Hello Greetings. I'm calling because I wish to discuss a child support matter….

specifically referencing the docket number (whenever you're ready) (Case docket).

I’M THE BENEFICIARY, OF THE DECEDENT'S ESTATE AND IMPLIED SURETY

Decedent's Estate = ( legal fiction, artificial person, ens legis, trust )

My purpose is to have an impartial discussion…. regarding my interest in

this case I'm the surety to.

— I WOULD LIKE TO NOTE AS A DISCLAIMER —

That I’m not an enemy nor an ally to an enemy as is under the Trading
with the Enemies Act, The Emergency Banking Act, and the War Powers Act; I'm a
private civilian, and friend of the court.

So, I have been studying suretyship and have some concerns, do you know
who Henry Gibson is? Author of Suit in Chancery, and are you familiar with the
doctrine of suretyship?

(IF NOT)

I'm sorry, I'm not trying to insult your intelligence but is the clerk and master
(clerk's name) available or someone who might be more informed for discussion?

So… On (date), I deeded a tender of special deposit to the Clerk of Court….

and by doing so, I expressed an equitable right, which signifies:

THAT

● When I transferred the special deposit by assignment, it was filed and

received by receipt of the court, a trust was created, as a result, you
assumed the position of Fiduciary/Trustee while I was the designated
beneficiary.
● This is clearly indicated in the tender that was filed with the court, “to
fiduciary trustee (clerk’s name).”

IN

— Henry Gibson’s [Suits of Chancery] Suits In Relation To Trusts § 925 pg. 714 —

In the view of Courts of Equity, The Trustee is a mere steward to hold, manage,
and account for the proceeds of trust property for the exclusive benefit of the
beneficiary.

EXPRESSION OF TRUST
BY : AMMITAI JEDEDIAH BEY
 ● Courts of Equity have exclusive jurisdiction of all matters arising out of
trusts of all kinds. It has also become evident that (whoever signed order)
endorsement identifies her/him as a trustee, and she is also accountable
for reimbursement.

Any person capable of holding property can be made a trustee.

There's a Maxim — that Equity will not allow a trust to fail for want of a trustee.

IN THAT REGARDS

I’m the beneficiary; there is an implied trust being misconstrued concerning

this account, as equity regards the beneficiary as the true owner.

As fiduciary trustee, you were instructed to hold the trust res, to be used as
a security in the extension of credit for interest of the beneficiary to offset and
discharge the debt liability, ensuring the balancing of the ledger. This implies a
binding duty, an obligation, and an undertaking.

My signature is the representation of the trust, in the redemption of all my

past, present, and future labor an assets, as my signature is the consideration for
the discharging of outstanding debt.

As recorded in — HOUSE JOINT RESOLUTION 192.

● Any obligation which purports to give the obligee a right to require

payment in gold or a particular kind of coin or currency, or in an amount in
money of the United States thereby is declared against public policy.
● Every obligation, incurred shall be discharged upon payment dollar for
dollar, in any coin or currency which at the time of payment is legal tender
for public and private debts.

ARE YOU AWARE OF THE DIFFERENCE BETWEEN A DEBT PAID AND A DEBT
DISCHARGED?

In the case of Stanek v. White, 172 Minn. 390, 215 H.W. 784, the court
explained the legal distinction between the words "payment" and "discharge"
"There is a distinction between a `debt discharged' and a `debt paid.' When
discharged, the debt still exists though divested of its character as a legal
obligation during the operation of the discharge. Something of the original
vitality of the debt continues to exist, which may be transferred, even though the
transferee takes it subject to its disability incident to the discharge. The fact that
it carries something which may be a consideration for a new promise to pay, so
as to make an otherwise worthless promise a legal obligation, makes it the subject
of transfer by assignment."

EXPRESSION OF TRUST
BY : AMMITAI JEDEDIAH BEY
 If two parties have the four elements of a trust and employ one of the four
methods of formation of the trust, then you have a trust, recognized in law,
whether they know it or not, and the trustee can be held liable.

