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Trustee Handbook 1-0001

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__________
A GUIDE TO THE ADMINISTRATION
OF AN EXPRESS TRUST UNDER THE
COMMON LAW,
FUNCTIONING UNDER THE
GENERAL LAW-MERCHANT
BY
CARLTON ALBERT WEISS
NACRS Edition
Jan. 2006
WEISS’S
CONCISE TRUSTEE
HANDBOOK

WEISS’S CONCISE TRUSTEE HANDBOOK
A Guide to the Administration of an
Express Trust under the
Common Law,
Functioning under the
General Law-Merchant
By Carlton A. Weiss
NACRS Edition
January 2006
*With updates, revisions, additions,
and added sample forms
Copyright © 2005-6 by NACRS
All Rights Reserved.
For private educational use onl y. This book is published with the understanding that the author
and publisher, jointly and severally, are not e ngaged in rendering legal, accounting, or other
professional advice. All decisions  made based on the material in this book are ultimately done
at the discretion of the read er. Author and publisher, join tly and severally, assume no liability
whatever.
Questions and Comments contact:
Negotiations Analysis
& Contractual Relations Specialists
(NACRS)
On the Worldwide Web:
http://www.nacrs.org
By E-mail:
contactus@nacrs.org
By Telephone:
702.357.8830

CONTENTS
INTRODUCTION
THIS HANDBOOK is about the administration of Express Trusts created under the
original American common law and functi oning under the General Law-Merchant, i.e.,
the unique system of commerce in  the American states, as it stands in twenty-first
century America.
The material presented herein has been r educed from various sources which the
reader is encouraged to examine for his own knowledge and further understanding. The
material herein has been rendered into a concise handbook format, intended to allow
the reader to refer to each section fo r guidance on decisions regarding the most
pertinent aspects of the adm inistration of an Express Trust. So, only secondary
attention has been given to all other matters.
All in all, the author’s objective by th is handbook is to devise a simple guide, with
clearly outlined methods and sample forms, for the effective handling of affairs of
Express Trusts, while also showing the m any options for growth and prosperity, and
profound protections afforded by Expre ss Trusts (when created and administered
properly). This book is wri tten in a somewhat unconvent ional manner in order to
accommodate this objective.
If the reader should find, afte r examining the sources, t hat this work has failed in
its objective, then let it be attributed to a fault of t he author, not to any supposed
faultiness of the sources or the Express Trust itself, for it will be admitted by all honest
and learned1 lawyers (as it once was when “lawyers” we re, by definition, “[any] person
learned in the law” 2) that the Express Trust, especia lly one created with proper care to
its trust instrument, is a far superior met hod of carrying out any voluntary contractual
organization between individuals sui juris.
WEISS’S CONCISE TRUSTEE HANDBOOK
1
SAMPLE FORMSEXPRESS TRUST vs. CORPORATION Page 16
CONCLUSION Page 40AUTHORIZED REPRESENTATIVES Page 15
MAINTAINING PROPER I.R.S. RELATIONS Page 38PRIVILEGES & LIABILITIES OF THE TRUSTEE Page 12
PREVAILING IN LEGAL AFFAIRS Page 31POWERS & DUTIES OF THE TRUSTEE Page 10
KEEPING MINUTES Page 31TRUSTEE BASICS Page 9
ISSUING CERTIFICATES & BONDS Page 29THE CERTIFICATES Page 7
TRANSFERRING TRUST ASSETS Page 27THE TRUST CORPUS Page 5
OPENING A BANK ACCOUNT Page 25DECLARATION OF THE EXPRESS TRUST Page 4
LIMITING THE LIABILITY OF THE TRUSTEE Page 24EXPRESS TRUSTS UNDER THE COMMON LAW Page 2
DOING BUSINESS Page 23TRUST BASICS Page 2
UNDERSTANDING COMMERCE Page 20INTRODUCTION Page 1
2 Black’s Law Dictionary, p. 695 (1st ed. 1891).
1 It was the strongly held belief of U.S. Supreme Court Chief Justice Warren E. Burger that seventy-five to ninety
percent of all trial lawyers are either incompetent, dishonest, or both. See 102 Reports of the American Bar
Association, 205-206 (1978).

TRUST BASICS
FIRST, it must be understood that  any trust, regardless of  the many designations
applied to them, is, in its most  basic sense, “a property in terest held by one person (the
trustee) at the request of another (the settlor) for the benefit of a third party (the
beneficiary).”3 The classification applied to a trust is based upon its mode of creation, in
which it may be created either by act of a party (express or implied), or by act of the law
(resulting or constructive).
Without getting into the various
subclasses of express and implied
trusts, the basic difference between one
created by express act of a party and
one created by implied act of a party is
that the former is stated fully in
language (oral or written), while the
latter is inferred from the conduct of the
parties. These are very generalized
definitions so presented for want of
space, since there ar e many intricacies
concerning the true meaning of the term
implied. (It has been shown that, in a
sense, the classification of “express”
trust can only be applied based on what is “i mplied” by the language of the instrument
giving rise to the trust.)
4 So, we won’t get into that. Ou r focus is on a particular written
express trust type, and even t hough the above definition is ess entially accurate, it does
little to define the Express Trust as it is k nown in its fullest sense under the protections
of the common law.
EXPRESS TRUSTS UNDER THE
COMMON LAW
THE MOST adequate definition of the Express Tr ust is to be understood from the
earlier case law which has been eloquently  summed up and restated into a clear,
concise definition by Alfred D. Chandler, Esq.5 in the first of his two papers submitted as
a report to the Tax Commissioners of Massa chusetts on “voluntary associations” 6 as
WEISS’S CONCISE TRUSTEE HANDBOOK
2
BY ACT OF A PARTY
BY ACT OF THE LAW
 EXPRESS
 IMPLIED
 RESULTING
 CONSTRUCTIVE  
oral
written
Creating a Trust
6 Mr. Chandler lucidly brought to the attention of the Massachusetts Tax Commission the misapplication of the term
5 Express Trusts Under the Common Law: A Superior and Di stinct Mode of Administration, Distinguished from
Partnerships, Contrasted with Corporations (1912).
4 See George P. Costigan, Jr., Classification of Trusts, 27 Harv. L. Rev. 437, 438-439 (1914).
3 Black’s Law Dictionary, p. 1513 (7 th ed. 1999). An even more basic definiti on is provided therei n as “[t]he right,
enforceable solely in equity, to the beneficial enjoyment of propert y to which another person holds the legal title[.]”
There are many more sub-definitions, as well as expansions upon the nature of a trust relationship, being a fiduciary
one, but we won’t get into them for want of space.

