearer,
a certain sum of m oney at a fixed or determ inable future

ACCEPTANCE OF DRAFTS 31-
time. A check is sim ply a bill of exchange drawn on a

bank, payable on demand. A usual form of draft is as
follow s: '
Chicago, Xll., Nov. |1, 1920.
At sight pay to the order of C, three hundred dollars;
value received, and charge same to the account of
To: B A.
In this draft A is the drawer, B is the drawee, and

C the payee. B, the drawee, is not liable unless he
accepts the bill and assents to the order of the drawer.
If B accepts the order he writes the word "Accepted”
in red ink across the face of the bill and signs his
name. It is well to add, also, the date of the accept
ance, the date that it is payable and the place. There
after B is known as the Acceptor and becomes primar
ily liable. T he document is then known as an accepted
bill or “Acceptance.” If the payee wishes to transfer
the paper he indorses it and becomes also responsible as
an indorser..
An accepted draft can circulate in the same w ay as
a promissory note of the acceptor. The drawer is liable
som ewhat after the manner of an indorser. A “bank
acceptance” is a draft of which the drawee and acceptor
is a bank or trust company. A “trade acceptance” is a
draft drawn by a seller, and accepted by a buyer for
the price of goods purchased. The seller may thus
obtain a negotiable instrument representing the price of
goods sold, which may be discounted by banks. It is
"two name” paper, as both the drawer and acceptor are
behind it.
A time bill of exchange or trade acceptance, given
at the tim e of the purchase of goods, is an acknowledg
ment of indebtedness and a promise to pay it at a future
date, usually thirty, sixty or ninety days distant. These
instruments of credit are intended to pass from hand to

32 PREPARATION AND INDORSEMENT
hand and to be easily convertible into cash. The course

of business often is for the seller to draw on the buyer,
who accepts the bill and returns it to the seller, who
discounts it with his bankers or with som e individual
purchaser.
The draft or bill of exchange is a common method
of collection from a debtor residing in another city. The
payee of a draft is often a bank or express company
selected by the drawer to make a collection from a
debtor. The draft is sent to the bank by mail to collect
and remit the proceeds, less collection charges. It may,
of course, be drawn in favor of any one to whom the
drawer wishes the money paid by the drawee. There
is no obligation upon a drawee to honor or accept a
draft, even if he owes the money, and no penalty if he
fails to do so.
Banks frequently serve as collection agencies to pre
sent drafts for collection which are attached to bills of
lading for goods sold. If the draft is discounted by the
collecting bank, signatures of the drawer and acceptor
of the draft form one part of the security, and the
goods another, if an order bill of lading is indorsed
with the draft.
Sometimes the bill of lading is turned over to the
buyer and the bank retains its lien by a “trust receipt,”
that the bill of lading, the goods and their proceeds and
any part thereof, are to be held by the acceptor in trust,
for payment of the draft or debt of the consignee. The
receipt may provide: “W e hereby engage to hold the
said goods in trust, in your behalf, to have them duly
stored, insured against fire, and to remit to you the pro
ceeds as and when sold.” U nless this provision is
stamped upon the bill of lading itself, a purchaser of
the bill of lading might take the goods free from the
lien of the banker. (W illiston, Lectures on Commer
cial Law, sec. 167.)
34 PREPARATION AND INDORSEMENT
F orms of D raft or B il l of E xchange
, Chicago, 111., October 1, 1920.

tw enty)
On demand (or at sight, or in sixty) days after
ninety)
date (sight) pay to the order of Richard Roe, One
thousand ($1,000.00) Dollars, for value received, and
charge the same to my account. (W ith interest at
...................... per cent per annum.) •
T o: John Smith, John Doe.
N ew York City, N. Y.
Note.— If the drawer and payee are the same per
son the draft may read: “Pay to the order of Our
selves.”
An acceptance of this bill would read:
“Accepted. N ew York, October 3, 1920.
“John Smith.”
and would be written across the face of the bill.
N ote.—The acceptance may make the draft payable
at a particular place or upon the delivery to me of a bill
of lading for certain goods or on whatever other con
dition may be desired— e. g.,
“Accepted, payable at the First National Bank only.
“John Smith.”
Or, “Payable July 1, 1920.”
B y the N . I. L. a draft payable at sight or where no
time is expressed, is payable on demand.
G uaranty of N ote and E x pen se s of C o l l e c t io n

“For value received the undersigned jointly and sev
erally indorse and also guarantee the payment of the
within note at maturity to any holder, together with
interest at the rate of seven per cent per annum until
FORMS OF NOTES AND DRAFTS 35
paid, and agree to pay all cost and expenses incurred in

collecting the same together with attorney’s fees, waiv
ing demand, protest and notice of dishonor and dili
gence in collection.
Richard Roe,
John Doe.
A s s ig n m e n t of D e b t or C h o se in A c t io n
“Know all men by these presents:—That I, A . B.,

for value received, viz.; .................. hereby assign and
transfer to C. D. the debt ow ing to me by X . for (here
insert description of debt or claim) and appoint him
my attorney with irrevocable power to collect the same
for his own use and benefit, with full power to collect
and receipt for same, but at his own cost. I guarantee
that said debt is due and ow ing at this date.”
A. B.
Form of a Mortgage N ote Payable in Installm ents.—
Follow ing is a form of mortgage note from Peter Poor
and wife to Samuel Rich for Five Thousand Four Hun
dred and Fifty Dollars ($5,450.00), dated Sept. 1, 1920,
payable in five years in installments of Five Hundred
Dollars ($500), on or before Sept. 1st each year, and
the balance at the end of five years. Interest at 6%
is to be paid quarterly and is to be compounded if not
paid when due. There is an acceleration clause pro
viding for maturity of the entire note in case of default
in payment of interest or installments continuing for
a period of thirty days. The makers are to have the
privilege of paying off the principal in multiples of
Five Hundred Dollars ($500.00) on any interest date.
$5,450. Madison, W is., Sept. 1, 1920.
FOR V A L U E R E C E IV E D , I promise to pay
Samuel Rich, or order, Five Thousand Four Hundred

74 DEEDS OF CONVEYANCE
the title and covenants are subject. Assumption of mort

gage by grantee.
13. Conclusion which contains the signature and
seals of the grantors.
14. T h e attestation.
15. Certificate of acknowledgment by notary pub
lic is usually necessary for recording purposes.
Introduction.—T he tw o common forms of com

mencement of a deed are those of the deed poll and the
indenture. T h e deed poll is a form which may be used
when the persons executing it are all of one part, i. e.,
where the grantors only sign. A deed poll commences
with a formula as follow s:
“K N O W A L L M EN BY T H E S E PR E SE N T S, that
the C. B. & Q. R. R. Co., a corporation created and
existing under the laws of the State of Illinois, for and
in consideration of the sum of $10.00 to it paid, etc.”
T he more common and convenient form for deeds

is that of the Indenture, which purports to be the act
of two or more sets of parties:
“T H IS IN D E N T U R E , Made this first day of Janu
ary, 1920, by and between A and B, his wife, of the
City of X, parties of the first part, and C, of the City
of Y, party of the second part, w itnesseth:”
The party who conveys is usually named first as
grantor or party of the first part, and the party to
whom the deed is made is named as grantee, or party
of the second part.
If the grantor is a single man or woman, that fact
should be recited, e. g., “a single man,” or a “widower.”
W hen a woman acquires land and subsequently mar
ries, she may be described with her own first Christian
name and her husband’s surname, followed by a recital

is an inadequate rem edy for a breach, but for some oth er reason,
— when in fact th e relief given is th e sam e in equity as at law,
namely, a com pensation in money, — the jurisdiction is never
designated by th e term “ specific perform ance.”
T he preceding article com prised all th at it was proposed to say
upon th e subject of specific perform ance ; but it rem ains to speak
of th ree im portant classes of cases in which equity assum es ju ris
diction over contracts or o th er obligations, and yet gives no other
relief th an a com pensation in m oney ; nam ely, first, bills for an
a c c o u n t; secondly, bills in th e nature of an action of assum psit, or
bills of equitable assum psit ; thirdly, cred ito rs’ bills, i.e., bills filed
by creditors of persons deceased against th e executors or adm inis
trato rs of the debtors to compel the paym ent of th e debts.
B il l s f o r an A ccount.
E very bill for an account m ust be founded upon an obli

gation to ren d er an account. W hat th en is the n atu re of
such an obligation, and w hen does it exist? In strictn ess this
question does not belong to the subject of these a rtic le s ;
but the obligation to render an account is so little understood,
th a t a know ledge of it cannot properly be assum ed. I t was
formerly well enough understood by common-law lawyers, but,
with the disuse of th e action of account, nearly all know ledge of
it has been lost by them . I t m ight be supposed th at w hat com
mon-law law yers ceased to know in this regard, equity lawyers
would have learned ; but such is not the fact. P artly from an in
disposition am ong equity law yers to study common-law learning,
which common-law law yers regard as obsolete, and partly for
another reason, the obligation to account has never been well
understood by equity lawyers. T he other reason is th e wide, in
determ inate, and vague sense in which th e term “ a c c o u n t” has
always been used in equity. It has been usual to call all bills in
equity which m ay involve a reference to a m aster to take an
account of any kind or for any purpose (and such bills are m any
in num ber and very diverse in character) bills for an account,
especially as often as it has been found necessary to give them
that nam e in order to sustain them in point of ju risd ic tio n ; and
the fact has not been recognized th a t such bills are tru e bills for
an account only when they are founded upon a legal obligation to
ren d er an account, and th at in all oth er cases they rest upon some
o th er principle in point of jurisdiction.
C o p y C la im e d F e b ru a ry 2020 -355-
A B R IE F SU R VEY O F E Q U IT Y JU R IS D IC T IO N . 75
T h e obligation to ren d er an account is not founded upon con

trac t, but is created by law independently of contract. Of course
th ere may be in term s a prom ise or a covenant to render an ac
count, or a bond may be upon th e condition th at the obligor
ren d er an account, and such prom ise,1 covenant,2 or b o n d 3 may
support an action at law, but n eith er of them will ever create an
obligation to account, any more than a prom ise to pay a definite
sum of m oney will create a d e b t ; fo r if th e tacts from which the
law raises such an obligation do not exist, the obligation will not
exist, n o tw ith stan d in g such prom ise, covenant, or b o n d ; and if
such facts do exist, th e law will raise the obligation to account in
d ep en d en tly of the prom ise, covenant, or bond, and the la tte r will
be e n tirely collateral to th e form er.4
W h at th en are th e facts which m ust exist in order to induce the
law to raise an obligation to account ? F irst, the person upon
whom such an obligation is sought to be imposed (and whom we
will call th e defendant) m ust have received property of some kind
not belonging to h im s e lf; for otherw ise he will have nothing to
account for or to ren d er an account of. . A t common law there
are only th ree classes of persons who can incur an obligation to
account ; namely, guardians, bailiffs, and receivers ; and a guar
dian, a bailiff, or a receiver is a person w ho_receives property
belongm g to another. A s to a guardian or a receiveF~this~Is
obvious ; and it is equally tru e as to a bailiff. Indeed, “ bailiff”
has the same derivation and th e sam e m eaning as “ bailee,” each
of them signifying a person to whom property is bailed or
delivered.
If such be the rule at common law, of course the rule in equity
m ust be th e sam e in substance ; for it is the common law th at
creates the obligation, th e enforcem ent of it being alone the func
tion of equity. It is not, indeed, necessary in equity to describe
a defendant as a guardian, a bailiff, or a receiver, in order to
m aintain a bill against him for an a c c o u n t; nor is it necessary to
show th a t he is one of these rath e r th an a n o th e r; but it is indis
1 Spurraway v . Rogers, 12 Mod. 517; W ilkin v. W ilkin, 1 Salk. 9, 1 S h o w . 7 b
Comb. 149, Carth. 89; Owston v. Ogle, 13 East, 53S; Topham v. Braddick, 1 Taunt. 572.
2 B arkers. Thorold, 1 Wms. Saund. 47.
8 Vere v . Smith, 2 Lev. 5, I Ventr. 121; Anon. I L. P. R. (1st e d .), 32.
4 1 Rol. Abr., Accompt ( A ) , pi. 5, S; Hawkins v, Parker, 2Bulstr. 256, 1 Rol. Abr.,
Accompt (A ), pi. 15, 1 Rol. Rep. 52; Anon., Dyer, 51, pi. 14. See Bro. Abr., Accompt.
pi. 60.
76 A B R IE F SU RVEY O F E Q U IT Y JU R IS D IC T IO N .
pensable th at he have in tru th th e qualities of one, of two, or of all

