Breach of Common Law Trust Public Notice/Public Record Nemo est snpra leges defined: No one is above the

law. Lofft, 142. Nemo alieno nomine lege age re potest defined: No one can sue in the name of another. Dig. 50, 17, 12a Breach defined: The breaking or violating of a law, right, obligation, engagement, or duty, either by commission or omission. Exists where one party to contract fails to carry out term, promise, or condition of the contract. Blacks Law Dictionary Sixth Edition (page 188) Breach Of Close defined: The unlawful or unwarrantable entry on another person's soil, land, or close. Blacks Law Dictionary Sixth Edition (page 188) Breach Of Contract defined: Failure, without legal excuse, to perform any promise which forms the whole or part of a contract. Prevention or hindrance by party to contract of any occurrence or performance requisite under the contract for the creation or continuance of a right in favor of the other party or the discharge of a duty by him. Unequivocal, distinct and absolute refusal to per form agreement. Constructive breach Such breach takes place when the party bound to perform disables himself from performance by some act, or declares, before the time comes, that he will not perform. The Adamello, D.C.Va., 19 F.2d 388, 389. See also Anticipatory breach of contract. Continuing Breach. Such breach occurs where the state of affairs, or the specific act, constituting the breach, endures for a considerable period of time, or is repeated at short intervals. Efficient Breach. Modern contract theory which holds that it may be economically efficient to breach a con tract and pay damages. Seibel v. Liberty Homes, Inc., 305 Or. 362, 752 P.2d 291, 294. Occurs when the breaching party will still profit after compensating the other party for its "expectation interest." Thyssen, Inc. v. S.S. Fortune Star, C.A.N.Y., 777 F.2d 57, 63. See also Patton v. Mid-Continent Systems, Inc., C.A.Ill., 841 F.2d 742, 750. This theory is not well accepted. Material Breach. Violation of contract which is substantial and significant and which usually excuses the aggrieved party from further performance under the con tract and affords a right to sue for damages. Partial breach. A violation of a contract as to one part only or to a less significant degree than a material breach and which gives the aggrieved party a right to damages but generally does not excuse his performance. Rights and Remedies. Parts 6 and 7 of U.C.C. Article 2 cover rights and remedies of both buyer and seller on breach of contract by either. See also Damages; Performance (Specific performance). Blacks Law Dictionary Sixth Edition (page 188-189) Tort Action defined: A tort action may exist for bad faith breach of contract as based on breach of the implied covenant of good faith and fair dealing. Such actions commonly involve insurance contracts. Blacks 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. Blacks Law Dictionary Sixth Edition (page 189) 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. Blacks 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 forgetful ness, 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. Blacks 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. Blacks Law Dictionary Sixth Edition (page 189) Breach Of Warranty defined: In real property law and the law of insurance, the failure or falsehood of an affirmative promise or statement, or the nonperformance of an executory stipulation. As used in the law of sales, breach of warranty, unlike fraud, does not involve guilty knowledge, and rests on contract. Under Uniform Commercial Code consists of a violation of either an express or implied warranty relating to title, quality, content or condition of goods sold for which an action in contract will lie. U.C.C. 2-312 et seq. See Warranty. Blacks Law Dictionary Sixth Edition (page 189) BREACH defined: contract, torts. The violation of an obligation, engagement or duty; as a breach of covenant is the non-performance or violation of a covenant; the breach of a promise is non-performance of a promise; the breach of a duty, is the refusal or neglect to execute an office or public trust, according to law. 2. Breaches of a contract are single or continuing breaches. The former are those which are committed at one single time. Skin. 367; Carth. 289. A continuing breach is one committed at different times, as, if a covenant to repair be broken at one time, and the same covenant be again broken, it is a continuing breach. Moore, 242; 1 Leon. 62; 1 Salk. 141; Holt, 178; Lord Raym. 1125. When a covenant running with the land is assigned after a single breach, the right of action for such breach does not pass to the assignee but if it be assigned after the commencement of a continuing breach, the right of action then vests in such assignee. Cro. Eliz. 863; 8 Taunt. 