The four elements of the establishment of a trust are

1. Parties {grantor, trustee, beneficiary)

2. A specific res/property or thing
3. Intent, and;
4. Purpose

AS DOCUMENTED IN [section 23, ‘ Restatement of the Law on Trusts’]

One is presumed to know the nature and content of what he signs. But no
parties to the trust need to know or understand that they are forming a trust
“that does not negate the trust”

I’m the Subrogee, while you stand as the Subrogor/Trustee. Through the
principle of Equitable Subrogation, my rights supersede those of

● Yourself,
● The State,
● The Plaintiff, and
● Any intermediaries

I COMPREHEND THE SITUATION, HOWEVER,

As Subrogee, I possess the paramount rights among all parties involved in

this case, vesting me with priority over the creditor's security interests, remedies
and entitlements in which they could have asserted had the duty not been
discharged.

➢ Denying my right to subrogation would be an unjust

enrichment and constructive fraud

★ As subrogee, I stipulate the release from all obligations of the principal.

★ As subrogee, I stipulate the disbursement of all bonds and distribution of
the cheques and chattels to the real beneficial owner.
★ As subrogee, I stipulate a decree for the closure and settlement of this case.

This divulgence is also giving notice of an intended special visitation to the

court on (Date), to convey a Bill of Exoneration (and/or) Bill of Subrogation
and Substitution.

EXPRESSION OF TRUST
BY : AMMITAI JEDEDIAH BEY
 The rights of a surety to recovery of his risk or loss when standing for the
debts of another was reaffirmed again as late as 1962 in Pearlman v. Reliance Ins.
Co. 371 U. S. 132
When the Supreme Court said…
● Sureties compelled to pay debts for their principal have been deemed
entitled to reimbursement, even without a contractual promise; and
probably there are few doctrines better established.

Gibsons Suits in Chancery § 931. Cases of Constructive Trusts —

Constructive trusts are so-called because they are constructed by Courts of

Equity in order to satisfy the demands of justice, without reference to any
presumable intention of the parties; they include cases:
● 3) Where a person makes use of some relation of influence or confidence
to obtain the legal title upon more advantageous terms than could
otherwise have been obtained;

In all such cases, Equity, for the purpose of doing justice in the most
efficient manner, constructs a trust out of the transaction and makes a trustee
out of the person, thus acquiring the title. The most common illustrations of
constructive trusts are the following:
● 4) Where an executor, administrator, guardian, or other trustee, makes
profits out of the trust fund or estate.

Gibsons Suits in Chancery § 936. Suits in Cases of Constructive Fraud —

Constructive frauds are acts, statements, or omissions, which operate as virtual

frauds on individuals, or which, if generally permitted, would be prejudicial to the
public welfare, and are not clearly resolvable into mere accident or mistake, and
yet may have been unconnected with any selfish evil design, or may amount, in
the opinion of the person chargeable therewith, to nothing more than what is
justifiable or allowable. Constructive frauds mainly consist of the following —

4. Frauds on Sureties as —

(1) in cases where the creditor, upon sufficient consideration, gives the
principal debtor further time for payment, without the surety's consent;
(2) in any other case of a subsequent contract between the principal
debtor and the creditor to the detriment of the surety; and
(3) any case where the creditor does any act injurious to the surety or
omits any act he is bound to do, and the surety is injured by such omission.

EXPRESSION OF TRUST
BY : AMMITAI JEDEDIAH BEY
Gibson's Suits in Chancery § 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 defense to any suit brought against him, in a Court of law or
Equity.

Gibsons Suits in Chancery § 964. Suits for Subrogation and Substitution —

Subrogation is the substitution of one person in place of a creditor, 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. So, whenever a
surety, or other person secondarily liable, discharges a debt, he is entitled to the
benefit of all collaterals or liens which the creditor held as security; 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, 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. The following are the most usual cases of subrogation
and substitution.

1) Where a surety discharges the debt or obligation of his principal.