th ree of th ese classes of persons.
T h e distinctions betw een a bailiff and a receiver are im portant.
A receiver is one who receives money belonging to another for the
sole purpose of keeping it safely and paying it over to its owner.
If the th in g received be anything else than money, th e receiver is
a b a iliff; and so he is, though the th in g received be money, if he
have any o th er duty to perform respecting it than th a t of keeping
it safely and paying it o v e r,— if, c.g., he be bound to employ it
for th e profit of its o w n e r; and hence th e rule th a t a receiver ad
vicrchandisandum is a bailiff.1 M oreover, w h eth er a person be
accountable for property as a bailiff or as a receiver depends upon
the original receipt, and not upon th e sta te of things existing at
the tim e when th e question arises. T herefore, one who has re
ceived p roperty as a bailiff is still a bailiff, though th e property
have all been converted into money, and th e only duty rem aining
be to pay th e m oney over to its owner.2 In short, “ once a
bailiff, always a b ailiff” is the rule.
T h e term “ b a iliff” is not in popular use in this c o u n try ; and
even in E ngland its popular use, as applied to persons who are
under an obligation to account, is confined to persons who have
charge of land belonging to others, and who are accountable for the
rents and profits of such land.3 Still, in law, both in E ngland and
in this country, every factor or com m ission-m erchant is a bailiff in
respect to the goods consigned to him for sale.4
Secondly, th e person.- seeking to impose the obligation (and
whom we will call the plaintiff) m ust be th e ow ner of th e property
in respect to which the obligation is sought to be imposed. In
other words, ow nership by th e plaintiff m ust concur with posses Trust!
sion by the defendant. U ntil these two things co-exist, the obliga
tion to account cannot e x ist; and when th ey cease to co-exist, the
obligation to account will cease to exist. If, therefore, the p ro p erty
be received by the defendant under such circum stances th a t it be-
1 i Rol. Abr., Accompt (0 ),p l. 4, 5. “ If a writ Ire against the defendant as receiver,
a declaration upon a receipt a d m e r c h a n d i s a n d u m , for which he is chargeable as bailiff,
Is not good .” Com. D ig ., Accompt (E . 2).
* 1 Rol. Abr., Accompt ( F ), pi. 2, 3; Bro. Abr., Accompt, pi. 53.
8 And this popular meaning seems to have once been the legal meaning. See 1 Vin.
Abr., Account ( X ) , p l . 1; A non., Keilw. 114, pi. 51.
t See Godfrey v. Saunders, 3 Wilson, 73, where a factor was sued and declared
against as a bailiff.
743 su its for an a c c o u n tin g . §952
CHAPTER XLIX.
SUITS FOR AN ACCOUNTING.
§ 952. A ccounts Generally Considered. § 956. Form of Bill and Decree to Open a
§ 953. Suits for an A ccounting W here the Stated or Settled Account.
Account is Open.
§ 954. Form o f Bill and Decree for an A c § 957. Suits to Open Settlem ents Made by
Executors, Administrators, and
counting W here the Account is
Open. Guardians.
§ 955. Suits to Open, or Surcharge and Fal § 958. Proceedings in the M aster’s Office on
sify a Stated or Settled Account. an Accounting.
§ 952. Accounts Generally Considered.—An account is a detailed statem ent
of the m utual dem ands in the n atu re of debit and credit between parties arising
out of contracts or some fiduciary relation.1 Accounts are either: 1, Open; 2,
S ta te d ; or 3, Settled.
1. An Open Account is one of which the balance has not been struck, or which
is not accepted by both parties.
2. A stated Account is one, 1, th a t has been made out and agreed to, or 2, ren
dered and adm itted to be correct, or 3, rendered and acquiesced in, or 4, not
objected to in a reasonable time.
3. A Settled Account is one th a t has been stated and paid.2
Settlem ents of executors, adm inistrators and guardians, made in the County
Court, in pursuance of law, are to be taken as prima facie correct ;3 and if adult
parties in interest are present when such settlem ents are made, they have, as
to such parties, all the force and effect of stated accounts.4
The C hancery C ourt will, on a proper bill filed for th a t purpose and sus
tained, open either a stated or settled account, 1, where by reason of some
m istake, or omission, or accident, or fraud, or undue advantage, the account is
vitiated, and the balance incorrectly fixed;6 and 2, where by reason of some
relation of tru s t or confidence between the parties, the com plainant was at a
disadvantage, and as a consequence the account is inequitable.0
W hen, however, the bill is filed to open the settlem ent of an executor, adm in
istrato r or guardian, made in the County Court, no fraud, or undue advantage,
or other special E q u ity need be alleged,7 unless the com plainant was present
when the settlem ent was m a d e ; in which event, the settlem ent has all the force
and effect of a stated account, and m ust be impeached in the same way.8
W here the frau d , m istake, undue advantage or imposition is gross, the Court
will direct the whole account to be opened and taken dc novo-, but where the
m istake, omission, inaccuracy, fraud, or imposition is not shown to affect or
stain all the item s of the transaction, the Court will, ordinarily, allow the ac
count to stand, w ith lib erty to the complainant, to surcharge and falsify it.-9
The effect of such a course is to leave the account in full force except in so far
as the com plainant can prove errors and mistakes. Sometimes the Court con
fines the com plainant to the p articu lar items of error or m istake set forth in
1 Bouv. Law Die., “Account.” o 1 Sto. Eq. Jur., § 523; 1 Dan. Ch. Pr., 667-668.
2 Ibid “ Account Stated;” Smith’s Eq. Jur., 261. c 1 Sto. Eq. J u r , 527a. But in the absence of
Philips v. Belden, 2 Edw. Chy., (N. Y.) 1: Murray fraud, and after a long delay, it requires very clear
v. Toland, 3 Johns. Ch., ’ (N. Y.) 569; and Desty’s proof to surcharge and falsify settled accounts.
notes to both cases, Law. Ed.: 1 Sto. Eo. Jur., § 5?6; Patton v. Cone, 1 Lea, 14.
Sto. Eq. PI., § 798: 1 Dan. Ch. Pr., 665, note; Bus 7 Elrod v. Lancaster, 2 Head, 571; Milly V. H ar
sey v. Gaut, 10 Hum., 238; Craighead v. Bank, 7 rison. 7 Cold., 191.
Yerg., 409. 8 Turney v. Williams. 7 Yerg., 172.
3 Code, §§ 2305; 3786; see, ante, § 333. 0 1 Sto. Eq. Jur., § 523; 1 Dan. Ch. Pr., 667-668.
4 Turney v. Williams, 7 Yerg., 172; Matlock i.
Rice, 6 Heisk., 33.
C o p y C la im e d Fe b ru a ry 2020 -358-
[not to be relied upon, do not use, just for instructional purposes only]
Drafted at Maple County, union state of Minnesota, The United States of America proper.
Drawer: John Henry Doe Living Estate Trust

Indorser: Settlor/Drawer
Drawee: government of the United States, Managing Trustee, Steven Mnuchin.
Payee: John Henry Doe Living Estate Trust
Indorsee's Indorsement: trustee for John Henry Doe Living Estate Trust, w ithout recourse,
without warranty, for collection.
Fund/Account for Debit/drawee reimbursement: RR111222333US-29 (COLB/Numident)
Appointee Fiduciary Instructions: Deposit ninety per centum of proceeds to account Treasury
Direct routing number and account number. Ten Per centum granted to Drawee handling fee.
In Witness Whereof, the parties hereto have hereunto set their hands the day and year first
above w ritten"
Witness our hands and seals th is __________ day of August 2019.
John Doe (Seal)

Richard Roe, (Seal)
By John Smith, Agent.
Signed in the presence of:
Witness.
[MEDALLION STAMP]
[Drawer certifies he is the beneficiary to the fund titled RR662692550US-29.xxxx special deposit.
Drawer/maker grants a two percent assessment handling & collection fee to drawee.
Drawer capacity is drawer and trustee of living estate trust.
Private Bill of Exchange

Warrant to Pay
Payable on Demand at PAR
Collection Guaranteed.
"Pay to the order of John Henry Doe Living Estate Trust"
[back indorsement] Deposit for credit on account to Treasury Direct Accttt B-654-123-987 without recourse, without
warranty, for collection.]
ipy Claimed February 2020 -359-

Date^ Ju ly 8, 2018
To: FO IA /PA U n it D isclosure Officer I n te rn a l R evenue Service

A ddress:
A ttn:
C e r tif ie d M a il No:
cc: FO IA /PA U n it D e p a rtm e n t of T re a su ry

I n te rn a l R evenue Service, 111 C o n stitu tio n Ave., W ashington, DC 20224
C e r tif ie d M a il N o :
R eq u ester Jo h n H en ry D oe Id en tifyin g N u m ber 123-45-6789
FR EED O M O F IN FO RM A TIO N ACT a n d PRIVACY ACT R E Q U E ST N O TICE TO