part of a legislative investigation into their economic effect on the state in 1911. At page
6, he offers the following definition:
Express Trusts . . . put the legal esta te entirely in one or more [persons],
while others have a beneficial interes t in and out of same, but are neither
partners nor agents. This simple, adequate, common-law right, any person or
group of persons sui juris  may exercise , the Trustees issuing certificates of
beneficial [and capital] interest divided into shares, as well as issuing bonds and
other obligations, as freely as they  open a bank account, have a pass book, and
draw and circulate checks, or make whatever contractual relations are allowed
to persons as a natural right . [Italics emphasis supplied in original; bold
emphasis and bracket information added.]
What becomes clear from this  definition is that the Expr ess Trust is not merely a
property interest held by one fo r the benefit of another, but rat her a private contract for
the holding of a divisible property interest  accepted by one at the offer of another,
having full power to do whatever he may nat urally do for himself as an individual sui
juris,7 for the benefit of a third party of hi s choosing. What has been created here is a
trust organization, purely sui juris. “As a general proposition, it may be asserted that one
who creates a trust may mold it into what ever form he pleases, and that whatever one
may lawfully do himself he may authorize another to do for him[,]”8 without receiving any
benefit, privilege or franchise from any  government or ot her outside-party; 9 and,
therefore they owe no duty to any government or other outsi de-party to the extent that
no common-law criminal or civil wrong is the purpose of the contract.10 If this is so,
then the trust is afforded a ll the common-law protections ordinarily given to private
contracts, particularly the obligation of them. 11 Now, the question is  whether the parties
WEISS’S CONCISE TRUSTEE HANDBOOK
3
11In Berry v. McCourt , 204 N.E.2d 235, 240 (1965) the court held that the Express Trust is a “contractual
relationship based on trust form”; and in Smith v. Morse , 2 Cal. 524, it was held that any law or procedure in its
operation denying or obstructing contract rights impairs th e contractual obligation and is, therefore, violative of
Article I, Section 10 of the Constitution. Because the Express Trust is created by the exer cise of the natural right to
contract, which cannot be ab ridged, the agreement, when executed, b ecomes protected under federally enforceable
right of contract law and not under laws passed by any of the several state legislatures.
In Eliot v. Freeman, 220 U.S. 178 (1911), the court made it clear that the Express Trust is not subject to legislative
10Lawson on Contracts § 294, p. 381 (3d ed. 1923).
9 See Hale v. Henkel, 201 U.S. 43, 74 (1906).
8 Harwood v. Tracy , 118 Mo. 631, 24 S.W. 214, 216; also see  Shaw v. Paine , 12 Mass. 293; “The person who
creates a trust may mould it into whatever form he pleases.” Perry on Trusts, I, §§ 67, 287 (4 th Amer. ed.); Underhill
on Trusts, p. 57 (Amer. ed.).
7 See Pres. Woodrow Wilson’s address before the American Bar Association, at Chattanooga, Tenn. (Aug. 31,
1910), entitled The Lawyer and the Community. He says that “Liberty is always personal, never aggregate; always a
thing inhering in indivi duals taken singly, never in groups or corpor ations or communities. The individual unit of
society is the individual.” It has long been held that trustees of Expre ss Trusts have greater latitude than ordinary
trustees, simply because such trusts, created by individuals sui juris, may do whatever individuals sui juris may do.
voluntary association to the Express Trust. It is well-settled that “[t]he term ‘association’ for income tax purposes
taxable as a ‘corporation’ embraces ‘business trusts’, a nd what Congress did not intend to embrace within the term
‘association’ was a pure [express] ‘trust ’, that is a trust of traditional patte rn where property is conveyed by will,
deed, or declaration to a trustee[.]” Pennsylvania Co. for Insurance on Lives and Granting Annuities v. U.S. , 138
F.2d 869 (C.C.A.3 (Pa.) 1943). In Crocker v. Malley, 249 U.S. 223, 63 L.Ed. 573 (1919) the court made it clear that
a pure Express Trust, active and functioning as such, has standing in law as a trust, not an association.

to the contract are truly acting sui juris, i.e., of their pure,  unadulterated common-law
rights, because if the parties have prior contractual obligat ions which grant an outside
party a vested interest in a ll their personal relations, then the contract has acquired a
third-party overseer/intervenor.12
DECLARATION OF THE EXPRESS
TRUST13 
THE DECLARATION OF TRUST is the trust instrument that  constitutes the trust. It has
been noted in trust law that no technical expressions ar e required to create a valid
declaration, so long as the words used make cl ear the settlor’s intent to create the trust
or confer a benefit of some sort that w ould be best carried out by means of a trust. 14 A
trust instrument doesn’t necessarily need to be a declaration either, for a trust may be,
and often is, formed out of a simple agreement or even a will. 15 But with an Express
Trust, the declaration has been preferred si nce the beginnings of trusts under the
common law of England. This is where careful attention to detail is most crucial,
because in order to properly c onstrue the intent of the settl or, the objects, property, and
manner in which all is to be carried out, the terms and provisions must be set forth in
unambiguous, precise language so as to parti cularly create the Express Trust; and
where the intent of the settlor is unclear, under equity , interpretation is required to
construe the intent of the parties, and the trust may, depending on the degree of
ambiguity, be deemed invalid.16 However, when all is done properly, obviously there can
be no lawful impairment of the obligations of contract created thereby.17
Moreover, the declaration, by its terms and provisions, serves to establish the
entire contractual arrangement, including the identities and posit ions of the parties, the
trust’s name, jurisdiction and situ s, and all particulars of admin istration, all of which the
courts of equity will fully support by the principle that equity compels performance.18 The
WEISS’S CONCISE TRUSTEE HANDBOOK
4
18See Clews v. Jamieson, 182 U.S. 461, 21 S.Ct. 845, 45 L.Ed. 1183 (1901).
17See the Constitution for the United States of America, art. I, § 10 (1789): “No State shall . . . pass any  . . . Law
impairing the Obligation of Contracts[.]”
16Id. at p. 11.
15Underhill on Trusts, art. 5, p. 19 (Lond. ed. 1878). 
14See Underhill, supra at art. 3, p. 10; also see Chicago M. & St. PR. Co. v. Des Moines Union R. Co. , 254 U.S.
196, 65 L.Ed. 219 (1920).
13This is sometimes referred to as the trust indenture  for the purpose of denoting that it outlines the terms and
conditions governing the conduct of the trus tee (referred to in this sense as an indenture trustee) as an indentured
servant to the beneficiary under contractual arrangement.
12See Lee Brobst et al., U.S.A. The Republic, Is The House That No One Lives In , available at
<http://www.usa-the-republic.com/Lee%20Brobst/USA%20The%20Republic.htm> (last visited Aug. 6, 2005).
control. It went further to acknowledge the right-wise stance of the United States Supreme Court that the trust
relationship comes under the realm of equity, based upon the common-law right of contract, and is not subject to
legislative restrictions as are corporations and other orga nizations created by legisla tive authority. To clarify the
equity and common-law distinctions, the basis for Express Trusts under the common law in this instance, is not that
such organizations are creatures of common law, as dis tinguished from equity, but that they are created under the
common law of contracts and do not depend upon any statute.

ultimate result is the creation of a bona fide legal entity,19 having a separate and distinct
juridical personality, 20 standing to sue and be sued 21 and to function as a natural
(contrasted with artificial) person in commerce by and through its trust officers. The term
natural person has been applied to Express Trusts by  courts of equity because of its
mode of creation and admin istration, being by wa y of the exercise of  natural rights and
not franchises (i.e., civil rights). 22 However, this implied right of contract of the trust is
alienable, whereas its creators’ right of contract is unalienable. 23 But it nevertheless
possesses inter alia the right to all enjoyments stemming from the contracts into which it
enters, as well as all the obligations imposed under such contracts. Needless to say, the
Express Trust possesses the ability to own property, engage in business transactions,
and to incur liabilities (including tax liabilities depending on the activity which renders it
liable to pay the tax, which I will get into in a later section).
THE TRUST CORPUS
THE BODY of the trust is the pr operty being held in trust fo r the beneficiary(s), the
very subject-matter of the declaration.  It should be noted that virtually any thing24 may
be held in trust, however, ther e are certain things which,  given their innate traits
recognized in Law, make for better subject-matter, so to speak.
Initially, the legal minds who perfected t he Express Trust in America did so to
accommodate for the great obsta cles in procuring special charters for corporations
intended to deal in real estate, which trus ts eventually came to be known as the
“Massachusetts Land Trusts”. It was when t hose individuals came to realize the
immense benefits of employing the trusts for the purpose of  holding land, that they
WEISS’S CONCISE TRUSTEE HANDBOOK
5
24The “thing” held in trust is referred to as the trust res, the subject-matter of the trust.
23Man’s right of contract is considered so fundamental that even under Roman law, in its system of domestic
slavery, all men, citizen or not, retained this fundamental right ius gentium. It is understood to derive from a man’s
Creator, and therefore is unalienable without his consent/waiver (i.e., a man’s right of contract can only be
contracted away). The trust’s implied right of contract is alienable, i.e., transferable to another person, by the trustee
or a court of equity in the event that the trustee should choose, or by such court should equitable jurisdiction arise.
22The trustee(s) of an Express Trust are prot ected under the Constitution as “citizens” throughout  the continental
United States. The trustee(s) under a will or declaration of  an Express Trust are natural persons, “citizens” within
the meaning of Article IV, Section 2 of the Constitution,  and are therefore entitled to all the “privileges and
immunities” of same. Paul v. Virginia , 75 U.S. 168 (1868). Even though, in today’s economic situation, the term
“citizen” is presumed to signify the 14 th Amendment citizen, the term cannot be applied to the Express Trust which
is specifically created under the original common law. The trust is a natural person because of how and by whom it
was created. And even under common law, the officers having natural rights, acting for a corporation can only do
what they are permitted to do by the st ate in which they seek to act, because  they are not such “citizens” entitled to
those “privileges and immunities,” and hence the foreign corporation statutes of the several states. Corporations, as
artificial persons, are “citizens of the United St ates,” within the meaning of the 14
th Amendment, which should give
the reader an idea of th e meaning of the term person as primarily used today. See Santa Clara County v. Southern
Pacific R. Co., 118 U.S. 394, 396 (1886).
21See Waterman v. MacKenzie, 138 U.S. 252 (1891).
20 See Brigham vs. U.S. , 38 F.Supp. 625 (D.C.Mass. 1941), appeal dismissed 122 F.2d 792 (reported in Title 26
I.R.C. 31, p. 356).
19See Burnett v. Smith, S.W. 1007 (1922); and Muir v. C.I.R., 182 F.2d 819 (C.A.4 1950).

