Posted 06 February 2013 - 08:52 PM
I apologize if I was not clear.....I wrote this when I was very tired ... excuse me for any misconstruments..
I am not looking to "sue" for damages, that would be an "at-law" action... I am looking for specific performance regarding a breach of a private trust by the trustees or should I say, a non-peromance by a trustee which the court of equity would compel the performance. but due to its private nature, I would have to invoke a special chancellor under a private protection order...
my trust is private and no detailed information can be released in the public or I would be causing a breach myself.
just as Henry Gibson stated sec. 925 - Trusts Generally Considered.
A trust, in the most enlarged sense in which that term is used in our jurisprudence, is a beneficial interest in property, real or personal, distinct from the legal possession and ownership thereof. In trusts, the legal title and possession of the property are in one person, called a trustee;
the equitable title and beneficial use of the property are in another person, called a cestui que trust, or beneficiary.
The trustee holds the direct and absolute dominion over the trust property, in the view of Courts at law; while, 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.
In the sight of a Court of law, the beneficiary has no interest in the trust property;
while in the sight of a Court of Equity, the beneficiary has all the enjoyable interest.
the trustee holds the legal title and the possession of the trust property, but all the benefits arising from the property, its income or profits, belong wholly, or in part, to the beneficiary.
I wish to file a "suit in equity" but there has to be a special process to invoke equity jurisdiction in the federal courts. Some states refer to it as a "special term" or "special hearing or process".. I am uncertain of the federal courts and their special procedures to invoke equity's exclusive and inherent jurisdiction.
The rule which limits courts of equity to cases where there is no adequate remedy at law, does not, speaking generally, apply to trusts, as there equity has a natural and primary office, superadded to any legal rights. McCampbell v. Brown, 48 Fed., 795;
The court rules of law and equity, were not merged but rather segregated within one civil action, which only the distinction was abolished.
The Judicature Act pertains to the Enlarged Jurisdiction of at-law and equity but inherent equity jurisdiction is above and beyond this Act since there are two sets of rules:
1) the rules of court;
2) the principles and doctrines of equity as the rules pertain to the equity maxims;
"In the English Judicature Act, passed in 1873, it is provided that '' generally, in all matters in which there is any conflict or variance, between the rules of Equity and the rules of the common law with reference to the same matter, the rules of Equity shall prevail."
DOUGLAS ET AL.
CITY OF JEANNETTE ET AL.
Supreme Court of United States.
Argued March 10, 11, 1943.
Decided May 3, 1943.
CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT.
Notwithstanding the authority of the district court, as a federal court, to hear and dispose of the case, petitioners are entitled to the relief prayed only if they establish a cause of action in equity.
199 F.2d 694: Kerrigan's Estate v. Joseph E. Seagram & Sons, Inc. et al (1952)
We are accustomed to the application of the rule that pleadings may be treated as amended to conform to proof. F.R.C.P. Rule 15. 3 Moore's Federal Practice 846. Analogous situations include treating an action erroneously brought at law as transferred to equity (3 Moore's Federal Practice 822),
I mentioned Roberts since the equity books that I have read stated that you most go to the chief justice.... whether federal or state. In turn, he appoints a special chancellor to make a determination review of a party's trust... if all the elements are presents then there is a trust, from what I understand...
I am simply looking for the proper process to invoke equity's jurisdiction in a federal court.
your comments would be deeply appreciated....