D ISC LO SU R E O FFIC ER:
This request is m ade p u rsu a n t to both th e Freedom and Inform ation Act and the Privacy Act,
m ust be processed under both Acts, and does m eet all procedural requirem ents of 31 CFR
Subtitle A, P a rt I, Appendix B. S ubpart C. Appendix B: 26 CFR 601.702, and those listed on the
F ederal Register. I am requesting th a t you subm it all of the item s listed herein th a t are
m aintained under this R equester’s assigned nam e and Identifying num ber, as stated above,
pertaining to each of the years, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017
inclusive:
1. P lease see list of re q u e ste d records a fte r th e s ig n a tu re page of th is req u e st. If th e re are
any fees for se arc h in g for, or copying any of th e se item s, please inform me of th em before
you com plete th is req u e st. I am re q u e stin g th is in fo rm atio n so t h a t I m ay b e tte r
u n d e rs ta n d th e o p e ra tin g policies a n d procedures of your agency. As you know, th e
Freedom of In fo rm a tio n A ct p e rm its you to reduce or w aive lees w hen th e rele ase of th e
in fo rm a tio n is considered as p rim a rily ben efitin g th e public.
2. I believe t h a t th is re q u e s t sa tisfie s th a t c rite ria a n d a sk t h a t you w aive any fees. I
u n d e rs ta n d th e p e n a ltie s for re q u e stin g info rm atio n u n d e r false p rete n ses. I believe th a t
th e docum ents re q u e ste d h e re in a re publicly available, w ith in th e custody of your
C o m m issio n 's Office, a n d not exem pt or excluded u n d e r an y s ta tu te , e.g. "the docum ents
a re n o t e x em p t u n d e r exem ption (b)(5) as th ey re p re s e n t a p u rely fac tu al record of th e
agency's po st decisional file in th is m a tte r.
3. I also believe t h a t rea so n a b le grounds do n ot exist for w ithholding, in accordance w ith 7
(a)(4)(F) of th e A ct's p e n a ltie s section. If all or any p a r t of th is re q u e st is denied, please
provide m e w ith indexing, ite m iz a tio n an d r e tu r n to me a d e ta ile d s ta te m e n t citing th e
specific exem ption(s) w hich you h av e t h a t w ould ju stify your re fu sa l to rele ase the
in fo rm atio n a n d inform m e of th e a p p e al procedure available to m e as prescribed by law.
4. P le ase rem e m b e r t h a t it is th e policy of th e D e p a rtm e n t of J u s tic e (FOIA U pdate)
(sp rin g /su m m e r 1993) to refu se to re p re s e n t your agency w hen it h a s failed to comply w ith
re g u la tio n s p e rta in in g to th is req u e st, a n d because th e C ongress h a s not au th o rized th e
S e c re ta ry to a p p e a r on b e h a lf of your agency, I w ould be aw a rd ed m y claim plu s all costs if
th e n eed to file a civil co m p lain t in th e U.S. D istrict C ourt arose. However,I am very
optimistic th at I can obtain the information requested without such action. I would ap p reciate your
processing th is re q u e s t as quickly as possible, an d I look forw ard to your w ritte n
acknow ledgm ent w ith in tw e n ty (20) days, as provided by law.
P u r s u a n t to 28 U.S.C. 1746(l) I, J o h n H en ry Doe, hereb y certify u n d e r p e n a lty of perjury,
u n d e r th e law s of th e U n ite d S ta te s of A m erica, w ith o u t th e U n ited S ta te s, th a t I am th e
p erso n in th is re q u e s t an d th is re q u e s t is tru e , correct a n d com plete to th e b est of my c u rre n t
in fo rm atio n , know ledge a n d belief, so, help me God.
B est reg a rd s,
J o h n H en ry Doe
Copy ^ e ^ b ^ ^ 2 0 M a ^ e ’ Io w a t3 3 2 2 1 l
JUPITER ASCENDING
the journey easier, you let us know. Actually, you know what? I'm feeling a little overdressed, so if
you maybe have something that I could change into? By myself. While I'm awake.
What?
No, no! Lord Balem!
It was The Hunters! They betrayed you in the name of your sister! Please! Mercy, My Lord! Mercy!
Mr. Greeghan.
Bring her to me.
Yes, My Lord.
Come in! I don't really... Oh, I don't really know how to work this thing. Oh, hi. Come in. Your
Majesty might want to take a few of these. Portaling can be a little rough on the royal bowels. Oh.
Well, my bowels are anything but royal. Thank you.
You heard the lady down there.
You're an Abrasax now.
No, no, I am a Jones. Well, except when I'm mad,then I'm aBolotnikov. Ifthat's allyouwere, you
would not be on an Aegis cruiserheaded to thehallof titles. Yeah.Stinger said that youattacked an
entitled once. - Stinger talks too much.
Is it t r ue ? “Aegis: the protection, backing, or support of a particular person or
organization.”
Does it matter?
Sorry, I get it's none of my business.
I was just trying to understand.
Look, the truth is...
I don't know why I did it. I...
I don't even remember doing it.
It just happened.
We all do things we can't explain. They said it was... in my genes. A...
defect of my genom-gineering. Could explain a lot of things about me. Like the fact that I have an
uncanny ability to fall for men that don't fall for me. It's like my internal compass needle points
straight at Mr. Wrong. Maybe it's my genes.
Maybe I have defective engineering too. And if that's the case... is there any way to fix it? You are
royalty now. I'm a splice. You don't understand what that means, but... I have more in common witha
dog than I have with you. I love dogs, I've always loved dogs.
I should go, Your Majesty.
Right.
You need to strap in before we portal.
Right, okay.
"I love dogs?" Welcome, Your Majesty, to the overpopulated, oozing cesspool we humbly call "home." I
did three tours in Abukesh, a battle that cost the lives of two million soldiers, and I'd rather be
back there than have to deal with these bureaucrats.
Greetings, Your Majesty. I am intergalactic advocate Bob, here toassist you through the ascension
process.
Sheave.
This is the authentic recurrence of her ladyship the Abrasax sovereign, and we have come to claim her
title.
You need to file an inheritance petition, and if the title is held, you'll need a transfer of title.
Thank you.
File a quit claim through central services, section nine-eighteen.
Next. You need a title survey and gene print identification from wills and trusts.
Yeah, I can't touch this without a tax number from the revenue review.
This is revenue request, not revenue review. We can't get the title without the tax I.D. It goes
without saying that graft is incompatible with my programming. I think you dropped something.
Press your thumb in the depression. Seals and signets are on sub-thirty-three.
Your Majesty.
Well, well, well, well.
This is what I have to deal with.
Oh, yeah.
Yeah, very nice. Would Your Majesty kindly place your wrist here? Yes.
Palm up, please.
Sorry. C o m p la in a n t th e r e f o r e p r a y s :
Thank you. Thank you.
Very good. not on o a th ; and they may he reqn. red and c njoined to deliver to the
m inistrator, when appointed, all the money, cboses in action, and other personalty, not
Yes! xempt from execution, belonging to said William Kent at his death; and that a
Okay. (id dfr— ta fwn amA J l i a r l c s Kent, w l£ im ■ ■ H U
It's cool. T hat
counts b e t a l ;s o n a ° ' o n h e V,ayidUdece‘
( o n thereof be made among the creditors of his .t< m<) an
th e s ai d w id o w , a n d t h e r e m a i n d e r i n t e r e s t in s ai d tr a c t of la n d be
o f th e li abil ities of s ai d es ta te , if n e c e s s a r y ; th a t th e a d m i n i s t r a t i o n of s ai d e s ta te be con
s ta tu te f< r s u c h case mad*.
a n d t h a t g e n e r a l reli ef be g r a n t e d .
3.
Copy Claimed February 2020 T h a t p u b lic a tio n b e m a d e f o r all o th e r c r e d ito r s o f s a id e s ta te w h o m a y w is h , to co m e
fo r w a r d a n d h av e th e m s e lv e s m a d e p a r tie s , a n d file a n d p ro v e th e ir claim s.
Very nice. Very, very nice indeed. Now, here is your code and conduct guide and your royal ways and
means commission. And file this with a legion administrator for your royal guard appointment. - Yes?
Okay.
Well, congratulations, Your Majesty...
And my deepest condolences.
Thank you?
I will never complain about the DMV... ever again. Well, you did it. It's official.
You are now entitled.
Entitled to what?
Like, free parking? Key to the city?
I mean, what does it even really mean? Itmeans Your Majesty's life isgonna change... ifshe wants it
to. Can you say that again?
Just the "Your Majesty" part.
Your Majesty.
That's interesting. When other people say it, it makes me really uncomfortable. But when you say it...
I don't know. I will admit there are things about my life thatI wouldlike to change, but tha
make me a different person. It doesn't... it doesn't change the things that matter to me, or who I care
about. I'm still the same me.
If Your Majesty says so. Well, you're the one with the entitled instinct. Is there something happening
to you right now? Does any part of you wanna bite me?
No.
Well, maybe.
Go ahead. How can Your Majesty be so sure...
if, as you've said, your "compass is broken"? Tell me that I'm wrong. You used to work for Titus, but
that's not true anymore. So, why stick around?
Why help me?
Because of Stinger. He thinks if we help you, then you might help us get back in the legion.
I see.
Good to know we're both liars.
What is this?
Sorry.
Hello, Mr. Wise. Don't make this harder than it has to be. I'm sorry, man.
Welcome, Your Majesty. I am Titus Abrasax, third primary of the house of Abrasax, and it is my profound
honor... to meet you. You are aware that by detaining me without consent, you are in direct violation
of statute twenty-seven-b-stroke-six. Your Highness is a quick study of the entitled code, I see. I
also know that I can file a tax grievance against you unless you take me directly where I want to go.
I'd be delighted to take you wherever you'd like. I'd like to go home.
Very well.
Set a course for earth.
At once, My Lord. In the meantime, since you've invoked code and conduct, I trust you'll do me the
honor of dining with me this evening. Very well. The Aegis is involved now, more than likely tracking
you as we speak. - We've committed no crime.
How 'bout detaining a r — _
VIII.
Her Majesty is... hardl »*]le prem ises considered, complainant
where isshe? 1. T h a t all those nam ed as defend ants in th e caption be m a de such by service o f subpoena,
Dininci « m , i. ,,i i m„ ; , M th a t n o copy of the bill be issued unless expressly o rd ered by yo ur H o n o r. T h a t an
i»bstr;ic! of ihe bill In- :11;i■ . • «••.*,* by the C I n k ami M aster, and be made know n to such of the
d efe n d a n ts as your H o n o r m a y r e q u i r e ;18 but aosw er u nd er o ath is w aived as to each of the
Your Highness looks
jjfc J^hat the adm inistration of said estate be tr a n sfe r re d fro m the Countv Court of Davidson
county to this C o u r t * a nd to this end th a t all n e c e s s a r y ; '. r e f e r e n c e * * ordered, a n * a l l
proper accounts be taken, and proper distribution o f the estate be m ade am o ng those entitled.-''
"" " 'u r t h e r proceedings in reference to the adm inistration of said es
C ounty C ourt be e n jo i n e d ;21 tha t the comm encement o r prosecution of all suits a t law,
:md of all o the r suits in E q u ity against complainant be e n j o i n e d ; 2- that the defen d an t Robert
Moore be specially enjoined front fu rth e r p rosecuting his said suit at law against complainant ;
and that the d e fe n d a n t George B ro w n be enjoined fro m bring ing any suit against complainant
tat all persons, d efe n d an ts included, h avin g claims ag ainst said estate be required to
present and su b s tan tiate them in this cause by legal proof before the M a s te r 23 w ithin such
y o u r H o n o r may o rder, or be forever b arred .2-*
the proceeds thereof, as well as th e proceeds of the personal estate of the decedent, b^ applied
m d ue course of a dm inistration, and paid out to those th e re u n to legally en titled ; and that
proper allowance be made complainant for his services as a d m in is tr a t o r ; and th a t proper
allowance be m ade his Solicitors for their services in th is cause.
6. Arid th at complainant, and the w idow and heirs o f the d eced ent25 have such other and
f u r th e r and better relief as th e y or any of them may be entitled to. u nd er th e plcadir
Page 2 4 / 4 2
Principles of banks and banking of money, as coin and paper: w ith th e consequ en ces of any excessive issue on the national currency, course o f exchange, price of
provision, com m odities, and fixed incom es by
Steuart, Jam es, Sir, 1712-1780
CHAPTER IV.
OfBanks of Circulation upon M ortgage or private Credit.
{ BANKS of circulation upon m ortgage op^private c r id it , are^ hqse (2) which issue notes upon (1) private security, payable to b e a re r on dem and, In the curre nt coin
1 of the nation. They are constituted i / the fo llo w in g yn ann er: A nbsQber of men of property join tog ether in a contract of banking, eith e r ratified or not by public
I authority, according to circum stances.
For this purpose, they formye sto ck which m ay c o n sist in diffe ren tly o f any speciesôf property, (special d ep o sit o f Bond to Treasu ry) T his fund is engaged to all
the creditors o f the com pany, as a secu rity fo r th e notAs th ey propose to issue. So sodi^ as confidence is establish ed with th e public, th e y g ran t credits, or cash
accounts, upon good security; concerning which th ey rr)pke th e p roper regulations.
(bank d e p o s its are I re d its th ey u se to is s u e N ote s) (S u sa n B ^ q th o n y & S aca g a w ea ) (O ne D o lla r B ills )

In proportion to the notes issued in consequence o f th ese credits, th ey provide a sum o f coin, such as'fctjey ju d g e to be su fficien t to an sw e r such notes as shall
[gold d o lla rs s e iz e d in 1 ^ 3 ]
return upon them fo r paym ent.
(re de m ptio n o f a O n e D o lla r B ill N ote in te rm s o f P ro R a ta S h a re o f th e C re d it o f the N ation)
The profits of the bank proceed from the interest paid upon all the m oney advanced by the bank, in consequence of cred its given. (tra n sm u ta tio n o f b e p o s ito r ’s credit)
Out of these profits m u st be deducted, first, th e charge of m anagem ent.
Secondly, the loss of interest fo r all the coin th ey preserve in th e ir coffers, as well as th e expense they are put to in providing it.
Art) thirdly, the expense of transacting and paying all b alan ces due to o th er nations.
1Let it be observed, th a t I do not consid er the original bank stock, o r the interest arising from that, as any part o f th e profits o f the bank. So far as it regards
the bank, it is th eir original property; and so fa r as it reg ard s the public, it serves fo r a collateral secu rity to it, fo r th e notes issued. It becom es a pledge, as it
were, for the faithful discharge o f th e tru st reposed in th e bank: w ith o u t such a pledge, the public could have no secu rity to ind em nify it, in case th e bank should
issue notes for no p erm anent value received. This would be th e case, if th ey th o ught fit to issue th eir pap er eith e r in p ay m en t o f th e ir own private debts, or for
I articles of present consum ption, or in a p recariou s trade, r th e b u b b le , to o b ig to f a i l 7
When paper is issued by a bank fo r no value re ce iv e d , th e secu rity o f such pap er sta nd s upon th e original capital of th e b an k alone; w h ere as when it is issued for
value received, th at value is the security on w hich it im m ed iately stands, and the bank sto ck is, p roperly sp ea king , o n ly su bsid iary.
:i)s://archive.oro/d eta ils/ prin cinleso fb an k0 9steu/Daae/186?q = p rivate+ cred it
C o n te x t S h o w A ll ( 5 )
CopyClaimedFebruary 2020
MINNESOTA STATUTES 2017 501C. 1001
501C.1001 REMEDIES FOR BREACH OF TRUST.
(a) A violation by a trustee o f a duty the trustee owes to a beneficiary is a breach o f trust.
(b) To remedy a breach o f trust that has occurred or may occur, the court may:
(1) compel the trustee to perform the trustee's duties;
(2) enjoin the trustee from committing a breach o f trust;
(3) compel the trustee to redress a breach o f trust by paying money, restoring property, or other means;
(4) order a trustee to account;
(5) appoint a special fiduciary to take possession o f the trust property and administer the trust;
(6) suspend the trustee;
(7) remove the trustee as provided in section 501C.0706;
(8) reduce or deny compensation to the trustee;
(9) subject to section 501C. 1012, void an act o f the trustee, impose a lien or a constructive trust on trust
property, or trace trust property wrongfully disposed o f and recover the property or its proceeds; or
(10) order any other appropriate relief.
History: 2015 c 5 art 10 s 1
Copyright © 2017 by the Revisor o f Statutes, State o f Minnesota. All Rights Reserved.
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*Roquirod fields 0 Why did you add

JOHN HENRY DOE ESTATE
Name of Estate ESTATE "ESTATE1'
to my name?
County where Estate is probated * MAPLE
Stale/Territory where Estate is probated * MINNESOTA B
Date Estate created/funded/probated * mm B ■ PICK DATE OF EXEC UTION OF FUNDING
Closing month of accounting year * DECEMBER Q
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Copy Claim ed February 2020 ■3

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Organization Type: Estate
Estate Information
ESTATE
County:
Stale/Territory:
Date created/funded/probated:
Closing month of accounting y e a r DECEMBER
Addresses
Mailing Address:
Phone Number:
Deceased Person
Name:
SSN/ITIN
Responsible Party
Name: •v-v'.vjc
EIN:
.-14/-yWi
Additional Estate Information

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E IN A s s ig n e d : 83-6;
0 W h a t if I d o n o t h a v e a c c e s s
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Legal N am e: ESTATE
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The Last Will and Testament of Jesus Christ
THE LAST WILL AND TESTAMENT OF JESUS CHRIST
H eb. 9:11-18
By D avid J. R iggs
Intro.
A . T here co m es a tim e in everyon e's life w hen they should m ake a
w ill.
1. A w ill is a d ocu m en t in w h ich a person ow n in g property m akes a declaration o f his
intentions con cern in g the distribution o f h is property w hen he dies.
2. W e usually don't like to con sider the thought o f dying; thus, w e put o f f m aking w ills.
3. I f w e w ou ld seriou sly con tem p late death, it w ou ld do us m uch good . Eccl. 7:2; Ps. 90:12
B. In this lesso n w e w an t to con sider the last w ill and testam ent o f Jesus Christ.
1. W e are ca llin g it the "last" w ill b ecau se the N .T . annals and supersedes all other w ills.
2. H is w ill has been sealed and ratified by his blood.
C. There are several requirem ents for a legal w ill. T hese, o f course, w ou ld vary a little from state
to state, but m ost have th ese requirem ents:
1. T he testator m ust be o f proper age.
2. M ust be in one's right mind. (S ober, not m entally deranged, etc.)
3. M ust have so m eth in g to give.
4. T he w ill m ust be plain w ith reference to the con d itions. Ex. W ho are the b eneficiaries?
W hat is to be g iv en ? etc.
5. T he w ill m ust be w itn essed , sealed , and recorded.
6. An ex ecu tor or adm inistrator m ust be chosen to probate the w ill.
7. T he testator m ust die before it b eco m es effectiv e.
D. A ll o f the requirem ents o f a proper w ill w ere p o ssessed by Jesus.
I. He w as o f p rop er age. Luke 3:23.