eventually expanded their utility to include the holding of personal property, which trusts
eventually came to be known as the “Massa chusetts Electric Companies,” and their
perfection attributed to one time Attorney General and later United States Secretary of
State Richard Olney; 25 but the fact that the Express Trusts we re initially, primarily
utilized for purposes of holding and handling real estate is very  significant, especially to
our present situation.
The significance derives, in pertinent part, from the integral relationship between
the law and the land. It is a fundamental principle of law that the land and the law go
hand in hand; and, in Am erica, without the 14 th Amendment, the Law of the Land is the
Constitution with its common-law principle s—and its substance of gold and silver. 26
Without getting too deep into the operation of common law, it is this principle regarding
the relationship of land and law that, by its operation, threw up an obstacle to corporate
real estate ownership, for in order to char ter a statutory (civil la w) entity to handle the
substance of the common law (l and), special, if not extraor dinary, legal circumstances
must exist, which, prior to the re moval of the fix ed gold standard in 1933, 27 i.e., the
removal of the substance of  the law, were nonexistent. 28 A statutory ent ity is inherently
accountable to courts of civil (legislative) jurisdiction, deriving subject-matter jurisdiction
from the corporate charter. Whereas, an Express Trust is obviously inherently
accountable to courts of equity, 29 deriving subject-matter juri sdiction from the trust
instrument.
This brings us to today. In  the jurisdiction of the 14 th Amendment United States
public trust, what is the substance of the common law is merely a commodity. But, back
in the Republic the subs tance still remains the st aple for payment of debts 30 (though in
considerably lesser quantity and without a fi xed standard upon which to be traded). The
Express Trust under the common la w, holding real estate, silver  or gold, is holding the
very substance of the law under which it was created, t hus ensuring that bond between
law and land, and the powers and guarantees that come with it.31
WEISS’S CONCISE TRUSTEE HANDBOOK
6
31See Constitution for the United States of America, amend. VII (1791).
30See Constitution for the United States of America, art. I, § 10 (1789).
29It should be noted that though the Express Trust is created under common law, it is not a creature of the common
law as distinguished from equity, but rather, it is cr eated under common law of contracts and not dependent upon
any statutes; Equity supplements the common law. See Schumann-Heink v. Folsum,328 Ill. 321. 
28See Lee Brobst et al., The Law, The Money and Your Choice  (2003), available at
<http://www.usa-the-republic.com/Lee%20Brobst/The%20Law.html> (last visited Sept. 29, 2005).
27See House Joint Resolution 192 of June 5, 1933; Pub. L. 73-10. Prior to that, silver had already been
de-monitized, in practice but not in fact, by the Coinage Act of 1873 (commonly referred to as the “crime of ‘73,”
which, it is blatantly obvious, would have  been unconstitutional if done in-fact. It is said to have been a tactic of
congress to place in the public mind the pe rception of the currency as being sole ly backed by gold, presumably for
the purpose of the eventual passing of H.J. Res. 192, whic h congress knew would effect a removal of the substance
of law). Silver was later withdrawn from circulation in certain coins by the Coinage Act of 1964, and was removed
entirely by amendment to the Coinage Act of 1964 by the Bank Holding Company Act of 1970. Then, all
silver-backed certificates were discontinued in 1972.
26Referred to in this sense, it is regarded in law as portable land. The basic principle of law is that the land includes
everything extracted from it.
25See John H. Sears, Declarations of Trust as Effective Substitutions for Incorporation, § 1, p. 4 (1911).

THE CERTIFICATES
WHAT MAY come as a surprise is that any trust may divide its trust property into
shares and issue certificates. 32 The power to issue cert ificates and bonds, and employ
the use of a seal 33 never has been restrict ed to corporations.34 It is well-settled law that
whatever else most corporations possess beyond their artificial entity and right of suit in
the corporate name is a me re incident or consequence of  incorporation, and not a
“primary constituent”. 35 This may include the power of  issuing transferable shares,
limiting liability of its offi cers, using a seal, making by -laws, purchasing lands and
chattels—all of which are merely the re cognition and adoption of natural common-law
rights any person sui juris may exercise without permissi on (much less a charter) from
the state. The court in Warner v. Beers36 clarified this principle most effectively:
There are several very useful and beneficial accessary [also spelled accessory]
powers or attributes, very often accompa nying corporate privileges, especially in
moneyed corporations, which, in the exis ting state of our law, as modified by
statutes, are more prominent in the public eye, and perhaps sometimes in the view
of our courts and legislatures,[ 37] than those which are essential to the being of a
corporation. Such added powers, however valuable, are merely accessary .
They do not in themselves alon e confirm a corporate character, and may be
enjoyed by unincorporated individuals . Such a power is the transferability of
shares. . . . Such, too, is the limited responsibility [liability]. . . . So, too, the
convenience of holding real estate fo r the common purposes, exempt from the
legal inconvenience of joint tenancy or tenancy in common . Again: There is the
continuance of the joint property for the benefit and preservation of the
common fund, indissoluble by death or legal disability  of any partner. Every one
of these attributes or powers, though  commonly falling within our notions of
a moneyed corporation, is quite unessential to the legality of a corporation,
may be found where there is no preten se of a body corporate; nor will they
make one if all were combined, without the presence of the essential quality of
legal individuality[.] [Italics and bold emphasis, and bracket information added.]
The trustee of an Express Trust is empowered by the terms and provisions of the
trust instrument to issue certific ates not only of beneficial interest, 38 but also of capital
WEISS’S CONCISE TRUSTEE HANDBOOK
7
38Also referred to as trust certificates or certificates of trust units.
37I will show you in the conclusion why this is the state of affairs today, as it was back then, and why the principles
interpreted by the court in this case apply now more than ever.
3623 Wend. 103, 145-146 et seq.
35See Wald’s Pollock on Contracts, pp. 126, 296.
34See Thompson-Business Trusts § 23; Sears Trust Estate § 105 (2d ed.); and Phillips v. Blatchford, 137 Mass. 510.
33As a side-note, the right of an individual using a seal has never been challenged, based upon the universal
understanding that it is used as a matter of right. Once the trustee has adopted the seal and has used it, it is
automatically presumed that the use is lawful, until proven otherwise. See Johnson v. Crawley , 25 Ga. 316, 71
Am.Dec. 173; and Mullanphy v. Schott, 135 Ill. 655, 26 N.E. 640.
32See Hart v. Seymoure, 147 Ill. 598, 35 N.E. 246; and Venner v. Chicago City Ry. Co., 258 Ill. 523, 101 N.E. 949.

