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- Trust Law 101
Trust Law 101
In ‘Divine law’, ‘Trust law’ & the laws that govern ‘Wills’ and ‘Heritability’, when any individual or group of individuals are not in the Honor of their Mothers and Fathers they then have no right to inheritance, and thus are non-descendible. For example; If I am William P Baker (Grantor), and in my ‘Will’, I leave all my assets, etcetera to my Son Paul B Baker (Beneficiary), if my son Paul is mentally incompetent (unable to inherit), then those assets will be placed in a trust, to be administered by his mother (Trustee) or any other person designated as a trustee, until he either becomes of age (if he is a minor) or becomes mentally competent to manage the assets, which he can either remain a beneficiary or assume the position of trustee and administer the trust for the benefit of his prosperity. If Paul does not recognize his connection (Blood line) to me, his father, and a trust is not established designating a trustee to administer it, then the course of descent is thereby interrupted and all assets revert to ‘the State’ whereas the principles of escheating get invoked whereby the estate becomes abandoned for a lack of an heir competent enough to inherit or make claim thereto. By not recognizing his blood connection and his inheritance, Paul has abandoned his estate. But, if Paul has a child and that child recognizes his connection to me, the grandfather, and can prove that connection as well as prove mental competence, then the inheritance must be returned to him via ‘Reversion’. CHEATERS, or ESCHEATORS, “a cheater came to signify a fraudulent person, and thence the verb to cheat was derived. Wharton.” “In feudal law. Escheat Is an obstruction of the course of descent, and consequent determination of the tenure, by some unforeseen contingency, in which case the land naturally results back, by a kind of reversion, to the original grantor, or lord of the fee.” “In American law. Escheat signifies a reversion of property to the state in consequence of a want of any individual competent to inherit. The state is deemed to occupy the place and hold the rights of the feudal lord.” "Escheat at feudal law was the right of the lord of a fee to re-enter upon the same when it became vacant by the extinction of the blood of the tenant. The word 'escheat,' in this country, at the present time, merely indicates the preferable right of the state to an estate left vacant, and without there being any one in existence able to make claim thereto." Escheating is what all Mortgages are rooted in. Before we get into Escheating, I need to mention that whenever anyone agrees to enter into a Mortgage, the ‘Borrower’ is always listed as a ‘Tenant’ and never the ‘Owner’. CONVERSION. Equity. The exchange of property from real to personal or from personal to real, which takes place under some circumstances in the consideration of the law, such as, to give effect to directions in a will or settlement, or to stipulations in a contract, although no such change has actually taken place: and by which exchange the property so dealt with becomes invested with the properties and attributes of that into which it is supposed to have been converted; Although it is sometimes necessary for certain purposes of devolution and transfer to regard the property in its changed condition as though the change has not absolutely taken place;