Legal Title is in
the Secretary Of State as Trustee
Holding Legal Title
For Beneficiary of Cestui Que Trust/Estate
All “real
property” (homes) in the 50 Union states are in “Trust” by “Trustee” the
Secretary of State (Fiduciary Capacity) in respect to the trust and confidence
involved in it and the scrupulous good faith and candor which it requires. A
person having duty, created by his undertaking, to act primarily for another's
benefit in matters connected with such under taking.
The Secretary of
State of each of the 50 Union states is the “Archivist” of legal titles of the
“People” the “Beneficiaries” of said Cestui Que Trust/Estate.
LEGAL defined:.
That which is according to law. It is used in opposition to equitable, as the
legal estate is, in the trustee, the equitable estate in the cestui que trust.
Vide Powell on Mortg. Index, h.t. 2. The party who has the legal title has
alone the right to seek a remedy for a wrong to his estate, in a court of law,
though he may have no beneficial interest in it. The equitable owner is he who
has not the legal estate, but is entitled to the beneficial interest. 3. The
person who holds the legal estate for the benefit of another is called a
trustee; he, who has the beneficiary interest and does not hold the legal
title, is called the beneficiary, or more technically, the cestui que trust. 4.
When the trustee has a claim, he must enforce his right in a court of equity,
for he cannot sue any one at law, in his own name; 1 East, 497; 8 T. R. 332; 1
Saund. 158, n. 1; 2 Bing. 20; still less can he in such court sue his own trustee.
1 East, 497. A Law Dictionary Adapted To The Constitution and Laws of the
United States of America and of the Several States of the American Union by
John Bouvier Revised Sixth Edition, 1856
LEGAL ESTATE
defined: One, the right to which may be enforced in a court of law. It is
distinguished from an equitable estate, the rights to which can be established
only in a court of equity. 2 Bouv. Inst. n. 1688. A Law Dictionary Adapted To
The Constitution and Laws of the United States of America and of the Several
States of the American Union by John Bouvier Revised Sixth Edition, 1856
BREACH OF DUTY
defined: In a general sense, any violation or omission of a legal or moral
duty. More particularly, the neglect or failure to fulfill in a just and proper
manner the duties of an office or fiduciary employment. Every violation by a
trustee of a duty which equity lays upon him, whether willful and fraudulent,
or done through negligence or arising through mere oversight or forgetfulness,
is a breach of duty. See Non-support. Black’s Law Dictionary Sixth Edition
(page 189)
BREACH OF
COVENANT defined: The nonperformance of any covenant agreed to be performed, or
the doing of any act covenanted not to be done. Black’s Law Dictionary Sixth
Edition (page 189)
BREACH OF TRUST
defined: Any act done by a trustee contrary to the terms of his trust, or in
excess of his authority and to the detriment of the trust; or the wrongful
omission by a trustee of any act required of him by the terms of the trust.
Also the wrongful misappropriation by a trustee of any fund or property, which
had been lawfully committed to him in a fiduciary character. Every violation by
a trustee of a duty which equity lays upon him, whether willful and fraudulent,
or done through negligence, or arising through mere oversight and
forgetfulness, is a "breach of trust." The term, therefore, includes
every omission and commission in carrying out the trust according to its terms,
of care and diligence in protecting and investing the trust property, and of using
perfect good faith. A violation by the trustee of any duty, which he owes to
the beneficiary. Bruun v. Han son, C.C.A.ldaho, 103 F.2d 685, 699. Black’s Law
Dictionary Sixth Edition (page 189)
BREACH OF TRUST
WITH FRAUDULENT INTENT defined: Larceny after trust. State v. Owings, 205 S.C.
314, 31 S.E.2d 906, 907. Black’s Law Dictionary Sixth Edition (page 189)
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