interest.39 Generally speaking, beneficial intere st is that which is held by the
beneficiary(s) of the trust, who is entitled to  a certain proportional share of the trust
profits during the life or at the termination of the trust; wh ile capital interest is that which
is held by the exchanger(s) who has invest ed property into the trust, and thus becomes
entitled to a certain proportional share of any profits and assets remaining at the
termination of the trust.
As a rule, the terms and provisions of t he trust instrument control the manner in
which beneficial and capital interest are to  be administered, and determine the rights of
interest-holders, who, incidental to their acceptance of the interest, are bound under the
trust instrument as such. 40 But there are certain principl es which govern these interests
in construing the fundamental cl assification of the trust. For instance, it is held that
where the certificate-holders have control over the trust property and/or administration
of the trust’s affairs, the trust arrangem ent is deemed a partnership, in which the
shareholders become liable for the acts of the trust. 41 The basic principle is that if it is
free from the control of its interest -holders, then it is  an Express Trust. 42 This is
commonly referred to by courts of equity as the “Control Test,” 43 in which, control must
ultimately rest with the trustee(s) of the trust in order for it to be properly classified as an
Express Trust. The well-settled principle applied by courts of equity is that interest-
holders, by full legal title and control over  the trust property being vested absolutely in
the trustee(s), cannot be considered partners nor agents,44 and therefore cannot be held
liable for the debts of the trust in the manner so done with partnerships and agencies.45
Furthermore, the certificates have no determinable fair market value, and,
therefore, no gain or loss is recognized until the cost or other basis of the property
disposed of has been recovered.46 In Commissioner of Internal Revenue v. Marshman,47
the court held that fair market value is determined by property received by the taxpayer,
WEISS’S CONCISE TRUSTEE HANDBOOK
8
47279 F.2d 27 (C.A.6 1960).
46See Master Tax Guide, para. 910. In regard to Capital Certificates, the courts have long upheld the doctrine of
exchange, in that certificates in exchange are not taxable until a realized gain has occurred. See Burnet v. Logan ,
283 U.S. 404 (1931); and Trenton Cotton Oil Co. v. Commissioner, 147 F.2d 33 (C.C.A.6 1945).
45See In re Conover, 295 Ill.App. 443; and Greco v. Hubbard, 242 Mass. 37.
44See Mavo v. Moritz, 151 Mass. 481, 484, 24 N.E. 1083 (1890); Mason v. Pomeroy, 151 Mass. 164, 7 L.R.A. 771;
Johnson v. Lewis , 6 Fed. 27, 28 (C.C.Ark. 1881); Taylor v. Mayo , 110 U.S. 330, 334-335, 28 L.Ed. 163, 165
(1884); Lackett v. Rumbaugh , 45 Fed. 23, 29 (C.C.N.C. 1891); and Smith v. Anderson , L.R. 15, Ch. D, 247,
275-276, 284-285.
43 See Bank of America Nat. Trust & Savings Ass’n v. Scully , 92 F.2d 97 (C.C.A.10 (Colo.) 1937); Rand v. Morse,
Id.; Goldwater v. Oltman , 210 Cal. 408; Schumann-Heink v. Folsom , Id.; First National Bank v. Charter , Id.;
Commercial Casualty Ins. Co. v. Pearce, 320 Ill.App. 221; Rosemaond v. March, 287 Mich. 580 (Rehearing denied,
287 Mich. 270); Nelville v. Clifford , Id.; Carling v. Buddy , 318 Mo. 784 ( In re Winter , 133 N.J.Eq., 245); and
Rhode Island Trust Co. v. Copeland, 39 R.I. 193.
42Id.
41 See Rand v. Morse, 289 Fed. 339 (C.C.A.8 (Mo.) 1923); Goldwater v. Oltman, 210 Cal. 408; Schumann-Heink v.
Folsom, supra; First National bank v. Charter, 305 Mass. 316; and Neville v. Clifford, 242 Mass. 124. For examples
of what will constitute a co-partnership see Taft v. Ward, 106 Mass. 518; and Phillips v. Blatchford, supra.
40See Hardee v. Adams Oil Assn. , 254 S.W. 602 (1923); Todd v. Ford, 92 Colo. 392; and Weimer & Co. v. Downs,
Inc., 77 Colo. 377.
39Also referred to as capital certificates or certificates of capital units.

not the fair market value of  the property transferred by t he taxpayer unto the trust.
What’s more is that certif icates are considered not nece ssarily as chattels, but as
documentary evidence of owner ship and intangible rights; 48 and, in and of themselves,
they are the personal property of the holder, 49 not the actual intere st or share itself. 50
This is contrasted with the certificate of stock, which courts have held may be dealt with
in the market as a “commercial document of  value”; but the courts also hold, almost
unanimously, that the presence of  a certificate of stock within the jurisdiction gives no
power to take the rights ev idenced by the certificate. 51 Unlike stock, however, the
interest in an Express Trust, cannot be traded without the prio r approval of the
trustee(s) of the trust.
TRUSTEE BASICS
FIRST AND FOREMOST, any person (man, sovereign, tr ust, corporation, etc.) capable
of taking legal title to property can be a trustee. 52 And there is no lim it to the number of
trustees who may serve on any one trust. G enerally, where there are more than one
trustee, the trustees, with respect to each other, are re ferred to as co-trustees, 53 and
when acting jointly as a collective body are referred to as the Board of Trustees.
Furthermore, there is no law prescribing t he character of a trustee, and while it
has been held that a trust cannot  be invalidated simply due to  the incompetence of the
trustee, the trustee shoul d be a person capable and fit fo r executing the powers and
duties honorably. 54 (This is the basis for the general  rule that beneficiaries are not
desirable as trustees, though t here is no law to forbid such appointment. Equity will
generally avoid all temptation to a breach of trust.) The trustee should have his
residence within the jurisdiction of  the court of equity in whic h the estate is located, if
indeed the trust corpus is an estate . But where the trust corpus is portable land, the
trustee need not be resident wit hin any single jurisdiction, which non-residency will not
disqualify or preclude the trustee from carrying out his position.55
As far as accepting the appointment is  concerned, acceptance should be made
formally, expressly in writing, though it  will always be implied “if the individual
intermeddles with the trust property, or per forms any act to carry out the trust.” 56 Once
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9
56August P. Loring, A Trustee’s Handbook, pt. I, § 3, p. 5 (1898).
55Id. at § 19, p. 28.
54supra. Beach describes this concept as “in such a manner as to subserve the interests of the beneficiary[.]”
53This term is sometimes used to denote that the co-trustee has less authority than the trustee. In that sense, the
co-trustee is called a passive trustee, and the trustee an active trustee. But Express Trusts usually employ the term
co-trustee simply to denote that there are several trustees of that trust.
52See Beach’s Commentaries on the Law of Trusts and  Trustees, vol. I, ch. III, § 23, p. 30 (1897).
51See Joseph H. Beale, The Exercise of Jurisdiction In Rem to Compel Payment of a Debt , 27 Harv. L. Rev. 107,
111 (1913), citing Stern v. Queen, (1896) 1 Q.B. 211; Pinney v. Nevills, 86 Fed. 97 (C.C.Mass. 1898); et cetera.
50See Malley v. Bowditch, 259 Fed. 809 (C.C.A.1 (Mass.) 1919).
49See Parker v. Mona-Marie Trust, 278 S.E. 321; and In re Pittsburg Wagon Works’ Estate, 204 Pa. 432, 54 A. 316.
48See Goodhue v. State St. Trust Co., 267 Mass. 28. 