227;, 2 Moore, 164; 1 Leon. 62. 3. In general the remedy for breaches of contracts, or quasi contracts, is by a civil action. 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 CONVERSION defined: torts. the unlawful turning or applying the personal goods of another to the use of the taker, or of some other person than the, owner; or the unlawful destroying or altering their nature. Bull. N. P. 44; 6 Mass. 20; 14 Pick. 356; 3 Brod. & Bing. 2; Cro. Eliz. 219 12 Mod. 519; 5 Mass. 104; 6 Shepl. 382; Story, Bailm. Sec. 188, 269, 306; 6 Mass. 422; 2 B. & P. 488; 3 B. & Ald. 702; 11 M. & W. 363; 8 Taunt. 237; 4 Taunt. 24. 2. When a party takes away or wrongfully assumes the right to goods which belong to another, it will in general be sufficient evidence of a conversion but when the original taking was, lawful, as when the party found the goods, and the detention only is illegal, it is absolutely necessary to make a demand of the goods, and there must be a refusal to deliver them before the conversion will, be complete. 1 Ch. Pr. 566; 2 Saund. 47 e, note 1 Ch. Pl. 179; Bac. Ab. Trover, B 1 Com. Dig. 439; 3 Com. Dig. 142; 1 Vin. Ab. 236; Yelv. 174, n.; 2 East, R. 405; 6 East, R. 540; 4 Taunt. 799 5 Barn. & Cr. 146; S. C. 11 Eng. C. L. Rep. 185; 3 Bl. Com. 152; 3 Bouv. Inst. n. 3522, et seq. The refusal by a servant to deliver the goods entrusted to him by his master, is not evidence of a conversion by his master. 5 Hill, 455. 3. The tortious taking of property is, of itself, a conversion 15 John. R. 431 and any intermeddling with it, or any exercise of dominion over it, subversive of the dominion of the owner, or the nature of the bailment, if it be bailed, is, evidence of a conversion. 1 Nott & McCord, R. 592; 2 Mass. R. 398; 1 Har. & John. 519; 7 John. R. 254; 10 John. R. 172 14 John. R. 128; Cro. Eliz. 219; 2 John. Cas. 411. Vide Trover. 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 TORT defined: An injury; a wrong; (q.v.) hence the expression an executor de son tort, of his own wrong. Co. Lit. 158. 2. Torts may be committed with force, as trespasses, which may be an injury to the person, such as assault, battery, imprisonment; to the property in possession; or they may be committed without force. Torts of this nature are to the absolute or relative rights of persons, or to personal property in

possession or reversion, or to real property, corporeal or encorporeal, in possession or reversion: these injuries may be either by nonfeasance, malfeasance, or misfeasance. 1 Chit. Pl. 133-4. Vide 1 Fonb. Eq. 4; Bouv. Inst. Index, h.t.; and the article Injury. 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 TORT FEASOR defined: A wrongdoer, one who does wrong; one who commits a trespass or is guilty of a tort. 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 Breaking defined: Forcibly separating, parting, disintegrating, or piercing any solid substance. In the criminal law as to housebreaking and burglary, it means the tearing away or removal of any part of a house or of the locks, latches, or other fastenings intended to secure it, or otherwise exerting force to gain an entrance, with criminal intent; or violently or forcibly breaking out of a house, after having unlawfully entered it, in the attempt to escape. Actual "breaking" involves application of some force, though the slightest force is sufficient; e.g. an actual "breaking" may be made by unloosening, removing or displacing any covering or fastening of the premises, such as lifting a latch, drawing a bolt, raising an unfastened window, or pushing open a door kept closed by its own weight. Sparkman v. State, 3 Md.App. 527, 240 A.2d 328, 331. Even the opening of a closed and unlocked door or window is sufficient to constitute a "breaking" within terms of statute, so long as it is done with a burglarious intent. State v. Sanderson, Mo.App., 528 S.W.2d 527, 531. See Burglary. Blacks Law Dictionary Sixth Edition (page 189, 190) Breaking A Close defined: Unlawful entry upon land of another (common law trespass). Blacks Law Dictionary Sixth Edition (page 190) Common Law defined: As distinguished from statutory law created by the enactment of legislatures, the common law comprises the body of those principles and rules of action, relating to the government and security of per sons and property, which derive their authority solely from usages and customs of immemorial antiquity, or from the judgments and decrees of the courts recognizing, affirming, and enforcing such usages and customs; and, in this sense, particularly the ancient unwritten law of England. In general, it is a body of law that develops and derives through judicial decisions, as distinguished from legislative enactments. The "common law" is all the statutory and case law background of England and the American