II. H e w as o f sound m ind.
A. C ol. 2:3
B. H is w isd om far e x c elled that o f H is en em ies. Matt. 2 2 :1 5 -2 2
III. H e had som eth in g to give.
A. M anifold b lessin g s in this life - Mark 10:29-30; Eph. 1:3
B. In the w orld to co m e, eternal life - John 4:14
IV. T h e con d ition s or stip u lation s m ust be stated.
A. W ho are the b en eficiaries? (T he on es w h o b en efit from the w ill)
1. M ost w ills o f m en leave everyth ing to the fam ily, but som etim es to som e person w h o has
rendered so m e kind o f service.
2. 111. A man had a rich A unt w h o had died. O ne's nam e had to be on the w ill to receive
anything. H e said that he hardly knew her, but his nam e w as on the w ill sim p ly becau se he w as a
nep h ew .
3. R egarding the spiritual b en eficiaries o f Christ's w ill:
a. O ne m ust be a ch ild - R om . 8:17

b. B y a n ew birth - John 3:5
(1) A dopted - Gal. 4:4-7
c. M ust be a faithful child - Rev. 2:10; Matt. 10:22
(1) A testator has a right to disinherit a son or daughter, and this is often done.
(2) Christ has the right to disinherit unw orthy children. Matt. 7:21-27; 25:41-46.
(a) O ne can b ecom e an accursed child. 2 Pet. 2:14
B. W hat is b eing given aw ay in the w ill?
1. One's w ill usually says, "1, b eing o f sound m ind, do hereby bequeath all m y earthly goods..."
2. S om e receiv e a portion n ow and the rest later. Mr. Burgin ga v e h a lf to his children when he
died, and stated that they w ou ld receive the other h a lf w hen his w ile died.
a. S ee Prov. 19:14; 13:22; 2 Cor. 12:14.
3. W hat are the ben efits for the child o f G od?
a. There are b lessin g s obtainable n ow - Matt. 7:11; Luke
6:38; 1 John 3:22
b. There are b lessin gs that w ill co m e later.
(1 ) "Heirs" - Eph. 3:6; Titus 3:7; Jam es 2:5; 1 Pet. 3:7
(2 ) "Inherit" - H eb. 6:11-19; Matt. 25:34; R ev. 21:7
(3 ) "Inheritance" - 1 Pet. 1:4; C ol. 1:12; 3:24; A cts 20:32; 26:18
V. A w ill m ust be w itn essed , sealed, and recorded.
A . W itnessed.
1. John the baptist - John 5:32-35
2. H is w orks - John 5:36
3. T he Father - John 5:37
4. T he Scriptures - John 5:39-40; A cts 10:43
5. T he H oly Spirit - Heb. 10:15
6. T he ap ostles - John 15:26-27; A cts 10:39-42
B. Sealed. (Ex. properly notarized or written by a law yer).
1. The first w ill w as sealed with the blood o f anim als. Heb. 9:18-21
2. The second w as sealed with the blood o f Christ. Heb. 9 :1 1 -1 7
a. T he things in the N .T . are sacred b ecau se they are sealed w ith H is blood. Matt. 26:28
b. The priest o f the O .T. m ade no d istinction betw een the sacred and the com m on. Ezek.
2 2:26.
C. Recorded.
1. 2 Tim . 3 :16-17; 1 Cor. 14:37; see the b egin n in g page o f the N .T .; Mark 1:14-15.
VI. A w ill m ust be probated.
A. T he word "probate" m eans "to prove, o ffic ia l estab lish in g o f the g en u in en ess or validity o f
a w ill left by so m e person deceased." (W ebster)
1. T his w as con e on the day o f P en tecost w h en the H oly Spirit appeared as cloven tongues
and sat upon each o f the ap ostles, and, as Jesus had prom ised in John 14:26, brought to their
rem em brance all things he had said to them .
V II. T h e execu tors or ad m in istrators o f a w ill m ust be chosen.
A . T he word "executor" m eans "a person appointed to carry out the p rovision s o f another's
will." (W ebster).
B. T he ap ostles and prophets w ere his executors.
1. T hey w ere appointed. Matt. 18:18; 2 Cor. 5:20
2. Their w ork as execu tors w as begun on the day o f P en tecost w h en "they w ere filled with
the H oly Spirit and began to speak w ith other ton gu es, as the Spirit ga v e them utterance." Acts
2:4

3. T h ey w ere inspired so they could not m ake a m istake. John 16:13; 1 Cor. 2:12-13
4. T h ey w ou ld d eliver unto all the w orld H is last w ill and testam ent. Mark 16:15-16
5. T he con d ition s w ere exp ressly m entioned.
6. T he w h o le w ill w as carried out; e.g ., Paul said, "I have not shunned to declare unto you
all the co u n sel o f G od .” A cts 20:27
C. Christ's w ill could be altered by Christ H im se lf prior to H is death. Mark 2:5; Luke 23:43
1. A fter H is w ill w as ratified by H is death, it can never be changed,
a. 111. A fter the death o f H oward H ughes, som e tried to tam per with his w ill. That is forgery and
a various seriou s crim e.
V III. T h ere m ust be the death o f the testator.
A . Christ's w ill did not b ecom e e ffec tiv e until after H is death. Heb. 9:16-17
B. B efore one's death, a w ill can be changed i f desired.
1. W h ile liv in g , on e can g iv e any portion o f H is estate to w h om he m ay ch oose.
2. Christ cou ld forgive sins (he could save the th ie f on the cross), even though that one may
not h ave o b ey ed the b asic steps o f the gosp el.
3. O nce Christ's w ill w ent into effect, on e could obtain the b lessin g s through no other
m eans.
C on clusion.
A. It w ou ld be n ice to receiv e som e fabulous inheritance. 1 w ouldn't m ind inheriting a few
m illion m yself.
B. M any w ou ld try to m eet the con d ition s, i f there w ere any, to inherit som e vast fortune.
1. E veryon e w h o w ish es m ay b ecom e an heir o f eternal life.
2. T here are better and greater riches to be inherited by those w h o are faithful to God.
3. A ll earthly p o ssessio n s w ill m ean n othing in the great ju d gm en t day.
4. I f y o u are not a child o f G od, you are not an heir. Y ou can b ecom e an heir by being
baptized into Christ. G al. 3 :26-29
C. U nfortunately som e children have been disinherited by unfaithfulness.
1. Y ou can be recon ciled by repentance and prayer. A cts 8:22
One day Jesus invited a man to follow Him and become His disciple—but the man
refused. He said he would follow Jesus later, but first he wanted to go bury his father.
Jesus responded, “ Follow me, and let the dead bury their own dead” (Matthew 8:22).

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THE THEORY
OF CREDIT
BY
HENRY DUNNING MACLEOD, M.A.

O F T R IN IT Y C O L L E G E , C A M B R ID G E, AND T IIE IN N E R T E M P L E , B A K U ISTER-A T-LA W
SE L E C T E D BY T H E ROYAL C O M M ISSIO N ER S F O R T H E D IG E S T O F T H E LAW TO PR E P A R E

T H E D IG E S T O F T H E LAW O F B IL L S OF E X C H A N G E . N O T E S , E T C .
HONORARY M E M B E R OF T H E JU R ID IC A L SO C IE TY OF PA L ER M O , AND O F T H E S IC IL IA N
SO C IETY OF PO L IT IC A L ECONOMY
C O R R ESPO N D IN G M EM B E R O F T H E S O C IE T E D ’EC O N O M IE P O L IT IQ U E OF PA R IS, AND OF

T H E ROYAL ACADEMY OF JU R IS P R U D E N C E AND L E G IS L A T IO N O F MADRID
LONDON
LONGMANS. GREEN’ AND 00.

AND NEW YORK: 15, EAST Kim STREET
1893
A ll R ights Reserved
v iii PR EFA C E
and classes them as Wealth and Capital. But of the great

Juridical principles of Credit, and of the Organisation and
Mechanism of the great System of Credit— these writers have not
the faintest conception
I t is this department of Economics—the Commerce in Rights

and Rights of action—which I have made my own. This work
is the exposition of the principles and mechanism of the colossal
Commerce in Rights of action
There is nothing new or original in the Juridical principles of

Credit exhibited in this volume. The great Roman Jurists
elaborated the Juridical principles of C red it: and they were
incorporated in the Pandects of Justinian and in the Basilica :
and are set forth in every Continental treatise on Jurisprudence.
Moreover, hundreds of years ago Jurists warned their students
against a series of blunders into which numerous Scholastic
Economists, both literary and mathematical, have fallen in modern
times in treating a subject which they have never carefully
studied
Moreover, as my readers will see, in an open competition
among Members of the Bar in 1868, I was selected by the Law
Digest Commissioners to prepare the National Digest of the Law
of Bills of Exchange, Bank Notes, & c.: and I satisfied the
Commissioners, who included Lord Cranworth, Lord Hatherley,
Lord Westbury, Lord Cairns, Lord Selbourne and Lord Penzauce,
that several important doctrines then held by all the Judges were
erroneous: and my doctrines were subsequently affirmed to be
correct by a unanimous judgment of the Court of Exchequer
Chamber ; and recommended for popular circulation: and they
are now enacted by Statute as Law
My readers may, therefore, have implicit confidence in the

juridical principles of Credit set forth in these pages: they
§ 1 9 , 2 0 ] A L G E BR A IC A L SIG NS A P P L IE D TO PROPERTY 39
p a s t: and we may also buy and sell a Right to a thing which is

only to be acquired in time future
Now it is one of the innumerable applications of the Alge

braical Signs -f and that if any point in time be taken as 0,
then Time before this epoch, and time after this epoch are denoted
by the opposite signs + and — : which sign is used to denote
either Time being a m atter of pure convention
Let us denote Time present by 0 : Time past as + ; and Time
future by —
I t will then be represented thus—
-t- 5, -f- 4, -j- 3, + 2, + 1, 0, — 1, — 2, — 3, — 4, — 5. &c., <fcc.
and it is evident that the Totality of Time from any year preceding
the given era 0, to any year subsequent to the given era, will be
the sum of the Positive and Negative years
Thus, if we take the Christian era as 0 : years before it as
Positive : and years after it as Negative : then the total period
from the foundation of Rome to the present time will be + 753
years, together with — 1893 years, or 2G4G years altogether
Hence the products which have already been acquired in the

Past, or Positive years, may be termed Positive Products: and
the products which are to be acquired in the Future, or Negative
years, may be termed Negative Products
Now in all mathematical and physical sciences it is invariably
the custom to denote similar Quantities, but of opposite Qualities,
by the opposite signs + and —
Hence, as a matter of simple convenience, and following the
invariable custom in mathematical and physical science, if we
denote Property in a product which has been already acquired in
time past as P ositive: we may, as a mark of distinction, denote
Property in a product which is only to be acquired in time future,
as Negative
Now Property in a thing which has already come into pos
session in time past is Corporeal Property : and as we have
assumed above time past as positive, Corporeal Property may be
termed a Positive Economic Q uantity: and as Property in a
thing to be acquired at some future time is Incorporeal Property,
40 THEORY OF CRED IT [c iIA P . I
and as we have above denoted time future as negative : Incorporeal

Property may be aptly designated as a Negative Economic
Quantity
And as in all mathematical and physical sciences, the whole
Science comprehends both Positive Quantities and Negative
Quantities : so the whole Science of Economics comprehends both
Positive Economic Quantities and Negative Economic Quantities :
both Corporeal Property and Incorporeal Property
By this means we double the field of Economics as usually
treated : and we do in Economics what those have done in the
various mathematical and physical sciences who introduced
Negative Quantities into them
By this means we are enabled to obtain the solution of pro
blems which have hitherto baffled all Econom ists: and it is by
this means only, that the Theory of Credit can be explained
On the Theory of the Value o/Land
21. We shall now show the great practical importance of

applying the Positive and Negative signs to P roperty: and of
denoting the Eight to a Property in things which have already
come into possession as Positive : and the Right or Property to
things which will only come into possession at some future time
as Negative. Because many species of Property are of a mixed
nature : that is, the entire Property in them consists partly of
Corporeal Property and partly of Incorporeal Property
Property in Land is the highest Property of a l l : and to
understand the nature of Property in Land is the grammar of
Property in general
Suppose that we saw a piece of Land on Avhich there were
actually existing products of the Value of £3,000. Suppose that
we wished to purchase that piece of Land. Would the owner of
the Land be content to sell it to us for £3,000 ? Most assuredly
not. He would say that though there were only products of the
value of £3,000 on the land in actual existence at the present time,
yet that the Land would produce a similar amount of products to
the end of time. He would say that we must purchase not only
the right to the existing products of the land, but also the Right
§ 2 0 , 2 1 ] V A L U E OF LAND 41
to the annual products of the land to the end of time—that is

an infinite series of future products which will only come into
existence year by year
Thus Property in Land consists of two perfectly distinct
parts : the Right to the products which have already come into
existence : and the Right to the products which ivill only come
into existence in future
Thus Property in Land may be conveniently denoted thus—
Existing products of the laud ( + £3,000): together with
(— £3,000, — £3,000, — £3,000 . . . . for ever)
Where the Positive Sign denotes the products which have
already come into existence : and the Negative Sign denotes
the products which will only come into existence year by year
for ever
But though the yearly products of the land will only come into
existence at future intervals of time, the Right, or Property, to
them when they do come into existence is P resent: and it may
be bought and sold like any material chattel, like a watch, or a
horse. That is to say, each of these annual products for ever has
a Present Value : and the purchase money of the land is simply
the Sum of the Present Values of this infinite series of future
products
Again, although this series of future products is infinite, a
simple Algebraical formula shows that it has a finite lim it: and
that finite limit depends chiefly on the usual average Rate of
Interest. When the usual average Rate of Interest is 3 per cent.,
the theoretical value of the land would be about 33 times its
annual value. Consequently, of the total value of land, one part
only is Corporeal: the remaining 32 parts are Incorporeal
Now when a purchaser has bought an estate in land, it may
be said without any great metaphor, that it owes him a series of
annual payments for ever. Because he only bought it on the
belief or expectation, that it would yield these profits. Hence, we
may call the Right to receive the future profits of the laud the
Credit of the land. And by the notation we have adopted, it is a
Negative Economic Quantity
Thus the purchase of an estate in land is simply the purchase
of a perpetual Annuity
42 THEORY OF CRED IT [C H A P . I
Every Sum of Money is Equivalent to the Sum of the Present