the acceptance has been tendered,  no court of equity can prevent the trustee from
holding that office, except for breach of trust57 or good cause dependent upon the merits
of that particular case. 58 Removal must be procured pursuant  to the provisions of the
declaration, or, where no such provisions are made, by decree of a court of equity.
But the office of trust ee is not always a desirable one when the trust instrument
conveys an unreasonable obligation. (Again, this  is where careful attention to detail is
most crucial in preparing the trust instrument.) The trustee has a duty of care toward the
beneficiary(s), and must harbor no biases in administration. The best rule is that the
trustee should be given enough discretion to ca rry out his position to the best of his
ability and responsible creat ivity. To put it plai nly, the settlor must trust the trustee to
carry out his duties, and use his powers justly.
POWERS & DUTIES OF THE TRUSTEE
THE POWERS of a trustee are divi ded into general, special and discretionary ones.
The general are all those inherent in trustees virtute officii, i.e., conferred by law; the
special are all those confe rred by the trust instrumen t; and the discretionary are all
those arising out of necessi ty of personal judgment by way of circumstance (though
ample discretion may also be conferred by law and under the trust instrument).59
Moreover, it is well-settled law that under a declaration of trust, the trustees have
all the powers necessary to ca rry out the obligation of that  private contract which they
have assumed. 60 Furthermore, it is settled that t he trustees of an Express Trust are
afforded greater latitude of power and activities than ordinary trustees. 61  The trustees
are empowered to control every aspect of the trust according to the trust instrument and
equity, and retain the power to eject ev en the beneficiary(s) from the premises.62 These
powers include, but are in no way limited to—
y The power to bind the trust in a contra ct, especially where such obligation is
implied-by-law,63 and the power to contract with the beneficiary(s).
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63See Durkin v. Langley , 167 Mass. 577; Perry on Trusts, supra at § 437, p. 120; Hapgood v. Houghton , 10 Pick.
154; Comp. Law Dak. (1887), § 3946; Rev. Code N. Dak. (1895), § 4289; and Civ. Code Cal. (1885), § 2267.
62See Deven v. Hendershott, 32 Iowa 192.
61See Ashworth v. Hagan Estates, 181 S.E. 383 (1935).
60See Boyd v. U.S., 116 U.S. 616 (1886); and Silverthorne Lumber Co. v. U.S., 251 U.S. 385 (1920).
59See Beach, supra at vol. II, ch. XXI, §§ 427-435, pp. 986-1006.
58See Loring, supra at § 8, p. 19. The reasons are generally for guilt of willful breach of trust, waste or
mismanagement of trust property, refusal to account to be neficiary, lunacy, drunkenness, bad habits or carelessness
which endangers the trust property, or improvidence.
57See In re Tempest , (L.R. 1 Ch. 487), 31, 1431: Lord Justice Turner se ttled the rule of law that “[f]irst the court
will have regard to the wishes of the persons by whom the trust has been created, if expressed in the instrument
creating the trust, or clearly to be collected from it. . . . If the author of the trust has in terms declared . . . a particular
person . . . [t]he court in those cases conforms to the wish es of the [creator].” A Breach of Trust does not include a
technical breach of trust, e.g., one made through mistake.

y The power to partition, ex change, sell, pledge or mortgage the trust property, either
in whole or in part;64
y The power to lease trust property;65
y The power to issue, change, or otherwise dispose of securities of the trust;
y The power to support the beneficiary(s) in all reasonable manner;
y The power to prosecute and defend in the trust’s name or trustee’s name;
y The power to make gifts out of trust property;
y The power to delegate all unessential powers and duties; and
y The power to exercise personal j udgment and every discr etionary power not
prohibited by the trust instrument, 66 and, as already shown, to do whatever is
allowed to persons as a natural right.
The fundamental principle of law is that  for every power there is a correlative
duty. The trustee, as a fiduciary to the beneficiary(s), assumes certain basic duties
outside of the management  of trust property, and certai n duties aside from whatever
specific duties may be confe rred upon the trustee in the tr ust instrument. These duties
include, but are not limited to—
y The duty to support the beneficiary(s) in any  essential needs which it may have, out
the funds which would otherwise be paid to it in distributi on. And if such funds are
not available, the duty to accumulate any balance needed;67
y The duty to refrain from taking advantage of peculiar knowledge or position when
dealing directly with the beneficiary(s);
y The duty to exercise the utmost good fait h in all concerns of the trust, whether
dealing with the trust property itself, or directly with the beneficiary(s) in matters
concerning the trust,68 including to care for, protect and secure the trust property;
y The duty to preserve, protect and further t he trust’s interests, including pressing all
reasonable demands and prosec uting and fending off all claims, and claiming all
available exceptions and taking all available advantages in such matters;
y When delegating unessential power s and duties, the duty to  exercise at least a
general supervision of the trus t affairs, and to perform any  ministerial acts which
require the exercise of discretion or judgment;69
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69See Perry on Trusts, supra at § 409, p. 49. It is completely lawful and equitable for a trustee to appoint an
Authorized Representative to act as agent in collec ting rents and dividends, keep books and minutes, and, in
general, act for the trustee wherever th ere is a moral or legal necessity to em ploy such an agent. (Necessity may be
determined to exist where the ordinarily prudent business man would employ an agent in his own affairs.) See Ex
Parte Belchier, Amb. 219.
68Id. at p. 72.
67See Loring, supra at pt. II, § 4, p. 69. “[The trustee’s] fealty is to the trust, and all his acts must be governed by
strict loyalty to it and the interests of the beneficiaries; and any act which is not in the [best] interest of the
beneficiaries is a breach of trust.”
66See James Hill, A Practical Treatise on the Law Relating to Trustees, their Powers, Duties, Privileges and
Liabilities, pt. III, div. I, ch. II, § 3, pp. 471-495.
65It is a general rule that the if the trustees lease property outside of the powers granted to them by the trust
instrument, such an act will constitute breach of trust. Again, it all comes back to the design of the trust instrument.
64See Loring, supra at pt. II, § 3, pp. 54-69. It should be noted that even though the trustee may have sold the entire
trust estate, the trust is not necessarily terminated until a ll obligations of the trust arrangement have been fulfilled,
especially the transferring of the proceeds to the interest-holder(s).

y The duty to keep minutes, and separate account s of the trust, even if kept in a book
with other accounts, with mi nutes showing decisions and resolutions reached, and
accounts showing the state of the trust and pertinent details of transactions
(generally in the form of schedules of in come received, income paid, additions to
principal, deductions from principal, pr incipal on hand, and changes in investment
consisting of debtor and creditor sides);70
y Upon acceptance of the trust eeship, the duty to accept the trust property and trust
documents;71
y When investing trust funds, the duty to invest them secure ly, “so that they shall be
preserved intact for the remainderman,” and to invest productively, “so that they
shall yield [at least] the current rate of interest to the life tenant”;72 and
y The duty to concur with all co-trustees, except where authorized to act individually.73
PRIVILEGES & LIABILITIES OF THE
TRUSTEE
IN ADDITION to the powers and duties of trust ees, there are certain privileges
(including allowances), rights and liabilities of the trustee. These are all those which are
enumerated in the trust instru ment and naturally extended to the trustee of an Express
Trust. As was noted before, certain restrict ions placed upon trustees of ordinary trusts
do not apply to the trustee of  an Express Trust pursuant to the doctrine of greater
latitude.74 These, aside from those allowed by the trust instrumen t, include, but are not
limited to—
y The inherent, unquestionable right to full co mpensation, including reimbursement of
all out-of-pocket and other expenses incurred in the discharge of duties. (And unduly
withheld reimbursement results in a lien on the trust for the amount plus interest);75
y The privilege of residing in the trust estate and allowance of rates and taxes
“although he has the benefit of residing in the house”;76
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76Id. “However a trustee who employs a park-keeper, or other servant, for his own purposes, must pay him himself,
75James Hill supra at pt. IV, div. II, ch. IV, pp. 570-571. “Such is the rule of courts of equity, and such also is the
rule at common law.” Quoting Lord Cottenham in the case of Att.-Gen. v. Mayor of Norwich , 2 M. & Cr. 406, 424.
Also see Rex v. Inhabitants of Essex, 4 T.R. 591; and Rex v. Commissioners of Sewers, 1 B. & Adolph 232.
74See Ashworth v. Hagan Estates, supra.
73See James Hill, supra at pt. III, div. I, ch. I, § 1, pp. 305-309; Brown v. Donald, 216 S.W.2d 679 (1949); Meldon
v. Devlin, 31 App.Div. 146, 53 N.Y.Sup. 172; Barroll v. Foreman, 88 Md. 188, 40 A. 883; and Appeal of Fesmire,
134 Pa. 67, 19 A. 592.
72Loring, supra at pt. II, § 4, p. 95. Generally, where it is impossible to comply with the investments required by the
trust instrument, a trustee has recourse to apply to a court of equity for directions. See McIntire’s Adm’rs v.
Zanesville, 17 Ohio St. 352.
71See Hallows v. Lloyd, 39 Ch. Div. 686, 691; Underhill, supra at p. 219.
70This is not required, but the rule of thumb is that the more detail kept, the better the accounting. The trustee is
accountable to the beneficiary(s), and the accounts must ultimately balance out in the end. And an account settled in
a court of equity is final; it cannot be reopened except to  correct a mistake or fraud, and its correctness cannot be
questioned in a collateral proceeding in equity or in a court of law. See Stetson v. Bass , 9 Pick. 26, 29; Dodd v.
Winship, 144 Mass. 461; Sever v. Russell, 4 Cush. 513; and Parcher v. Bussell, 11 Cush. 107.