3) Where anyone not primarily liable pays the debt or discharges the
obligation of the one primarily liable.

6) Where a person advances money to discharge an incumbrance on

an agreement that he should succeed to the rights of the
encumbrancer.
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.

EXPRESSION OF TRUST
BY : AMMITAI JEDEDIAH BEY
SURETY —

● One who undertakes to pay money or to do any other act in event that his
principal fails therein. Blacks Law Dictionary 5th edition pg.1293

● Everyone who incurs a liability in person or estate, for the benefit of

another, without sharing in the consideration, stands in the position of a
"surety," whatever may be the form of his obligation. Howell v. War Finance
Corp., c.c.A.Ariz., 71 F.2d 237, 243. Blacks Law Dictionary 5th edition pg.1293

TRUST DEPOSIT/SPECIAL DEPOSIT —

● Where money or property is deposited to be kept intact and not

commingled with other funds or property of bank and is to be returned in
kind to depositor or devoted to particular purpose or requirement of
depositor or payment of particular debts or obligations of depositor. Also
called "special deposit". Blacks Law Dictionary 5th ed pg. 1356

CONSTRUCTIVE TRUST —

● A trust raised by construction of law, or arising by operation of law, as

distinguished from an express trust. Wherever the circumstances of a
transaction are such that the person who takes the legal estate in property
cannot also enjoy the beneficial interest without necessarily violating some
established principle of equity, the court will immediately raise a
constructive trust, and fasten it upon the conscience of the legal owner, so
as to convert him into a trustee for the parties who in equity are entitled to
the beneficial enjoyment.

● Constructive trusts do not arise by agreement or from intention, but by

operation of law, and fraud, active or constructive, is their essential
element. Actual fraud is not necessary, but such a trust will arise whenever
circumstances under which property was acquired made it inequitable that
it should be retained by him who holds the legal title. Constructive trusts
have been said to arise through the application of the doctrine of
equitable estoppel, or under the broad doctrine that equity regards and
treats as done what in good conscience ought to be done, and such trusts
are also known as "trusts ex maleficio" or "ex delicto" or "involuntary trusts"
and their forms and varieties are practically without limit, being raised by
courts of equity whenever it becomes necessary to prevent a failure of
justice. Blacks Law Dictionary 5th ed pg. 1353

EXPRESSION OF TRUST
BY : AMMITAI JEDEDIAH BEY
 Maxims of equity are legal maxims that serve as a set of
general principles or rules which are said to govern the way in
which equity operates.

Equity regards the beneficiary as the true owner

● Due to limits in old Common Law, no remedy was had for beneficiaries if, for
example, a trustee ran off with the trust property. To remedy this and protect
intended recipients of trust property, Equity regarded the beneficiary as the
true (eventual) owners of the trust property.

Equity will not allow a trust to fail for want of a trustee

● If there is no trustee, whoever has legal title to the trust property will be
considered the trustee.

Equity will not allow a wrongdoer to profit by a wrong

● This principle is the basis for much of the law of restitution. In Jehon v Vivian
(1876) Law Rep. 6 Ch. App. 742, Lord Chancellor Hatherley stated that “this court
never allows a man to make profit by a wrong.”
● The U.S. Supreme Court likewise stated in Root v. Railway Company (1881) that “it
would be inequitable that [a wrongdoer] should make a profit out of his own
wrong.” In Liu v. Securities and Exchange Commission (2020), the Supreme
Court called this a “foundational principle.”

Equity looks on that as done which ought to have been done

● Sometimes phrased as "equity regards as done what should have been done",
this maxim means that when individuals are required, by their agreements or
by law, to perform some act of legal significance, equity will regard that act as
having been done as it ought to have been done, even before it has actually
happened.

Equity will not allow a statute to be used as a cloak for fraud

● Equity prevents a party from relying upon a presence or absence of a
statutory formality if to do so would be unconscionable and unfair. This can
occur in secret trusts and constructive trusts.

EXPRESSION OF TRUST
BY : AMMITAI JEDEDIAH BEY