Values of an Infinite Series of Future Payments
22. The investigation of the Theoiy of the Value of Land

demonstrates a proposition of great importance in Economics
It is seen that the £100,000 given to purchase the estate in
land expected to produce £3,000 a year, is in reality the Sum of
the Rights to its future products for ever. Each annual product
has a Present V alue: and the Value of the land is simply the
Sum of this infinite series of Present Values
But the same is evidently true of every sum of money. Hence
every sum of money is not only equal in value to a certain quantity
of material goods: or to a certain quantity of services : but also
to a Perpetual Annuity
An Annuity is the Right to receive a series of future payments.
The lowest form of an Annuity is the Right to receive a single
future paym ent: such as a Bank Note, a Cheque, or a Bill of
Exchange. The highest form is the Right to receive an infinite
series of future payments : such as the Land or the Funds. And
there may be also the Right to receive a limited number of future
payments intermediate between the other two : which is called a
Terminable Annuity
Hence an Annuity, or the Right to receive a series of future
payments, is an Economic Quantity, which maybe bought or sold,
or exchanged : or whose Value may be measured in m oney: like
any material chattel
As when a sum of Money is given to purchase Land : or the
Funds : or Municipal or other Obligations, such as Railway
Debentures
So an Annuity may be paid to secure a certain sum of money
at a given time : or on a given contingency : such as a life or
fire insurance
I t is thus seen that Economics comprehends Three great
departments : (1) Material th in g s: (2) Personal Qualities : (3)
Annuities
The first school of Economists restricted their attention to
the first of these departments : and refused to take any notice of
the other two : Adam Smith, J. B. Say, and J. S. Mill have given
§ 22-24] A N N U IT IE S 43
much attention to the second : and treated Labor as a marketable

commodity : they have also noticed the existence of the third
department, but they never made any attem pt to exhibit the
commerce in Rights. And yet at the present day it is the most
extensive of any : because it comprehends the whole Theory of the
Value of Laud : the Funds : Mercantile C re d it: Banking : the
Foreign Exchanges : Shares in Commercial Companies : and all
other Incorporeal 'Wealth
Personal Credit— A successful Trader is an Economic

Quantity Analogous to the Land
2 3 . Now a person exercising any profitable business or pro
fession is an Economic Quantity exactly analogous to Land
The Land has produced profits in the past, but it has equal
capacity to produce profits in future
So a merchant or a professional man may have accumulated a
quantity of Money as the fruits of his skill, industry, and ability
in the past. B ut over and above his accumulated Money, he has
the same skill, industry, and ability to earn profits in the future.
His capacity to earn profits in the future is exactly the same as
his capacity to have earned profits in the past. And of course he
has the Right or Property in his expected profits of the future
And he may trade in two ways : he may trade with the Money
he. has already acquired, the profits of the p a s t: or he may trade
by purchasing goods by giving in exchange for them the Right,
or Property, to demand payment at a future time out of the
profits he expects to earn in the future
Personal Character used to trade in this way as Purchasing
Power is termed Credit. And as we have seen that Anything
which lias Purchasing Power is Wealth : it follows that Money
and Credit are equally Wealth
But it is evident that Money and Credit are Inverse and
Opposite to each other. Hence if Money is a Positive Economic
Quantity, Credit is a Negative Economic Quantity
A ll Annuities are Negative Economic Quantities

2 4 . Hence it is seen that all Annuities or Rights to receive
a series of future payments : whether the Right be to receive a
44 THEORY OF CREDIT [C IIA P . 1
single future paym ent: or a limited or an infinite number of

them , are Negative Economic Quantities
These Negative Economic Quantities comprehend all Mercan
tile and Banking C redit: such as Bank Notes, Cheques, Bills of
Exchange, and all Instruments of C redit: Exchequer Bills : Navy
Bills : Dividend Warrants, & c.: the Land : the Funds : term in
able Annuities : Shares in Commercial Companies : the Goodwill
of a business : a professional Practice : Copyrights: Patents :
Tolls : Ferries : Market Rights : Advowsons : Benefices : Shoot
ings : Fisheries : Leaseholds : Policies of Insurance of different
kinds : and many other valuable Rights : amounting in value to
scores of thousands of Millions in this country : of which there
is scarcely a notice in the usual text-books on Economics
Conspectus of the Totality of Property

25. As Labor and Services perish in the very act of being
performed, we may denote Property in them as Property in the
present
The other two kinds of Property are of continuous endurance,
and may be transferred any number of times ; and we may denote
them thus—
Property consists of
Property in the Produce:e Present Property in the Produce
-c Past Time of the Future
o
Lands, Houses, &c. Annual Income for ever
Merchant His Credit
Premises, Stock of goods in a
shop The Goodwill
Professional man The Practice
The printed copies of a Book,
&c.
Machines already made
The Capital of a Commercial
Company The Shares
Annuities of all sorts : The
Funds : Tolls : Ferries :
Ground Rents, &c.
§ 2 4 - 2 6 ] W E A L T H IS A N EX C H A N G E A BL E RIGHT 45
Now each kiud of Property may be bought and sold : and is

therefore Wealth : as declared 1,300 years ago in Roman Law.
By including both Species of Property under the term Wealth
we double the field of Economics, as usually treated : and give
it the same extension that introducing Negative Quantities does
in Mathematics and Natural Philosophy
Wealth in Economics is an Exchangeable Right
26. I t follows from the preceding considerations, that the

true definition of Wealth in Economics is an Exchangeable
Right
Now there are Three kinds of Rights, or Property, which can
be bought and sold : or whose Value can be measured in Money
I. Corporeal or Material Property or Rights. There may
be the Right or Property in some specific material substance
which has already come into existence : and has come into the
actual possession of the owner. This Species of Property in
Roman and English Law is termed Corporeal Property : because
it is the Right to certain specific corpus. I t is also called
Material P roperty: because it is the right to certain specific Matter.
Hence we term this Species of Property Corporeal or Material
Wealth
II. Immaterial Property. The Property which a man has
in his own mental and intellectual Qualities : in his own Labor :
or in his capacity to render any sort of service. As Smith says—
“ The Property which every man has in his own Labor, as it is
the original foundation of all other property, so it is the most
sacred and inviolable ”
Now a person may sell the Right to demand some Labor or
Service from him. As all these services, though they require
some bodily instrument to give effect to them, arc in reality,
operations of the mind, we may call them Immaterial Property :
or Immaterial Wealth as J . B. Say, the French Economist
does
I I I . Incorporeal Property. There is lastly a third kind of
Property, or Right, wholly separated and severed from any specific
corpus, or m atter in possession. I t may either be in the possession
46 THEORY OE C RED IT [C H A P . I
of some one else at the present time : and may only come into
our possession at some future time : or it may be even not in
existence at the present time
Thus we may have the Eight, or Property, to demand a sum
of money from some person at some future time. That sum of
money may no doubt be in existence at the present time : but it
is not in our possession : it may not even be in the present
possession of the person bound to pay it. It may pass through
any number of hands before it is paid to us. But yet our E ight
to demand it at the proper time is present and existing, and we
may sell or transfer that E ight to any one else for Money
We may also have the E ight to something which is not yet
even in existence ; but will only come into existence at a future
time
Thus those who possess lands, cattle, fruit trees, &c., have
the Eight, or Property, in their future produce. This produce is
not in existence at the present time : it will only come into
existence at a future time : but the Eight, or Property, to it when
it does come into existence is present and existing : and may be
bought and sold like the E ight to any material product. This
species of property is called in Eoman Law and English Law,
Incorporeal Property : because it is a Eight, but separated from
any specific corpus. Hence it is called Incorporeal Wealth
But all these three different kinds of Eights possess the
Quality of Exchangeability ; they can all be equally bought and
sold, or exchanged : the value of each of them can be measured
in m oney: they are all equally merchandise, or articles of
commerce. They are each therefore, Pccunia, Res, Bona, M erx;
XprffACiTa, Trpay/xara, ot/cos, ovai'a ayaO a, &C. : goods, chattels,
merchandise, vendible commodities, wealth : in the jurisprudence of
all nations
And as it is the Quality of Exchangeability which alone
constitutes anything Wealth : and is the sole Quality which
Economics regards
o : it follows that all these Three kinds of Eights
o
are equally Wealth in Economics. And all the fundamental
Concepts and Definitions, and all the Laws of Economics must be
enlarged and generalised, so as to comprehend indifferently the
Exchanges of these three orders of Eights
§ 26, 27] MEANING OF PERSONA 47
On the Meaning of Persona in Roman Law
27. I t will be very useful to understand the meaning of

Persona in Roman Law
The word Persona means any single person, or any society of
persons, who can enjoy and exercise Rights : and who are subject
to perform Duties
Thus in a Partnership each individual member is a Persona :
but also the Partnership is a Persona: quite separate and distinct
from its individual members
Hence each member of the Partnership can buy and sell with
the Partnership as a separate individual
So a Jo int Stock Company is a Persona, and when the
individual members pay their money to it, the property in the
money is gone from them individually, and vests in the Company
as a Persona
The separate members can buy and sell with the Company as
with a separate individual
And the Company has Rights and Duties quite separate from
its separate members
So the State is a Persona quite separate from its individual
citizens: and they can lend money to the State as a separate
person
So every Municipal or Incorporated body is a Persona, quite
separate from the individual citizens
The Parson of the parish is the Persona who has the Right to
receive certain dues for performing religious duties: and this
Right is termed a Benefice
Thus a Persona may be defined as a centre of Rights and
Duties
Many separate individuals may make up one juridical Persona;
and one individual may combine several Persona; or legal
characters
Thus Cicero says1—“ Itaque . . . . tres personas sustineo
summa aequanimitate, meam, adversarii, judicis”
“ Thus I sustain three characters with the greatest equanimity,
mg oicn, m y opponent's, and the judge's ”
]De Oratore, II. 21. See also J laynz, I. 201, on Persons
48 THEORY OF C RED IT [C H A P . I
Thus one individual may be the executor of one person : the

trustee of another: the guardian of another. In each of these
characters lie is a separate Persona, with a distinct set of Eights
and Duties. And he may buy and sell, or exchange with himself,
in these separate Persona,, or characters. Hence all exchanges
take place between separate persona
When an individual combines several Persona it is a funda
mental principle that he may act in each Persona, as a separate
individual; which leads sometimes to somewhat curious con
sequences
He may not only buy and sell with him self: but he may
come into legal collision with himself in consequence of fulfilling
these several characters, of which we may give an amusing
instance—
The right of salmon fishing is a sore subject with Scotch
littoral proprietors. Salmon is claimed as a royal fish in Scotland.
On one occasion a great Scottish proprietor found himself in
collision with the Crown on the subject of salmon rights. The
action was against the President of the Board of Trade. But in
the whirligig of politics, the noble Duke found himself President
of the Board of Trade : so that the Duke as a great salmon pro
prietor, found himself suing himself as President of the Board of
Trade, and guardian of the interests of the Crown
It is not unusual for Indian Officials to be the heads of
different offices, and many amusing stories are told of them finding
themselves in collision with themselves as to the Eights and
Duties of their several Offices : andof hostile correspondence they
carry on with themselves in their separate Persona
Sir Thomas Farrer has supplied me with a tragi-comic
example of this principle.— “ There was a Treasurer in one of the
West Indian Islands who was also Attorney General. As Treasurer
he committed peculation, and was prosecuted by the Governor.
The lawyers being scarce he applied for leave to draw his own
indictm ent: obtained leave : drew the indictm ent: received a fee
for i t : and was convicted on it ”
So a clergyman may read the marriage service at his own
marriage in the 'persona, of clergyman and bridegroom
So when a Eailway company carries materials for its own use,
§ 27, 28] MEANING OF RES 49
it is both its own carrier and its own customer. I t takes the
money out of one drawer as expenditure, and puts it into another
drawer as profits
I t has sometimes happened that a magistrate has unwittingly
committed a breach of the law, and in his Persona of magistrate
he has publicly fined himself in his Persona of culprit
On one occasion a young friend of mine was a candidate for
the Civil Service. He required to produce a testimonial from a
householder that he was of good character, and the householder
required to produce a testimonial from a J.P . that he was of good
character. In my persona of householder I gave a testimonial to
the candidate : and in my persona of J.P . I gave a testimonial
to myself in my persona of householder
So one individual may be both a Creditor and a Debtor. He
is an active agent as regards his Debtor : and a passive agent as
regards his Creditor
B ut his Creditor may put his Debt against him into circula
tion. When it is presented to him for payment he buys up the
B ight of action against himself. He thus becomes both Creditor
to himself and Debtor to himself
This is called Confusio in Koman Law, and will be considered
more at length hereafter
On the meaning of Res in Roman Law
28. As Persona means any person, single or corporate, which