y The right to employ a solicitor 77 for assistance and guidance in the administration of
the trust, and, in the case of any doubt or difficulty, to seek the opinion of competent
counsel, and, in the case where the trust’s accounts are intricate and complicated, to
seek the assistance of an accountant—all to the charge of the trust;
y The right to apply to a court of  equity for directions in the execution of the trust, or to
obtain a declaratory judgment in order to  establish the meani ng and intent of the
trust instrument;78
y The right to carry on in separate business for the benefit of the trust given certain
conditions;
y The allowance of remuneration for loss of time under certain circumstances;
y The right not to be compelled by subpoena or  review to produce and show records
or books to outside parties;79
y The right to further limit hi s liability in particular contracts, even beyond the limitation
made in the trust instrument, i.e., by operation of law;
y The right to relocate, move trust property, or change the trust’s domicile;80 and
y The inalienable right to disclaim the office at the execution, or resign at a later date.
With regard to the personal liabilities of  a trustee, they encompass what the
trustee is and is not liable for. Basically, the inherent liabilities (and non-liabilities) are all
those incident to ownership at law 81 and imposed or exempted unde r contract law, for it
is a maxim of law that “ le contrat fait la loi .”82 (I will show in a later section the several
methods for limiting one’s liability complete ly, regardless of how un-limitable the
following may seem, but for now we will enter tain the basic liabilities saving those
methods for later.) These include, but are not limited to—
y Liability on all contracts made, whether signing as “trustee” or signing individually;83
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83See Loring, supra at pt. II, § 3, p. 65. Simply using the title  “trustee” will not suffici ently limit liability. That
without express stipulation (such as that which I have  provided in the later section) he is personally bound is
well-settled law. See Feldman v. Preston, 194 Mich. 352, 160 N.W. 655; Bried v. Mintrup, 203 Mo.App. 567, 219
S.W. 703; Hussey v. Arnold, supra; Carr v. Leahy, 217 Mass. 438, 105 N.E. 445; and also Knipp v. Bagby, 126 Md.
461, 95 A. 60.
82“The contract makes the law.” See Bouvier’s Law Dictionary, pp. 770-790 (1928). The basic principle is that all
man’s law is contractual in nature, regardless of the partic ular classification of the la w, and can acquire force only
by consent: “Consensus facit legem.”
81See Loring, supra at pt. II, § 1, p. 23.
80See Beach, vol. I, supra at § 19, p. 28; Rice v. Houston, 80 U.S. 66 (1871); Fost. Fed. Pr. Sec. 19; and Story, Fed.
Pr. Sec. 19. Also, in New Orleans v. Whitney , 138 U.S. 595, 34 L.Ed. 1102 (1891) the court said “[w]e have
repeatedly held that repres entatives may stand upon their own citizenship in the federal courts irrespective of the
citizenship of the persons whom they represent—such as executors, administ rators, guardians, trustees, receivers,
[etc.]”
79See Boyd v. U.S., supra; and Silverthorne Lumber Co. v. U.S., supra.
78See Dunbar v. Redfield, 7 Cal.2d 515.
77This is defined as “[a] person who conducts matters on a nother’s behalf; an agent or representative.” Black’s Law
Dictionary, p. 1399 (7th ed. 1999).
and will not be allowed his wages out of the estate. And so a trustee, with the most ample powers of management,
cannot of his own authority keep up a mere pleasurable establishment, such as gamekeepers, &c.” 

y Liability of removal for breach of tr ust, waste, mismanagement, or good cause
shown in an action for removal in a court of equity,84 or according to trust instrument;
y Liability for losses sustained by the trust as a result of negligence;85
y Liability for torts and common-law criminal and civil wrongs;86
y Liability in all cases of co-mingling of trust funds;87 and
y Liability for all mischief of his agents contracted to exercise discretionary powers.88
But, the trustee is not at all liable for any losses sustained in the proper discharge
of their duties,89 and, with the case of other losses due to negligenc e or tort, the trustee
may be able to be bonded in the manner ordinarily used by trustees, executors and
administrators. Nor, are they liable for—
y Contracts in which liability was properly limited (by the methods to be shown later).
Such contracts may also encompass the codes  and statutes of various jurisdictions,
given that all manmade law is, by its nature, fundamentally contractual;
y The debts of the trust incurred requiring the creditor to look solely to the trust for
payment90 (and the trust is not liable for the personal debts of the trustee,91 except to
the extent of attachability of the trustee’s interest in the trust92);
y The independent, non-preventable acts of co -trustees, of which he had no prior
knowledge;93
y The acts of his agents when properly contracted;
y Taxes on income of the trust;94 and
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94Again, the trustee must be indemnified by the trust instrument from taxation for trust gains. If the trustee holds
interest in the trust, he is taxable only at the realization of an actual gain, not at the point of investment (see Burnet
v. Logan, supra; and Trenton Cotton Oil Co. v. Commissioner, supra).
93See James Hill, supra at pt. III, div. I, ch. I, p. 309. If the acts were indeed preventable, and he had prior
knowledge, then the trustee is co-liable and accountable for the loss. Also see In re Adams’ Estate , 221 Pa. 77, 70
A. 436; and In re Cozzens’ Estate, 15 N.Y.Sup. 771.
92See Loring, supra at pt. II, § 1, p. 41; Mavo vs. Moritz, supra; and Hussey v. Arnold, 70 N.E. 87 (1904).
91See Wright v. Franklin Bank, 59 Ohio 80, 51 N.E. 876.
90See Taylor v. Mayo, 110 U.S. 330, 4 S.Ct. 147, 28 L.Ed. 163 (1884); and Frost v. Thompson, 219 Mass. 360, 106
N.E. 1009.
89Equity will always follow the law. And the trustees can never be penalized for properly discharging their duties.
88See Beach, vol. II supra at ch. XXV, § 548, p. 1243; and Winthrop v. Att.-Gen., 128 Mass. 258.
87Generally, in cases of co-mingling of the trustee’s pers onal funds with trust funds, courts will follow the trust
property, unless co-mingled be yond separation, in which case the courts w ill treat the trust as the alter-ego of the
individual acting under the assumed title  of “trustee,” and will ignore the trust arrangement completely. See
Gregory v. Helvering , 293 U.S. 465 (1935), XIV-1 C.B. 193; and Helvering v. Clifford , 309 U.S. 331 (1940).
Mixing trust property with personal property is co-mingling. See Perry on Trusts, vol. I, ch. XV, § 447 (6th ed.).
86See Loring, supra at § 1, p. 26. However, in torts and civil wr ongs, limitation of liability is amply available as per
Fisheries Co., supra. But, as it is with corporations, common-law crimes are strictly of an in personam nature, going
against the officer personally.
85See Holmes v. McDonald , 226 Ill. 169, 80 N.E. 714; and Norling v. Allee , 10 N.Y.Sup. 97. But it must also be
noted that this, as with all of the others can be limited. In Fisheries Co. v. McCoy, 202 S.W. 343 it was held that it is
lawful for liability to be limited in certain cases of tort and negligence, except where the relation of master-servant
or passenger-carrier exists.
84Any such action would have to be instituted by an interest-holder, as a last resort. And the burden of proof rests
with the party bringing the action.

