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DIGEST (OF POINTS AND
AUTHORITIES) ESTABLISHING THE EXISTENCE OF THE EXPRESS TRUST CREATED BY THE
TRUSTOR NOBLE DREW ALI IN 1928
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INTRODUCTION:
This is a synopsis of the elements
and how the Trustor, Prophet Noble Drew Ali, duly created an express trust for
the
Moorish Americans in 1928 in Cook County, Illinois.
Importantly, under Illinois'
law:
"No particular form of words is necessary to create trust, when writings makes clear the existence of trust."
In re Estate of Zukerman, 161
111. Dec. 121, 578 N.E. 2d 248, 218. 111. App. 3d 325, appeal denied 164 Ill.
Dec. 929, 548 N.E. 2d 141, 142 Ill. 2d 654. Moreover,
"the nature of any trust is to be determined by terms
of instrument creating it, and by that
instrument alone." Zimmerman v. Kennedy, 90 N.E2d 756,
405 Ill. 306.
This brief work also shows that the express trust's existence was duly
established during a bench trial
December 17, 1998 in the
Circuit Court of Prince George's County, Maryland (Case No. CAL 9701899).
The exhibits mentioned herein
were presented into evidence at that trial.
Although the said trust was created in 1928, the enjoyment of the beneficiaries
(the Moors) was
vested in the future; that future ~s now which
is why Frank Lewis El Bey, trustee has duly petitioned
the court, in the case mentioned above and
in a subsequent federal action (May 10, 2000) in the
United States District Court
for the District of Columbia, Washington, DC
(Case No. 00 1050), to enforce the trust.
The trustor said many things to reveal
the fact that he had indeed created an express trust in 1928;
and, accordingly, he said many things
describing the time in the future when that trust would be performed,
executed or fulfilled. Some of the things he
specifically said related thereto are:
"It will take 50 years to find out what I brought you ...... See exhibit 6, oral statement 67
"I have done more than you think...." See exhibit 6, oral statement 208
"I brought you your nationality, your religion, and the title to your vast
estate...." See
exhibit 6, oral statement 120
"Children, you are plain rich." See
exhibit 6, oral statement 22
"One day, the United States will not be able to do any business, unless
they do it through the Asiatic." See exhibit 6,
oral statement 131
"Children, when you get to the top, treat him nice." See exhibit 6, oral statement 86
"I am going to make the European enforce my law." See exhibit 6, oral statement 195
"The third and fourth generation will see the good of my work." See exhibit 6, oral statement 95
"In the year 2,000, the Moors will come into their own." See exhibit 6, oral statement 15
"The Moors once ruled the world, now get ready to rule it again. But this
time its going to be done under Love, Truth, Peace,
Freedom and Justice. See exhibit 6,
oral statement 230
Exhibit 6 is a booklet of
the oral statements and prophesies of the trustor, Noble Drew Ali, that was compiled by R. Love El, "National Grand
Sheik of the Moorish Science Temple of America." This booklet was
presented into evidence by Frank Lewis El Bey December 17, 1998 in the Circuit
Court for Prince George's County, Maryland, during a bench trial (Case No. CAL
97 01899), to help establish the express trust creation, existence and
performance discussed herein.
Repetition has been used herein to emphasize those things the reader should
give prolonged attention.
Requisites of An
Express Trust:
"Regardless of the type of transaction which creates the trust, it is
fundamental to t * he law of trusts that certain requirements must exist before
an express trust will be recognized. Basically, these elements include a
competent settler and a trustee, an ascertainable trust res
and sufficiently certain beneficiaries. Stilted formalities are unnecessary,
but nevertheless each of the above named elements is required to be
established, and, if any one of them is missing, it ~s fatal to the
trust." Williams v. Anderson, 288 Ill
App 149, 5 NE 2d 593. Furthermore, there must be a present and complete
disposition of the trust property, notwithstanding that the enjoyment in the
beneficiary will take place in the future. It is essential,
too, that the purpose be an active one to prevent the trust from being executed
into a legal estate or interest, and one that is not in contravention of some
prohibition of statute or rule of public policy.