can enjoy and exercise R ig h ts: and is subject to perform Duties :
so Res in Roman Law came to mean anything whatever which
can be the subject of a Right
Thus Material Things are the subjects of Rights, or Property ;
and they are termed Res Corporales: because they are Rights
clothed with a corpus
The word Res in L atin is one of a class which in archaic
Roman jurisprudence meant exclusively material things
Thus Cicero says1—“ Erat Res in pecore et locorum posses-
sionibus, ex quo pecuniosi et locupletes vocabautur ”—in the time
of Romulus
1 jDe Jiepublica, II., 9-14 : (compare Plutarch, Q. Roman, xv.)
E
50 THEORY OF CRED IT [C H A P . I
“ Wealth then consisted in cattle and land, ivhence they were

tolled cattled men and landed men ”
But also a person may have the Right to receive some pay
ment or profit at a future time
The future payment or profit may not have come into
possession : or it may not yet even have come into existence : but
yet the Right to it has a present existence
These Abstract Rights to receive future payments, or profits,
are termed Res Incorporates in Roman L a w : because they are
Rights : but not clothed Avith any corpus .
In recent times these Incorporeal Rights have increased in
magnitude and multiplied in kind to an enormous extent in our
present state of civilisation : and increased at a much greater
ratio than Corporeal Property
Res in later Roman jurisprudence was enlarged to mean any

thing whatever to which a person has a right. Now a man has a
Right or Property in his own Labor : and he can sell the Right
to demand some Labor or Service from him to some one else : and
so that other person acquires the Right to demand so much Labor
or Service from him : hence Labor and Services are the subjects
of Rights : and therefore they are expressly included under Res
in Roman Law
Moreover, a person has the Right to enjoy his character

uninjured : hence Personal Character is a ju s in re m : and a
person whose character was attacked had an Actio in rem
A banker’s or a merchant’s Personal Credit is a part of his
Purchasing Power, or Wealth : just as the Labor of the working
man is part of his Purchasing Power, or Wealth : and it is just as
great a crime to rob a banker or a merchant of his Personal Credit
as to rob him of his money. Hence Personal Credit is Res.
And a banker or a merchant whose Credit is wrongfully attacked
has an Actio in rem
Jurisprudence is the Science of Rights
29. Several eminent Jurists have observed that Jurisprudence
is the Science which treats exclusively about Rights. When a
<§ 2 8 , 2 9 ] SCIENCE OF JU R ISPR U D E N C E 51
person has the Property in anything, it is necessarily implied

th at every one else is prohibited from infringing his Right of
enjoying his Property uninjured. And if any one infringes this
legal Right, the Proprietor has an action against the wrongdoer
Jurisprudence consists in ascertaining, defining, protecting
and transferring Rights. Ortolan observes that Jurisprudence
has nothing to do Avith the things themselves, but only with the
Rights to them. And Lord Mackenzie says1—“ Natural Philosophy
considers things according to their physical properties : Law
regards them as the objects of Rights ”
On Injury (Injuria) is the infringement of a Legal Right.
In all actions for damages the action is not for the damage done
to the thing itself : but for the infringement of the owner’s
R ight to enjoy the thing itself in a perfect state
If I drive my carriage against the carriage of another person
and damage i t : the action does not lie for the damage done to
the carriage itself : but for the infringement of the owner’s legal
Right to enjoy the carriage in a perfect state
If there is no legal Right in the object there can be no Injury,
or Infringement of a Legal R ig h t: and therefore no Right of
action
In many cases one person may damage another person’s Pro
perty without any Injury, or Infringem ent of a Legal Right. If
one person keeps an hotel or a shop, another person may set up a
rival hotel or shop : and draw away custom from his rival. This
may be a damage done to the Property of the first person : but it
is not an Injury, or the Infringement of a legal Right. Because
one person has as much R ight to set up an hotel or a shop as
another : and the public has the Right to go to which hotel or
shop they please
So if one person writes a book on any subject, any other
person has an equal Right to write a better book on the same
subject if he can : and so he may damage the sale of the firs t:
but it is no Injury, or Infringement of a legal Right. The public
has the right of choice between the rival books, and if it chooses
to prefer one to the other it is no injury
In these and innumerable other cases of a similar nature, the
1 Homan Laic, p. 51
E 2
52 THEORY OF CREDIT [chap. I
damage done is termed damnum absque injuria: because it is a

damage done, bat it is not the infringement of a legal Right,
and it is not a ground of a Right of action
So a banker’s, a merchant’s, or a trader’s mercantile character,
or Credit as it is termed, is his P roperty: which he has the Right
to enjoy uninjured : it is a Jus in rem : and if any one spreads
slanderous reports about it, which damages his Purchasing Power,
or Wealth, it is a serious Injury, or Infringement of a legal
R ig h t: and is the ground for an action
Economics, or Commerce, is the Science o f the Exchanges o f

Rights
30. We have found that the true meaning of Wealth in
Economics is an Exchangeable R ig h t: and th at there are three
orders of these Exchangeable Rights : hence these three orders of
Rights may be exchanged in Six different ways
1. The Right, or Property, in a material thing may be
exchanged for the Right, or Property, in another material thing
As when the Property in so much gold is exchanged for the
Property in so much corn, or cattle, timber, jewelry, &c.
2. The Right, or Property, in a material thing may be
exchanged for the Right to demand so much Labor or Service
As when the Property in so much gold is exchangedforthe
Right to demand so much Labor in any form
3. The Right, or Property, in a material thing may be-
exchanged for the Right to an Abstract Right
As when the Property in so much gold isexchanged for the
Right to a Bank Note, Cheque, Bill of Exchange : the Funds, or
any other Incorporeal Property
4. The Right, or Property, in so much Labor, or Service,
may be exchanged forthe Right to demand so much Labor or
Service from some one else
As when persons agree to perform reciprocal services foreach
other, which are estimated as equivalent
5. The Right, or Property, to demand so much Labor, or
Service, may be exchanged for an abstract Right
As when Labor or Service of any kind is paid for in Bank
Notes, Cheques, or Bills
§ 29-31] DOGMA OF TH E ECONOMISTS 53
0. The R ight or Property, in one abstract R ight may be

exchanged for the R ight or Property in another abstract Right
As when a banker buj’s, or discounts, a Bill of Exchange,
which is au abstract R ig h t, by giving in exchange for it a Credit
in his books, term ed in banking language a Deposit, which is
another abstract R ight
Or a publisher buys the Copyright of a work by giving Bills
of Exchange for it
Thus it is seen th a t all Exchanges are of Rights against
Rights : and these Six kinds of Exchange constitute Commerce
in all its forms and v arieties: or the Science of Pure Economics
Reply to the Dogma of the Economists that Immaterial and

Incorporeal Quantities are not to be admitted to be Wealth
31 . We have shown th at the Economists steadfastly refused

to adm it th a t Labor and Credit are W ealth : because they alleged
th a t to term them W ealth, would be to m aintain th at W ealth can
be created out of N othing
B u t we have also shown th a t ancient writers unanimously
held th a t Labor and Credit are W ealth— and th at modern writers
now also unanimously hold that Labor and Credit are W ealth—
in total defiance of the dogm a that N othing can come out of
N othing
Of course the whole discussion turns on the meaning of
W ealth. The Economists persisted in restricting the term to
m aterial things only, and certainly no one thinks of m aintaining
th a t m aterial things
o can be created of nothing o
B ut we have shown th a t it is contrary to the recognised laws
o f N atural Philosophy to adm it th at the essence of Wealth con
sists in Exchangeability, and then to restrict it to material
Exchangeable Quantities only. The ancients were infinitely more
scientific. As soon as they recognised that Exchangeability is
the essence of W ealth, with true Philosophy, they included every
th in g whatever which is Exchangeable under the term W ealth
Adam Sm ith burst the bonds of the narrow and unscientific
dogm a of the Economists, and recognised three orders of Ex
changeable Quantities as W ealth and C ap ital: in which he has

<y A
DICTIONARY r\» ,
OF ---------
POLITICAL ECONOMY:
SiajflppMipl, giilitrjgi[aplual, JiBtajupI, and tnlM. 4
BY
H EN R Y DUNNING .MACLEOD, E sq ., M.A., F.S.S.,

o r t r in it y college, C a m b rid g e : or the i n n e r t e m p l e j b a r r i s t e r -a t - l a w ; f e l l o w or the
CAMBRIDGE PHILOSOPHICAL BOOIETT.
AUTHOR O F “ T H E TH EO R Y AND PRACTICE OF BANKING,” AND “ THE ELEMENTS O F PO LITIC A L ECONOMY.”
VOLUME I.
^LONDON:
LONGMAN, GR E E N , L O N G M A N , ROBERTS, A N D GREEN.

»
MDCCCLXm.
/ * -
THE AUTHOR RESERVES THE RIG H T OP TRANSLATION.