y Lawsuits against the trust.
AUTHORIZED REPRESENTATIVES
AS SHOWN ABOVE, it is well within the power, discr etion, and often times duty (trust
instrument notwithstanding), to contract an Authorized Representative or Managing
Agent to deal with certain affair s of the trust. And the basic rule which courts of equity
have laid down is that a trustee may contract an agent to handle all affairs which require
no discretion, be they ministerial or not, and he may not delegat e the essential part of a
power given to the agent (unless, of course, permitted by trust instrument).95
In clarifying the discretionary power rule, it must be noted that there is no law
against delegating discretionary powers to agents. The rule is simply that a trustee who
does so, “does so at his own peril,” 96 for he is liable for all resulting losses, if any. To
clarify what constitutes the essential and unessential parts of a power, the essential part
is defined as “the exercise of . . . discretion . . . , the [ determining of] need[s] of [the
trust], or the appropriateness of [an action].” The unessential part is that “not requiring
the exercise of discretion.” However, there is a simple solution, allowing for greater
flexibility in this rule, which is to “authorize the agent to contract subject to the assent of
the trustee.” 97 And if the trust instrument makes provisions for the contracting of an
Authorized Representative or Managing Agent, then the trus tee cannot be liable for his
acts.
Now, the method for contracting an Aut horized Representative may be either by
formal appointment, execution of  a limited power of attorney , letter of authorization, or
even verbal authorization (preferably docum ented by minutes). The most effective,
secure method of contracting such an agent  would obviously be an actual appointment
with written contract setting forth the specific powers authorized, terms of the
arrangement, extent to which the liability of the agent shall be limited by the trustee, etc.
But, a letter of introduction is, for most purposes, sufficient. 98 This is the case with all
individuals and organizations, however constituted.
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98I have supplied the reader with a sample multipurpose le tter of introduction and letter of authorization for opening
a bank account in the sample forms section. All the reader need do is modify the letter to encompass the particular
purpose for which the authorization may be necessary. A sample limited power of attorney is also provided in that
section. I have also provided a sample Authorized Repres entative contract (which can be used for Managing Agents
as well), specifying the particular authorization, power, and limitation of liability, etc., for said agent. (When used
with Managing Agents, modification to the contract’s language may be necessary.)
97Id. at § 2, pp. 48-49.
96Id. at § 4, p. 74.
95See Loring, supra at pt. II, § 2, p. 49.

EXPRESS TRUST vs. CORPORATION
FIRST, I must clarify that t hough I am referring primarily to corporations, included
in the reference are all organi zations which owe their exist ence to legislative acts, not
limited to Limited Liability Companies, Limited Partnerships, Agencies, Co-Partnerships,
etc., which, though not classified as cor porations, avail them selves of benefits,
privileges, and franchises of the state for their very creation and existence.
Second, since we have already shown the distinct juridical personality of the trust
as a legal entity, 99 we will not reexamine it until we consider its personality under the
Roman civil law of the 14 th Amendment in a later section.  But it must be noted the well-
settled law that the Expr ess Trust is a lawful, 100 legal, valid business organization, 101
possessed of the right to hold pr operty and sue in its business name. 102 And its uses in
modern business have some of their stronges t roots in England, Germany and many of
the United States w here it has been recognized for it s superiority, and even praised by
such notable authorities as the Ohio Supreme Court for its effectiveness in the business
of life insurance.103
The declaration of trust has been held to be an effective substitute for
incorporation, for its many advantages, which will undoubt edly shine though to the
reader by the following table. I have prepared this table based upon the work by John H.
Sears who, after discussing the im pact of the twin landmark cases 104 on the grave lack
of profitability of usi ng corporations for, inter alia, dealing in real estate, went to task in
outlining the distinct benefit s of Express Trusts, and t he works by William C. Dunn, 105
Guy A. Thompson,106 and Sidney R. Wrightington.107 Mr. Sears says:108
The decision of the United States Supreme Court . . . holding that the [Express]
Trusts are not subject to the Fe deral excise tax on corporations , has
emphasized this method of conducting business as compared with corporations. . .
[T]he best legal talent was soon imp ressed into the service of devising a
means of affording the usual advantages belonging to a corporation without
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108supra at § 1, p. 3.
107The Law of Unincorporated Associations and Business Trusts (2d ed. 1923).
106Business Trusts as Substitutes for Business Corporations (1920).
105Trusts for Business Purposes (1922).
104Eliot v. Freeman, supra; and Maine Baptist Missionary Convention v. Cotting et al., 220 U.S. 178 (1911).
103“There was no class of business, the transaction of whic h, as a matter of private right, was better recognized at
common law than that of making contracts of insurance upon the lives of individuals.” State v. Ackerman, 51 Ohio
St. 163, 37 N.E. 828, 24 L.R.A. 298.
102See U.S. v. Carruthers, 219 F.2d 21 (C.A.9 (Or.) 1955).
101See Baker v. Stern, A.L.R. 462; Reeves v. Powell, 267 S.W. 328 (1924); Weeks v. Sibley, 269 Fed. 155 (D.C.Tex.
1920); Phillips v. Blatchford, 137 Mass. 510 (1884); and Burnett v. Smith, supra.
100The lawfulness of the Express Trust is obvious, however, th e allegation to the contrary has often been made in
the past, and is occasionally made by the ignorant nowadays. Among the long list of precedents confirming its
lawfulness is Palmer et al. v. Taylor et al., 269 S.W. 996 (1925), offered here simply to add to the collection.
99See Brigham vs. U.S., supra; and Burnett v. Smith, supra.