There must also be some power of administration other than a mere duty to
perform a contract although the contract is for a third party beneficiary. A
declaration of terms is essential, and these must be stated with reasonable
certainty in order that the trustee may administer, and that the court, if
called upon so to do, may enforce, the trust." 76 Am Jur.
2d, sec. 31, p 278,279.
Language Necessary To Create An Express Trust:
"Any words may be used so long as they contain a complete statement of the
essential terms, namely, a description of the property which is the subject
matter, the trustee, the beneficiary and the trust purpose ... It is unnecessary
that the words trust, trustee or beneficiary or any technical legal words be
used... The all important requirement is that the words used shall show an intent to make someone the holder of certain property for
the benefit of another." Modern American Law, Vol. VII, Chapter III (The
Creation Of Express Trusts), page 244.
Moreover, "while the intention to create a trust may be, and usually is,
manifested by employment by the trustor of express and 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 .... The fact that intention to
create a trust may be inferred rather than expressed does not dispense with the
necessity to the existence of a trust of other essential and requisites
thereof." 76 Am Jur 2d, sec. 55, pp. 302,303.
All The Requirements mentioned above
To Create An Express Trust Are Clearly Present Herein
"Since the various requirements embodied within statutes of fraud relative
to the creation of trusts are not usually construed as to require execution of
a formal deed of trust, the generally recognized rule is that a trust can be
created, established, or proved by any writing or writings irrespective of
form. Kingbury v. Burnside, 58 Ill 310; also see, 76
Am Jur 2d, sec. 46, p. 293.
The trustor Noble Drew Ali
founded the Moorish Science Temple of America, Inc. in Cook County, Illinois
to, among other things,
be the organizational apparatus to
administer (that is, manage) the express trust for Moorish Americans.
Accordingly, the instruments
and writings used to create the express
trust are instruments and writings of the Moorish Science Temple of America,
Inc. namely,
Our Authority, exhibit 1; and
The Moorish Holy Koran Of the Moorish Science Temple of America,
exhibit 2 presented into evidence
in the case mentioned above. All the
elements establishing the trust validity are clearly set forth herein below:
- Who is the trustor? Noble Drew
Ali
a.
Who is the trustee? Frank Lewis El Bey
b.
When was the express trust created? 1928
c.
Where was the trust created?
Cook
County,
Illinois
- Who are the beneficiaries?
Moorish Americans, members the Moorish Science Temple of America, Inc.
- What is the trust residence and
where is it located? The land that comprise North East and
South
West Africa
across
the great Atlantis, the present North, South and Central America and also
Mexico and the
Atlantis
Islands.
See
exhibit 2, the deed of conveyance, page 57 60, submitted into evidence December
17, 1998 (therein the trustor's
estate
and transferable interest are clearly illustrated).
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The Terms Of The Trust.
"If the terms of a trust are collected from several papers, it is not
necessary that all of them be signed, but it is sufficient if
they
are so referred to and connected with the paper that is signed that they may
identified and read as genuine papers and
part
of the transaction. Wynekoop v wynekoop,
95 N.E. 2d 457, 407 Ill. 219 (1951).
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Term: Orig., a point of time
designating the beginning or end of a period 2 a set date, as for payment,
termination of
tenancy,
etc. 3 a set period of time; duration, etc.
-
The trustor said,
I come for the young and unborn." See Exhibit 6, oral statement 217, pp.
21 22, submitted into evidence
December
17, 1998 . He also said, "It will take 50 years
to find out what I brought you." See Exhibit 6, oral statement 67,
p. 71
submitted into evidence December 17, 1998. Those statements by the trustor
infer the said trust was created to benefit
and
be enjoyed by the members in the future rather than at that time. He designated
the time in the future or terms when he said:
"It
will be the third and fourth generations that see the good of my works."
See Exhibit 6 oral statement 95, p. 9, submitted into
evidence
December 17, 1998.
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