266 B IL L OP E X C H A N G E . B IL L OF EXC H A N G E.
Hamburgh, and some other places, began to use be drawn in such a form, it would not be a Bill
instruments of credit among themselves, and as of Exchange. Thus, though a Bill is expressed
the parties came into personal contact, they na to be payable in money, it, as well as all other
turally assumed the form of an acknowledgment instruments of credit, is a b s o l u t e l y s e v e r e d
of the debt by the debtor, with a promise to pay from all connexion with any specific money, and
it to bearer on demand, at the time fixed. These it circulates on the mere belief, or credit, that the
were called bills obligatory, or of debt, or of person by whom it is to be paid, can do so at the
credit, and were transferable by indorsement in appointed time.
all respects like bills of exchange. Thus we see how it is essentially distinguished
Gerard Malynes, in his Consuetude, or, Lex from a Bill of Lading ( B i l l o r L a d ib g ) , which
Mercatoria, gives a very full account of theBe bills is always the representative of a particular quan
and strongly advocated their introduction into tity of goods. A Bill of Exchange always circu
England; but he saw that the Common Law of lates in commerce, severed from money. A Bill
England, which strictly forbids the transfer of of Lading iB always inseparable from goods.
debts, was a bar to it. The first promissory 4. Thus doctrine of the separate and inde
notes introduced were by the goldsmiths, or pendent existence of Bills of Exchange and other
bankers, but they were not recognized by the instruments of credit, and the non-independence
law. The first promissory notes recognized by of Bills of Lading, is, beyond all question, the
law were those of the Bank of England, which great master-subtlety of Political Economy. Its
were technically called bills obligatory, or of reason and meaning is fully explained in the
credit. This name was retained in the Bank of subsequent part of this article, as well as under
Ireland Act. But this name has now been en C re d it. It is the p o n s a s t n o r u m of Political
tirely superseded by that of P r o m is s o r y N o tb s , Economy. A confusion on this point has been
or B a n k N o tb s , which see. the cause of Borne of the most terrible calamities
the world ever saw, and is the root of those wild
BILL OF EXCHANGE. We have observed theories of currency of which John Law’s is the
(C re d it) that there are two great divisions of type. And there is the greater necessity that we
instruments of Credit, one in the form of Pao- Bhould explain and enforce it, as several very
MI8E8 to pay, which were formerly called Bills able Economists have been beguiled into error,
of Credit, or of Debt, or Bills Obligatory, but and have adopted the very one of Law.
which are now known by the generic name of 6. 2ndly. With respect to the person:—
P r o m is s o r y N o te s , and the other in the form of The drawer may make the bill payable either
O bd bbs to pay, which are chiefly known by the to a third person, or to his order, or to himself, or
name of Bills of Exchange, which include, also, to his own order.
Letters of Credit, Bankers’ Drafts, and Cheques. I f the drawer make it payable to himself only,
2. From the immense magnitude of the trans or to a third person only, without inserting the
actions carried on in modern times by means of words “ or order,” the bill can be paid only to
instruments of Credit, a very extensive and subtle the person named, and cannot be transferred to
branch of law has sprung up, which every Political any one else, or cannot be negotiated, as it is
Economist should master, as an essential portion of termed.
his science. In the following article we shall not I f the words “ or order” are inserted after tho
give any general view of the law of Bills of E x payee’s name, he can transfer it to any one else.
change, but refer our readers to the works men This is done by writing his name on the back o f
tioned at the end of it. But there are certain the bill, hence it is called an indorsement, the per
portions of the law which it is indispensably son who does it iB called the indorser, and the
necessary to know, in order to form a true com person to whom it is delivered, is called th o
prehension of their nature, and which involve indorsee.
some of the most subtle conceptions in Political The indorsement may be either Bpecial or ge
Economy, and these only we shall notice. neral. If the indorser inserts the indorsee’s name,
3. In its most general form a Bill of Exchange and makes it payable to the indorsee’s order only,
is a letter from one person to another, o r d e r i n g then it can only be transferred or paid by the in
him to pay—first, a certain sum of money; dorsee’s indorsement; and he may transfer it in
secondly, to a certain person; thirdly, at a cer a similar manner if he pleases, and so on through
tain event. any number of hands.
The person who addresses the letter is called But if the first indorsee to whose order it is
the drawer, the person to whom it is addressed is payable delivers it with his own name only,
called the drawee; and the person to whom it is written on the back, it is called an indorsement in
to be paid is called the payee. blank. Its effect is that it makes the bill trans
It is the payee’s business, on the first convenient ferable by mere delivery, without any farther
opportunity after he has received the letter, to indorsement, exactly like a bank note, or money;
resent it to the drawee, to know if he will pay i t ; and the bill is then payable to bearer, like a bank
8 ' he consents to do so, it is usual for him to write
his name across the face of the bill, and he is
then called the acceptor.
note.
Formerly, indorsement was in all cases neces
sary to transfer the property in a bill, or note.
Now, with respect to the three essentials of the But in English law this has ceased to be the case
Bill, we may remark:— though it is so still in the law of some foreign
1. That though the bill must be expressed to countries. It became the custom of merchants in
be payable in a fixed and certain sum of money, England, which has long acquired the force o f
it is yet forbidden to be the appropriation of any law, that any instrument of credit indorsed in
particular sum of money, or to be payable out of blank, may be transferred by Bimple delivery,
wereto without any further indorsement. _39
B IL L o r EXCH AN G E. B IL L OF EXC H A N G E. 267
The general role of English law is now, that if London, January 1,1860.
any instrument of credit whatever, whether it be £387 15 8.
& bank note, or a bill of exchange, be taken in Three month* after date,
or order, the turn of Two
exchange for goods, or money, in any transaction, pound*, fifteen shillings,
it is a final dosing of that transaction, and the ccived.
receiver has no remedy against the transferer, if W illiam S mith .
the instrument be not paid. The payment it infact To M e J o h n Cox,
in all respects as valid and final as i f it were Linendraper,
MOHBT. Strand,
Except only in the case of fraud, where the L ondon .
payer knew that the banker or person, whose note
or bill he tendered, was bankrupt or insolvent. It is nsoal in English bills to insert the words
In the case of bankers’ notes issued by persons “ value received," but it is not necessary. In
who were well known in the neighbourhood, the former times it was necessary to state what the
custom of indorsement very soon fell into disuse, debt arose from, whether money or goods. But
though not sanctioned by law, and they are com that has long fallen into disuse in this country.
monly taken without indorsement. But that does Such are the essential points of these instru
not affect the law of the case; it is done at the ments, which are the mighty moving power of
risk of the taker. modern commerce. Nothing appears more simple,
In the case of bills of exchange, it is still the but, like many other things of great apparent
custom to indorse them on a transfer,* at least simplicity, they required centuries to bring them
there are very few persons who would take them to their present state of perfection.
without indorsement. And the effect of the in 8. The history o f Bills o f Exchange. It is a
dorsement is this: that if the bill be not paid by question which has been much disputed, whether
the acceptor at maturity, and if the owner, or bills of exchange were known to the ancients.
holder, of it gives immediate notice to any, or all, Some writers, indeed, and particularly Dupont
of the preceding parties on it, he has a claim de Nemours, boldly affirm that they were well
against them for payment of it. known, and used in all the great commercial cities
Bat this demand for payment most be made of antiquity, Tyre, Carthage, Corinth, Athens,
without delay, in almost all cases within twenty- &c. But as he brings forward no authority for
four hoars after the fact of non-payment is known this assertion, we may well be excused from be
to the holder. If delay be made in notifying the lieving it on bis ipse dixit only. Other writers,
fact, and demanding payment from the parties however, think that a few passages in Isocrates
liable, they are absolved, and the holder’s remedy and in Cicero, are sufficient proof of the fact.
is gone. These we shall consider shortly.
Thus, in modern practice, the indorsement is Credit, indeed, in its simplest form of a direct
merely a limited warranty o f soundness. There loan from one person to another, with a promis
is no other difference whatever between Belling sory note as evidence and security for the debt,
goods or money for a bill with, or without, in was well known both to the Greeks and Romans.
dorsement, than between Belling any other article, We have the very word for a promissory note,
say a horse, a watch, or a carriage with, or with \cip6ypafor. which was adopted by the Romans
out, a limited warranty. It is in all cases a sale. as chirograpnum. We also know that the Roman
In the cases of a bill taken without indorsement, bankers invented the method of paying by
or a horse bonght without a warranty, the sale is cheques. Dealings on credit were also well
final and conclusive; in the case of a bill taken known at Some. And by that amusing comedy,
with an indorsement, or a horse bonght with a the Pseudolus of Plautus, we know that a trick,
warranty, the sale may be cancelled, -.if the de with which our bankruptcy courts are familiar,
mand be made within the time limited by the was known long ago. When Callidorns wants to
warranty, otherwise it is also final and conclusive. raise money in his amatory difficulty, Ballio says
6. 3rdly. With respect to the event:— to him, I. 3. 67.
It must be certain, and not contingent. Thus “ Erne die ooeoi, heroic, o liv o m ; id vendito ooulatA
the bill may be made payable at sight or on die.”
demand, or at a certain time after the date of the Which very dark sentence the learned interpret
bill. to mean, “ Bay oil on credit, and sell it for ready
Bills made payable on demand are actually money.” Thus, in its simplest and rudest form,
payable on demand. Bills made payable at a credit was certainly well known to the ancients.
certain time after date, were always payable on But that great invention, by which debts are
demand when that time arrived. But in almost made saleable, and credit is brought into com
every place, certain dayB were allowed before merce like merchandize, and made the gTeat pro
the holder could commence an action for non ductive power of modern times, was—as far, at
payment of the bilL These were termed days o f least, as we have been able to discover—wholly
grace, and, by mercantile usage, these dayB are now unknown to the ancients.
in fact incorporated with the bill, and the last day 9. The only evidence that we have, we believe,
of grace is now held to be the day on which the that Bills of Exchange were at all known to the
bill is to be presented and paid. The days of ancients, consists in a passage in Isocrates and a
grace vary in different places, but they are usu few in Cicero.
ally from three to ten. In the Trapeziticns of Isocrates, which is a
7. The osual form of a Bill of Exchange is speech in an action against the banker Pasion for
th u s:— having defrauded one of his customers, he says:
“ Moreover, Pasion has tried to persuade some
Copy Claimed February 2020 poople that I had no money at all here, and tha^g3
270 B IL L OF EXCH AN G E. B IL L OF E X C H A N G E .
And in this opinion M. Nonguier agrees. Bnt if It are to be classed together. They even give them
is meant to affirm by this that Richelieu first made the name of fictitious, or representative values, in
instruments of credit assignable, this is clearly opposition to money, as a real valne, and they
a mistake. For in a bill of exchange quoted by define credit to be the mobilisation of fixed pro
Lawson {History o f Banking, p. 38) of the date perty. The same writers, admitting that money
1589, the power of negotiability is inserted in it. is not a sign, or representative of value, bnt an
“ Witnesseth this present bill of exchange, that independent substantive article of valne.
I, Robert Anderson, merchant of the city of 22. Nevertheless, this is an error of the most
Bristowe, do owe unto Thomas Mnn, merchant fetal natnre. It is one of the most momentous
of the said city, the sum of 100 ducats; I say consequence in Political Economy. It is just one
100 ducats of. current money of Spain, account of those examples, which are to be met with in
ing after 11 rials of plate to the ducat, to be paid so many sciences, in which deceptive superficial
unto the said Thomas Mun, or his assigns, 10 days resemblances are to be carefully guarded against;
after, &c.” It is remarkable, however, that and for the true analogy we must penetrate deep
Malynes, in 1622, says (p . 270, Edit. 1686).— below the surface, ana we shall find it beneath a
11Neither can yon make a bill of exchange pay seeming opposition.
able to the bearer, or bringer thereof, (as you 28. Money and instruments of credit are
make your bills obligatory beyond the seas,) to homogeneous— thev are not signs or representa
avoid the inconvenience which might happen in tives of value, but independent substantive
derogation of the nobleness of the said bill of entities.
exchange, which every merchant is to maintain." Bills of Exchange and Bills of Lading are not
But in the forms of hills given by Marius, writing homogeneous. Bills of Exchange are independent
in 1654, the words “ or assigns," and “ or order,” entities; Bills of Lading are not independent
are introduced in the hill. Moreover, Malynes, entities, hut only signs or representatives of
in his Lex Mercatoria, (1622), gives a full account value. Bills of Exchange are h o t signs or re
of the'bills of credit, which had been long used presentatives of value.
in Holland which were payable to bearer. 24. In order to explain this clearly, we must
19. For a long time billB of exchange were shortly state the changes of opinion which have
confined to what their name indicated, namely— prevailed with respect to the nature of money.
bills drawn in one country to be paid in the When men began to speculate on the natnre of
money of another. The Common Law of Eng money in modern times, they adopted what is
land, which inflexibly forbade the assignment of called the Mercantile SyBtem. They thought that
a debt, was of course a bar to their introduction gold and silver were the only species of wealth,
into England. But the custom with respect to and that the only way to enrich a nation was to
foreign bills was adopted by it, to facilitate foreign heap up as much gcfld and silver as possible.
trade. It was long before the transfer of internal The fable of Midas is an exemplification of this
debts was adopted. At last it was adopted be craze.
tween London and York, and London and Bristol. No sooner were men convinced of the folly of
Thus the custom of inland bills of exchange this opinion than they rnshed into the opposite
began. Bnt it was still confined to different extreme. They then denied that money was
towns, and for a long time it was essential that wealth at ail. They considered wealth exclu
a bill should be drawn in one town npon another. sively to consist in commodities; and because
At last transferable bills were introduced be they were to be had in exchange for money, they
tween persons in the same town, or between considered money to be merely the sign or repre
wholesale dealers and retail dealers, and these sentative of wealth, or valne. They then said that
did not assume the form of bills of credit, as as money was merely the sign of wealth, that it
we should expect they naturally would have done, was of no consequence what material it was made
as in Holland; bnt they still retained the form of. They then considered that it might he made
of a bill of exchange, as that was already toler of any material of no valne, Buch as paper, and
ated by law. Thus by striking off one limitation that as much money might be created as would
after another, they have gradually become what represent all the wealth in the conntry. They
they are now, merely an order from one person maintained that so long as it represented some
to another to pay money, and they have thus lost article of value it could not be depreciated. This
all trace of their etymological origin. was the basis of Law’s theory of money, which
20. Having thus traced the origin and history proposed to create a paper currency to represent
of Bills of Exchange, and explained their legal all the land in the kingdom. The history of ex
essentials, we shall now proceed to investigate periments, founded on this doctrine, may be seen
their natnre, and the functions they perform in in the articles A s s i g n a t s , and B a n k i n g i n
Political Economy. We shall also shew in what F b a n c b , in this Dictionary. This idea is also at
they resemble, and in what they differ from, the root of those false theories of credit which are
Bills of Lading. so prevalent at the present day, of mobilising a l l ^ r
21. Several very able writers on Political the property of the country, and coining the
Economy, seeing that Bills of Exchange are ex public funds into paper currency.
pressed to be payable in money, and that they 25. Midas and John Law are, therefore, the
circulate by indorsement, which transfers the two poles of currency crazes. Torgot was the
right to demand the money they are said to re person who recalled the world to sober sense.
present ; and, also, seeing that Bills of Lading He shewed that money was neither exclusively
are given in reference to certain goods, and that wealth, nor was it nothing, or only a sign of wealth.
they circulate by indorsement, and transfer the He shewed that money was simply an article of
right to demand certain goods, have drawn the valne, like any other article, and that it was not
oonclnsion that they are of the same nature, and a sign of wealth, bat an independent valne, just as
C o p y C la im e d F e b r u a r y 2 0 2 0
BELL OF EXC H AN G E. B IL L OF L A D IN G . 273
found that they had constructed a machine much Justices in the Court of Common Fleas. London,
more powerful than they had thought of, and which, 1858.
in many cases, brought out resnlts which they A practical Treatise on bills o f exchange, checks
could not explain. These were negative quantities, On bankers, promissory notes, bankers’ cash notes,
which Cardan called res, or astirnationesficta, and bank notes. By Joseph Chitty. London, nume
they retained this name even so late as Descartes. rous editions.
The very same thing puzzled the Hindoos, among Summary o f the Law o f bills o f exchange, cash
whom Algebra was indigenous. They could not bills, and promissory notes. By Sir John Bailey,
understand the existence of absolute negative Bart., one of the Justices of the Court of King’s
quantities. It is now well agreed that they re Bench. Sixth edition, by G. M. Dowdeswell.
present merely opposite quantities to positive London, 1849.
ones. Thfc very same idea is familiar in book Des lettres de change et dee effets de commerce.
keeping, where the terms debtor and creditor By Louis Nouguier. Paris, 1851.
are used to signify die opposite operations of
money or goods received, and money or goods BILL OF LADING. When goods are ship
paid. ped on board a vessel, it is usual for the master
44. Hence we arrive at the great doctrine that to sign receipts for them in triplicate. These
bills of exchange have an independent real exist- may be sent on to the consignees, resembling, to
4 ence. and that they are analogous to negative a certain extent, Bills of Exchange. They may
quantities in Algebra. This doctrine—that bills be transferred by indorsement any number of
and notes are independent entities— is perfectly times, and the property of the goods passes with
well known to every lawyer. Thus Mr. Justice the Bill. From this apparent similarity many
Byles says, (Preface to Treatise on the Law o f writers have drawn the most erroneous conclusion
Bills c f Exchange, A t.) “ It will not, perhaps, that Bills of Lading and Dock Warrants (D o c k
be an unreasonable inference that the bills and W a e b a n t s ) are in all respects analogous to Bills
notes of all kinds, issued and circulated in the of Exchange, and they call them by the common
United Kingdom in the space of a single year, name of fictitious, or representative valnes. But
amount to many hundred millions, and that this this is an error of the most momentous nature in
species of property is now, in aggregate value, Political Economy. When goods are delivered to
inferior only to the land, or funded debt of the be carried, and the carrier gives a bill of lading
kingdom.” Now Sir Barnard Byles would never for them, no property in the goods passes to the
say, nor would any lawyer say, that the property carrier. I t is not an e x c h a n g e but a mere b a i l
in bills of lading amounted to a large sum, or any m e n t. That is, the property in those very goods
sum at all, for the simple reason that they have remains Inseparably associated with the Bill of
no separate existence at all, but are mere tickets Lading, and passes along with it, throngh any
on the goods they represent, and are part of them, number of handB. It resembles exactly the title
just as the title-deeds to an estate are not separate deeds of an estate. A Bill of Lading is onb pro
property, but part of it. perly with the goods. I f the carrier, or person to
45. So also in a merchant’s books a bill of ex whom the goods are entrusted, should convert
change is treated and valued like any other mer them to his own use, he would be a thief. He is
chandize, but no one would ever treat or value a merely entrusted with the custody of them for a
bill of lading as separate merchandize. particular purpose, and his sole duty is to keep
One source of confnsion arises from the fact, them safe, and deliver them to the true owner.
that because bills of exchange are expressed to be But in the case of a bill of exchange, or any
payable in money, many persons conclnde that other instrument of credit, the transaction is of a •
they are actually paid in money. Now, under totally different nature. Whenever they are
B a n k in q and C r e d i t , we have shewn that this is used, the property of the money, or goods, passes
a very great error indeed. In London, nineteen- to the person to whom they ai'e delivered. Thus,
twentieths of commercial bills are paid not by when a man places money in a bank, the property
cash, but by the creation o f bank Credits. In ordi of the money passes to the banker, and he may
nary cases the Bystem of bills of exchange may nse it in any way he pleases for his own profit.
go on for ever without payment In any coin what The property of the note, or receipt he gives for
ever, but no one ever supposed that a bill of it, passes to the depositor. Thus the money and
lading could be extinguished by anything but the the receipt or note are absolutely severed, and
delivery of the actual goods. the instrument becomes c b b d it ; that 13, it cir
46. We shall not prolong this article, which culates because any one who takes it merely
has already reached so great a length, but we may believes that he can exchange it for money at the
refer to the one on C b b d it, in which the general proper time. Thus the money and the instrument
doctrine on the subject is more fully explained. of credit are tw o properties, and may, and do,
This article is meant to be taken in connection circulate independently in commerce. So, when
with the othere on instruments of credit, B a n k a merchant sells goods, and takes a bill of ex
N o tts , P b o m iss o e t N o tb , as well as with B u x change, the property in the goods passes to the
o r L a d in g , and D o c k W a b b a m t, for the purpose buyer, and the property in tho bill of exchange
of exhibiting the fundamental distinction between passes to the seller; and tho goods and the bill
negotiable instruments, which have a superficial of exchange form two distinct properties, which
resemblance. See also particularly B a u d r i l - circulate independently in commerce. Thus, in
j l a b t ; B o c c a b d o ; C d m zk o w sk i ; E x c h a n g e ; the case of a bill of lacung, there is no exchange;
G abbxxb, J o s e p h ; H ill, E d w in ; L a w . in the case of an instrument of credit, there is an
A Treatise o f the law o f bills o f exchange, pro exchange. The former represents goods, the
missory notes, bank notes, bankers' cash notes, and latter does not represent goods, but is an inde
pendent, exchangeable quantity, like any article 3Q5
28 *)“ ’ <mi’ of **,e
Manual Calculations, worksheet, pesos, dollars, gold
dollars, mexican peso, in grains, grams, ounces.
today $41.35 per gram.

