DIGEST (OF POINTS AND AUTHORITIES)

ESTABLISHES FRANK LEWIS EL BEY WAS APPOINTEED TRUSTEE
BY THE TRUSTOR NOBLE DREW ALI

 

INTRODUCTION

This is a brief work on how Frank Lewis El Bey was appointed
trustee by the trustor, Prophet Noble Drew Ali, of the express
trust he created in 1928, in Cook County, Illinois for the benefit
of the Moors and the uplift of fallen humanity generally.
The question often arises (and it is a mystery to some), how did
the founder and trustor, Noble Drew Ali, appoint Frank Lewis El Bey
trustee when he had passed before Frank Lewis El Bey was born? The
answer is quite simple; he made the appointment constructively or
legally; meaning it is an appointment inferred or implied by legal
or judicial interpretation. The appointment of Frank Lewis El Bey
as trustee is a divine appointment and the duties attached thereto
are likewise. Especially, see sections 6 through 9 below.


The exhibits mentioned herein are exhibits that were presented into evidence at a bench trial in the Circuit Court of Prince
George's County, Maryland December 17, 1998 (Case No. CAL 97-01899) to establish the express trust existence and Frank Lewis El Bey's
appointment as trustee.


THE FACTS AND LAW

The Prophet Noble Drew Ali founded the Moorish Science Temple of America, Inc., and he created the express trust, two legal

institutions to carry-out his great works. The Moorish Science Temple of America was founded to be the organizational apparatus to

administer (manage) the express trust for Moorish Americans. Both these institutions were duly created with the same set of

instruments in 1928.

 

  1. 1. The following is how the trustor, Prophet Noble Drew Ali, appointed Frank Lewis El Bey trustee even though he had passed

    before Frank Lewis El Bey was born:  He made the appointment constructively or legally. Meaning, it is an appointment inferred

or implied by legal or judicial interpretation.

"A trustee may be appointed or designated in any way in which a trust can be created as an integral part of the trust itself..... A trustee may be indicated and assume responsibility as such without express designation...."
Inglis v. Trustees of Sailor's Snug Harbor, 28 US 99, 7 L Ed 617; also see 76 Am Jur 2d, sec. 119, p. 362.
 

  1. Form of Words or Phrases:

    "Technical or particular words or phrases are not required or essential to the manifestation of a settlor to create a trust. Moreover, no positive rule can be laid

down which shall determine in all cases what terms or expressions will create a trust." Saylor v. Paine, 31 Md 158. Also see, 76 Am Jur 2d, sec. 41, page 287.

That means, technical or particular words or phrases are not required or essential by the trustor to appoint or designate the trustee. Moreover, no positive rule

can be laid down which shall determine in all cases what terms or expressions are adequate to appoint or designate a trustee.
 

  1. To better understand how the trustor, Noble Drew Ali, made the appointment requires some insight into how he created the
    express trust.

    "While the intention to create a trust may be, and usually is, manifested by employment by the trustor of express or explicit language, such intention may also be

manifested by inference from those things which a trustor has said or done, from the nature of a transaction, or from the circumstances surrounding creation of

the purported trust.... A trust based upon a determination of intention to create it by construction and inference is an express trust.....An inference of intention to

create a trust may be made generally from any manner of writing or writings, from writing in connection with other circumstances proper to be considered,

from oral statements exclusively, or in connection with transactions, and circumstances, or from conduct, transactions, and circumstances, subject to the requirements of the
statute of frauds or the parol evidence rule...." 76 Am Jur 2d, sec. 55, p. 302.

  1. Categorically, the trustor, Noble Drew Ali, used the writings of the Moorish Science Temple of America (Our Authority,
    exhibit 1 and The Moorish Holy Koran, exhibit 2) to create the express trust in 1928; and inferences are made throughout in
    reference to the said trust creation, existence and performance.
  1. The oral statements of the trustor are important components herein. The oral statements of the trustor used herein are recorded in the pamphlet,

"ORAL STATEMENT AND PROPHESIES OF PROPHET NOBLE DREW ALI, FOUNDER OF THE MOORISH SCIENCE TEMPLE.
Compiled by R. Love-El, "Grand Sheik of the M.S.T. of A. Copyrighted in 1987. Registered in 1988." See exhibit 6.


The oral statements are important because:

"Due weight must be given to all words used by the trustor in determining his intention....
In the case of a trust based on a written instrument, the intention of the trustor is to be
ascertained from the language thereof, and the court may not go outside the language in an
effort to give effect to what it conceives to have been the actual intent or motive of the
trustor.... if the trustor has clearly expressed one intention, the court cannot impute to him
another. Gillespie v. Smith, 29 Ill 473. Also see 76 Am Jur 2d, sec. 17, p. 264,265.

  1. Under a trust, perfect ownership is decomposed into constituent elements of legal title and beneficial interest, which
    are vested in different persons at the same time. In this case, the different persons are: (a) the trustee, Frank Lewis El Bey (who
    hold the legal title to the property); and (b) the beneficiaries, Moorish-Americans (who are the real or true owners).
     
  2. Now Let's Examine Some Of The Trustor's Actions:

    "It is essential to the creation of an express trust that the settlor presently and unequivocally make a
    disposition of the property by which he divests himself of full legal and equitable ownership thereof." 76
    Am Jur 2d, sec. 35, pp. 281,282.
     
    1. The trustor, Noble Drew Ali, made a present and unequivocal disposition of the trust property. He divested himself of dominion
      and control of the deed when he left it with the Recorder of Deeds, Cook County, Illinois without any qualifying words August 1, 1928
      and never went back to retrieve it. That was a legal delivery. See 23 Am Jur 2d, sec. 94-96, 102, pp. 145-148.
       
    2. He further manifested his intention to divest himself of dominion and control of the instrument when he later called a
      meeting with the Moors (the members of the M.S.T. of A.), and while speaking to them, held up Our Authority, exhibit 1 and The Moorish
       

    Holy Koran, exhibit 2 and said:

    "Take these and save yourself." See exhibit 6, oral statement 1, p. 1. These two instruments together constitutes the title-deed to

    our vast estate (our birthright). This was a manual delivery of the deed to the Moors. By the trustor saying, "take these and save

    yourself," he thereby passed the title to the them. Being he had created an express trust, the legal title was passed to the trustee

    and the beneficial interest was passed to the beneficiaries