Inheritable Property

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Rights are Personal Property inheritable by descent. Incorporeal Hereditaments

INCORPO'REAL , a. [L. incorporalis, incorporeus.]

Not consisting of matter; not having a material body; immaterial. Spirits are deemed incorporeal substances.


HEREDIT'AMENT , n. [L. haeres, haeredium. See Heir.]

Any species of property that may be inherited; lands, tenements, any thing corporeal or incorporeal, real, personal or mixed, that may descend to an heir.

A corporeal hereditament is visible and tangible; an incorporeal hereditament is an ideal right, existing in contemplation of law, issuing out of substantial corporeal property.


Personal Property may only devolve to a Body Politic via Trust.

The Framers were dealing with forming a new Body Politic.

The War for Independence won not only the Lands and other Tangible / Corporeal Properties of the Crown in the New World, but also the Intangible / Incorporeal Rights of the Crown and all levels of Nobility under the Crown.

Before we get too far, allow me to address the only two dissenting positions I am aware of.

1 : The Constitution is a Will with Articles in Addendum ( Bill of Rights ) being Codicil.

A Will is by nature a Testamentary Instrument. The Sovereign has no testamentary power at common law. Again this may be found in Corpus Juris Secundum.

The Founders were acting in behalf of the new Sovereign Power, the victors of the war. Sovereigns with out Subjects, and all that. There fore the position the Constitution is a Will fails.

2 : Lysander Spooner in his treatise No Treason - The Constitution of No Authority, makes the argument the Constitution is merely a contract between the signing parties. All deceased and therefore unbinding in any way.

When one understands the Constitution as a Trust Instrument and not a personal contract, this position falls away.

Let's take a look at our contention the Constitution formed an Estate in Trust .

It takes some study to really grasp this , so lets just state the Founders followed the Common Law in their dealings . That's the Common Law of Mother England , by the way . This body of Law stretches back some 1,000 years . We are dealing primarily in Estates and Inheritance .

It is a tenet of Law that in order to determine the intent of a writing one must look to the preamble . ( In Statute that would be the "Empowerment Clause" ) . For our purposes I will note how it established the Constitution as a Trust instrument by fulfilling the requirements to establish a Trust .

Definitions of words from the 1828 edition of Webster's American Dictionary of the English Language are enlightening. Particularly State ( 5. A political body, or body politic; the whole body of people united under one government, whatever may be the form of the government. ) and Estate ( 6. The general business or interest of government; hence, a political body; a commonwealth; a republic. But in this sense, we now use State. ) and States ( n. plu. Nobility.. The ONLY definition )

Numbered items are necessary elements to establish a Trust . See Bogert on Trusts . Earlier the edition the better .

WE THE PEOPLE ( 1 - Grantors ) of the United States ( from or out of the United / Joined Nobility ) , in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the General Welfare , and secure the Blessings of Liberty ( 2 - Statement of Purpose ) to ourselves and our Posterity ( 3 - Grantees : Heirs unnamed ) , do ordain and establish ( 4 - Statement of Intent . Note : Ordain comes from Cannon Law ) this Constitution ( 5 - Written Indenture ) for the United States of America ( Joined Nobility belonging to America : 6 - The Name of the Entity Created )

The Preamble fulfills the requirements necessary to establish a Trust . Recall that Rights , Privileges and Prerogatives of Commoners to Royalty are considered Personal Property inheritable by decent and Personal Property may only devolve to a Body Politic via Trust. We took all those combined Properties as spoils from the War for Independence . Had to divide up the booty somehow .

Can it get any simpler ?
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