1 grain is .065 grams.
.065 x 23.2 = 1.508 grams.
1.508 grams is One Gold Dollar $
41.35 x1.508 = $62.36
A Gold Dollar $ today = $62.36 US Dollars.
Gold spot rate is $1287.45 per oz or 41.39 grams, https://www.jmbullion.com/charts/qold-
price/#
1 US Dollar = 18.81 Pesos.
A Gold Dollar $ (73rd Congress) is $62.36 (12 U.S.C. 411) x 18.81 (Peso) = $1173 (Peso
Amounts)
USD = United States Dollar, ISO 4217 Numeric code is 840
$ = Peso, Mexican numeric code is 484

Exhibit B
- true rate of "USD$" in gold terms

and in pesos terms from public
internet exchange rate calculator.
Note: gold rates are 90% pure in
grains.
My emphasis in arrows and red

comments, and yellow highlights,
annotations.
jy Claimed February 2020

OLD
Proper symbol for United States.dollars "USB$"
SD $1,266.49
4/26/2017 12:48 am EOT
B id $ 1 ,2 6 2 .7 9 Ask $ 1 ,2 6 6 .4 9
H ig h $ 1 ,2 6 6 .3 0 Low $ 1 ,2 6 2 .3 0
CHART DISPLAY
O 1 month Q D ow Jones
O 3 months □ S& P500
® 6 months o S & P E u ro
6 YTD
□ G o ld B U G S
O 1 year □ C r u d e O il N o v '16 D e o '16 J a n '17 ’17
O All
□ U S D o lla r
O ne Gold Dollar = USDS55.14 in gold terms

■low Has My Investm ent Performed?
JM Bullion ROI Caicula D efin ition of G ojd out how much your Sold is worth in a few easy steps
G.onqress
Your 90% Gold bullion is worth
Enter Your Values Below
C u rre n t S p o t P ric e P e r O u n c e : $ 1 ,2 6 6 .4 9 I have 2 3 .2 2 G r a in s S of .9 0 0 i G old Bullion. I
Metal G o ld J 1 w o u ld lik e to k n o w h o w m u c h m y b u llio n is w o r th w ith a s p o t p ric e o f
O u n c e s P u rc h a s e d ounces
1 2 6 6 .4 9 In USD * c u rre n c y .
S p o t B uy P ric e p e r O u n c e $ 0 0 .0 0
Disclaimer:Foreign exchange rates and spot prices are delayed. The results are fo r Indicative purposes c.nly n lu rn rooy
n ot match o u r offered pricing.

R PLATINUM PALLADIUM COLD/SILVER BITCOIN
,266.91 Qne
,
Gold Dollar = USD.SI
S
266.91.J known' as
Lawful currency of the United States.
+1.70 0.13%
1250
27/20174:14 pm EDT
$ 1 ,2 6 3 .2 1 Ask $ 1 ,2 6 6 .9 1
h $ 1 ,2 7 1 .1 0 Low $ 1 ,2 6 1 .8 0
HART DISPLAY
1 month __j D o w J o n e s
1150
3 months S& P500
6 months S & P E u ro 1125

YTD
□ G o ld B U G S
1100
1 year
C r u d e O il Nov '16 J a n '17 Feb '17 Mar‘17 A p r '17
A II
All
U S D o lla r
Oct 26, 2016
Apr 27, 2017
Definitiorrdra^Gold'Dollar 73rd Congress

| No Currency Symbol for this Dollar is a -U® superimpose, oyer a
I "S®.
w Has My Investm ent Performed? One Goldfbollar worth S1041 .04
j r
Bullion ROI Calculator Find out how much your Go'*' s worth in a few easy steps
t!)nelozfqdldBs23'911 Your 90% Gold bullion is worth

nter Your VaTtfes Below
lirrent Spot P rice P e r O u n c e : S 1 ,2 6 7 .0 1 ja v e 2 3 .2 2 Grains i of .900 % G o ld Bullion,
Metal G o ld i jjd lik e to k n o w h o w m u c h m y b u llio n is w o r th w ith a s p o t p ric e o f
Ounces P u rc h a s e d ounces
2 3 9 1 1 .3 9 In MXN % c u rre n c y .
Snot Buv Price n e r O u n c e «nn nn

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Table of Exhibits

1. Table of C o n te n ts....................................................................................1 37. O p eratio n of T e n d e r ............................................................................. 53

2. In tro d u ctio n .............................................................................................4 38. P ledgor vs M ortgagor vs S u re ty ....................................................... 56

3. Equity H isto ry .......................................................................................... 5 39. F oreclosure W aiver an d C o n s e n t.....................................................57

4. John B o u v ier............................................................................................6 40. R e fo rm atio n .............................................................................................58

5. Henry R. G ibson........................................................................................8 41. Q uiet Title, Minn Rule 8 1 .0 1 .............................................................. 58

6. Judicature: S tate C o u rts.........................................................................9 42. P ersonal A udit of R e c o rd s.................................................................. 62

7. Federal Jurisdiction - Article 111........................................................ 12 43. N otice of T r u s t........................................................................................62

9. Equitable vs S tatu to ry - G ibson ....................................................... 16 45. S ta rg a te ..................................................................................................... 66

10. V olunteers, Im p erfect T itle s .............................................................. 17 46. T he P ow er of th e Judge in C h a m b e rs.............................................. 68

12. Valuable C o n sid eratio n ........................................................................19 48. Bill in E q u ity ............................................................................................ 69

13. Maxims o f E q u ity .................................................................................. 19 49. E nd o f W r i tte n ...................................................................................... 71

14. Equitable C onversion...........................................................................21 5 0. D ia g ra m o f J u r is d ic tio n " E n g la rg e d " ......................................... 72

15. TRUSTS.................................................................................................. 22 51. T he P eople D iag ram ..............................................................................73

17. Equitable L ien ....................................................................................... 25 53. P u tn ey C hart o f th e L a w ...................................................................... 75

18. Exclusive E q u ity....................................................................................25 54. H aynes O utline on E quity C h a rt........................................................ 76

19. UCC 8-501 S ecurities A cc o u n t..........................................................27 55. C itations for T he P e o p le ...................................................................... 77

20. Five Offices of T ru s t............................................................................. 27 56. N ational Citizen w /o T e rr ito ry ..........................................................78

23. A ssignm ent o f Beneficial I n te r e s t................................................... 32 59. JAG...............................................................................................................81

25. Root T itle................................................................................................. 34 61. A m jur "A gainst a W in d fall".................................................................94

26. Principal A gent R elation ..................................................................... 35 62. Dobie Judicial P o w e r............................................................................. 95

27. S uretyship............................................................................................... 36 63. Black’s Law - "E x ecu to r"....................................................................102

30. Id em S o n an s............................................................................................41 66. T em p la te C reation o f Living E state - P ro p r ie ta r y .....................109

32. D octrine of M erger................................................................................42 68. G ran to r Office P ublication T e m p la te - P ro p r ie ta r y .................. 114

34. Neil G arfield............................................................................................45 70. G ran to r's A ffidavit of T ru s te e - P ro p r ie ta r y ............................... 116

36. In stru m en ts of C redit........................................................................... 50 72. E xecutor P ublication No. 1- P ro p r ie ta r y ...................................... 120

74. E xam ple Public Due P rocess - P ro p rie ta ry ................................. 122

75. Due P ro cess for C ourt R ecord - P ro p rie ta ry ...............................124

94. DMV T em p la te N otice of S u b ro g a tio n ..........................................156

131. Article III Judicial P o w e r.................................................................2 4 6

145. PS-1093, Privacy Act R ed lin e......................................................... 285 168. T re a su ry 8 - 3 0 0 0 ..................................................................................331

150. Monies, specie, p r o o fs .......................................................................2 94 173. Bill o f Exchange a b s tra c t - P ro p r ie ta r y ........................................3 59

155. Law of T e n d e r ..................................................................................... 301 178. ESTATE IEN....................... 365

161. Success - R edacted T ru s t for P o ssessio n ..................................... 317

162. USPS 3817 Title T ran sfe r Deed T em p la te - P ro p r ie ta r y 318

G reetings & B lessings A ttendee,

em b ark in g on a jo u rn e y back to w h e re w e sta rte d on th e day o f o u r nativity: th e rig h ts w e had a t th a t m o m en t w e re of the

p o w e r Laws o f th e U n ited States.

a thick d en se scorch in g h o t jungle. T he w o rk e rs a re hacking aw ay w ith th e ir m achetes, w hile th e m an ag ers a re making

m ilita ry m u n icip a l "laws o f th e U nited States" m o d e, p ro c e ss, and p roced u re:

falls outside th eir sense.

defective by reason of its universality.

once as the "law of nature."

d) Bible - New Testam ent, New Covenant

Common Law, P harisees or Rome (m artial).

acceptable; also to succeed or prosper: direct, be right, prosper.

people w ith equity.”

true. T reat me w ith fairness; look a t me w ith justice. Psalm 17:2.

or “justice3. [Psalm 89:14]

Copy Claimed February 2020 -005-

punish false swearing, or he is incompetent.

w hat is fair and ju s t und er th e given circum stances.

i. M axim s of Law from Bouvier's 1856 Law Dictionary

iv. H aeredem est nom en collectivum. H eir is a collective name.

rig h t of representation. 3 Co. 40.

father, [heirs, legacy, parentage]

Litt. 22. [legacy and parentage]

dem onstrates, [holy m atrim ony creates a lawful heir]

penalty. 2 Co. Inst. 198.