colonies before the American revolution. People v. Rehman, 253 C.A.2d 119, 61 Cal. Rptr. 65, 85. It consists of those principles, usage and rules of action applicable to government and security of persons and property which do not rest for their authority upon any express and positive declaration of the will of the legislature. Bishop v. U. S., D.C.Tex., 334 F.Supp. 415, 418. As distinguished from ecclesiastical law, it is the sys tem of jurisprudence administered by the purely secular tribunals. Calif. Civil Code, Section 22.2, provides that the "common law of England, so far as it is not repugnant to or inconsistent with the Constitution of the United States, or the Constitution or laws of this State, is the rule of decision in all the courts of this State." In a broad sense, "common law" may designate all that part of the positive law, juristic theory, and ancient custom of any state or nation which is of general and universal application, thus marking off special or local rules or customs. As a compound adjective "common-law" is understood as contrasted with or opposed to "statutory," and some times also to "equitable" or to "criminal." Blacks Law Dictionary Sixth Edition (page 276-277) Common-Law Trust defined: A business trust which has certain characteristics in common with corporations and in which trustees hold the property and manage the business and the shareholders are the trust beneficiaries or cestui que trust; sometimes known as a Massachusetts trust. See Massachusetts trust. Blacks Law Dictionary Sixth Edition (page 277) Common-Law Trademark defined: One appropriated under common-law rules, regardless of statutes. Stratton & Terstegge Co. v. Stiglitz Furnace Co., 258 Ky. 678, 81 S.W.2d 1, 3. Blacks Law Dictionary

Sixth Edition (page 277 Common-Law Jurisdiction defined: Jurisdiction of a court to try and decide such cases as were cognizable by the courts of law under the English common law. The jurisdiction of those courts which exercise their judicial powers according to the course of the common law Blacks Law Dictionary Sixth Edition (page 277) Common-Law Action defined: Action governed by common law, rather than statutory, equitable, or civil law. Blacks Law Dictionary Sixth Edition (page 277) Common-Law Assignments defined: Such forms of assignments for the benefit of creditors as were known to the common law, as distinguished from such as are of modern invention or authorized by statute. Blacks Law Dictionary Sixth Edition (page 277) Common-Law Cheat defined: The obtaining of money or property by means of a false token, symbol, or device; this being the definition of a cheat or "cheating" at common law. Blacks Law Dictionary Sixth Edition (page 277) Sui Juris In my Private Capacity as Administrator of Cestui Que Trust, facts contained herein are true, correct, complete, and not misleading, to the best of my personal first hand knowledge and belief. Being of sound mind, competent, over the age of 18. This my free will, voluntary act and deed to make, execute, seal, acknowledge and deliver under my hand and seal to record now for and in the public record Formally Accept and Consummate required Oaths/ Oaths of Office, Constitutions as by-laws and Malfeasance Bond, and place you in the Private, (Blacks Law 6th Ed.) all are without excuse. Public notice for successor and assigns, d/b/a/: the U.S., all Enclaves, Insular Possessions, Territories, together with all Cities, Municipalities, Counties, Townships, etc, all sundry employees, agents, and all a/k/a: PUBLIC SERVANTs (trustees) commencing this Self-Executing binding Contract as you being my public servant Fully Personally Liable Now to protect me and all my Un-a-lien-able Rights private and public secured by the Constitutions. Whereas pursuant to Right includes remedies. This my free will, voluntary act and deed true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver under my hand and seal reserving all rights without prejudice; By:______________________________________________ Sui Juris known as; John of the genealogy of Doe Bailor for JOHN DOE Bailee _______________________________________________ Jane, Roe Third Party Witness "Sealed and delivered in the presence of us." STATE OF ILLINOIS ) ) SS: COUNTY OF COOK ) CERTIFICATE OF ACKNOWLEDGMENT On this date the individual named above, in his/her stated capacity, personally appeared before me to execute this acknowledgement that this instrument was signed, sealed, and delivered as their free will, voluntary act and deed to make, execute, seal, acknowledge and deliver under their hand and seal verified and authenticated for the uses and purposes therein mentioned. _____________________ DATE AFFIX NOTARY SEAL IF REQUIRED Date Commission Expires __________________ _________________________________ Signature of NOTARY PUBLIC