the authority of any legislative act . A method of placing the property into the
hands of trustees, who held the legal title and issued certificates, similar to shares
of stock, to the cestui que trust , showing the interest owned by each, possessed
nearly all the advantages desired. [This excluded the use of limited liability
companies, joint-stock associations , and co-partnerships, which are] organized
under enabling statutes  which [merely] enlarge the privileges possessed at
common law, and they are, therefore, s ubject to State regulations, which may be
equally burdensome to those imposed on corporations. [Italics emphasis supplied
in original; bold emphasis and bracket information added.]
*Preliminary note: While the mo rtality rate of corporations  and the like have historically
remained high, Express Trusts remained, and indeed to this day, continue to remain
vital.109 But, again, the table will show you why.
Must apply for and secure fictitious firm name, and
must register all trade-names and trademarks.
Business name protected by injunction. (May use
trade-name or trademark for legitimate
purposes.)111
Corporate officers personally liable for all
ambiguous indorsements. Remember Enron and
Global Crossing—Must answer in legislative court
for all acts.110
Limited liability of trustee determined by trust
instrument. In any given contract, only property in
hands of trustee is answerable. Remember Boyd
and Silverthorne—Not subject to subpoena.
Governed under statute. Forever subject to
burdens of inquisitorial legislation.
Governed under equity. Trust law is most
well-settled body of law in America.
Perpetual or certain number of years, in most
cases legislative requirements govern.
Life-span of 20-25 years at a time, in order to avoid
rule against perpetuities. Death of grantor has no
effect on life or affairs of trust.
CorporationExpress Trust
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111See People v. Rose, 219 Ill. 46, 76 N.E. 42; YWCA v. YWCA, 194 Ill. 194, 62 N.E. 551; McLean v. Fleming, 96
U.S. 245 (1877); Lane v. Brothers, etc. , 120 Ga. 355; Aiello v. Montecalfe , 21 R.I. 496; and Rudolph v. Southern
Beneficial League, 23 Abott’s N.C. 199.
110Although corporate officers reserve the “right” to “plead the fifth,” they have merely the relative-right to plead
the congressionally interpreted “spirit” of the amendment, not the letter of the law, due to their 14 th Amendment
citizenship. Trustees of an Express Trus t have the absolute-right to refuse self-incrimination. See Lee Brobst et al.,
supra; Boyd v. U.S., supra; and Silverthorne Lumber Co. v. U.S., supra.
109See Chandler, supra at p. 11. The reportedly oldest Express Trust in America is the North American Land
Company, formed by Patrick Henry, with the aid of John Nicholson and James Greenleaf, for Robert Morris of
Virginia (popularly known as the “Financier of the American Revolution,” distinguished from Virginia Colony
Governor Robert Morris), circa 1764, roughly a decade prio r to the signing of the D eclaration of Independence
(1776) and Mr. Henry’s compelling addr ess to the Virginia Legislature, Give Me Liberty  (1775). North American
Land Company was later expanded in 1795, but was dissolved  in 1798, at which time its land holdings consisted of
roughly 4 million acres scattered over Georgia, the Ca rolinas, New York, and the states in between. See Plan of
Association of the North American Land Company: Established February 1795 by Peter Force (1795).
Another, and possibly more noteworthy, Express Tr ust was the Merchants Bank of New York, formed by
Alexander Hamilton, circa 1810. As an aside, this Expre ss Trust made full use of tran sferability of shares, i.e.,
certificates, and limited liability (see Hamilton’s Works , Congressional ed., VII, 838), whereas Mr. Morris
ultimately served time in debtor’s prison after the trust revenues from installment sales and share sales did not come
in quickly enough to meet the loan and tax deadlines. Geor ge Washington is reported to have had many a dinner in
debtor’s prison with Mr. Morris, where he visited him frequently—the two were good friends.

Inherently subject to all foreign corporation laws
and commercial (public policy) regulation.
Not subject to foreign corporation laws of any
state. Not inherently subject to commercial
regulation, but for income derived from corporate
stock and physical franchises under Article I § 8
Clauses 1 and 3. Express Trust is valid in all
States of the Union.118
Required to file reports, quarterly, etc.
Trustees are not required to file reports with any
authority, and are accountable only to beneficiary,
governed strictly under principles of equity.
The opposite is the case, except for state taxes in
certain states. In either respect, all corporations
are taxed indirectly via inflation.117
All Federal excise tax and state organization and
franchise taxes are avoided.
Relatively broad powers, as in the example of
holding companies. But corporation may not do
whatever any individual may do. The statute
(legislature) is the limit.
Trustees afforded more leverage, and powers are
generally more broad than corporation, as it may
provide for whatever any individual may do. The
sky (nature) is the limit.
May bring and defend litigation in the corporate
name and entity only.
May bring and defend litigation in trust name and
entity, or in trustee name. Same rules as to parties
and procedure at law and in equity are applicable.
Must go “public” in order to issue stock.
Stockholders may dispose of shares of stock, but
corporation and stockholder alike are taxed
indirectly in more ways than one can count.
Trustees issue certificates in the manner
prescribed by trust instrument. Certificate holders
cannot transfer without approval of Board of
Trustees.
The opposite is the case.Not required to obtain business license.116
Corporation is 14th Amendment citizen,114
regardless of citizenship of corporate officer.
Generally state corporations require officers to be
citizens as well. This citizen is inherently public due
to the nature of the amendment.115
Trust is Article IV § 2 citizen of the United States
via its trustee, not a 14th Amendment citizen,
unless trust contracts under the amendment.112
This citizen is understood in constitutional law as
the private citizen.113
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118See Jones v. Habersham , 107 U.S. 174, 27 L.Ed. 401 (1883); Fellows v. Miner, 119 Mass. 541; Sohier v. Burr ,
127 Mass. 221; Sewall v. Wilmer, 132 Mass. 131; and Cross v. U.S. Trust Co. , 131 N.Y. 330, 349, 30 N.E. 125. A
trust invalid where created, but valid where to be administer ed will be upheld where made. Hope v. Brewer , 136
N.Y. 126, 143, 32 N.E. 558.
117“[I]nflation is a ‘method of taxation’ which the governme nt uses to ‘secure the command over real resources,
resources just as real as those obtained by [ordinary] taxation’. ‘What is raised by printing notes,’ . . . is just as
much taken from the public as is . . . an income tax.’” 1980 Annual Report , Federal Reserve Bank of Richmond, p.
10, quoting John Maynard Keynes’ The Economic Consequences of the Peace.
116See People v. Rose , supra. Once trust is executed, it is an existing “express business,” and, unless the trust
instrument requires the trustee to obtain a business licen se, one is not needed except for new (i.e., heretofore
nonexistent) express business.
11514th Amendment citizens, under the Roman civil law (pri vate international law/admiralty-maritime law), are
inherently public, with only relative-privacy.
114See Santa Clara County v. Southern Pacific R. Co., supra.
113See Hale v. Henkel, supra.
112See Farmers Loan & Trust Co. v. C. &. A. Ry. Co. , 27 Fed. 146 (C.C.Ind. 1886); and Shirk v. City of LaFayette ,
52 Fed. 857 (CC.Ind. 1892). For an understanding of the prof ound superiority of Article IV § 2 citizenship over 14th
Amendment citizenship, see Lee Brobst et al., supra.

The opposite is the case.Dissolution or changes may be effected without
formality.
Protected by the basic impersonal nature of
corporations, yet corporate veil is regularly
pierced.120 The elite attorneys are well aware of
this.
Interests of the beneficiary(s) well protected by
courts of equity. Power to secure information as to
the actions of the trustees and status of trust fund
is, no doubt, superior to the rights and remedies of
stockholders in corporation.
Board of Directors are managers with limited,
defined powers to conduct business, hold regular
meetings, etc.
Trustee(s) have exclusive management, except
where Managing Agents are contracted, or a
Board of Directors is elected.
Corporate officers have relative-right and privileges
to do so, and incur more taxability by doing so.
Trustees have absolute-rights and privileges to
engage in interstate commerce under protection of
the Federal Constitution.119
Shares of stock are personal property in hands of
owner, and taxes issue on same property against
corporation and then against the stock-owner.
Units of beneficial and capital interest in trust are
not personal property of holder, and give holder no
control over the administration or res of the trust.
The opposite is the case.
No legal obligation to maintain the capital and
refrain from paying dividends out of capital. Trust
instrument governs.
These advantages and more have been and ar e still seized by some of the
shrewdest, wealthiest individuals and familie s in America and from  abroad. But the
widely perceived, yet absolutely untraceable, wealth of such individuals and families like
the Rothchilds, Rockerfellers, Kennedys, Fo rbes, and many of t he American founding
fathers, plus countless moder n day politicians, are strong circumstantial evidence of
this. One may find many articles and information, as well as quotes,121 attesting this.
Given the private natur e of the Express Trust, there is virtually no lawful method
by which to pierce the trus t without the express permission or implied consent of the
parties, or some unlawful activity on t he part of the trust giving rise to a bona fide cause
of action. As a result, virtua lly no direct evidence of the trust’s existence can be found
unless it is made to be found—and even t hen it can only be heard by a court of
competent jurisdiction, which, as you shall see in the sections ahead, is very hard to find
nowadays. This is protection at its finest, hidi ng in plain sight, so to speak; and it is well
understood by the powerful elite that “ bene vixit, qui bene latuit .”122 In many ways, the
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122“He lives well who conceals [his assets] well.” Ovid, c.43 B.C. - A.D. 18.
121One such quote is that of John D. Rockerfeller who is reported to have said that the key to true wealth and power
is to “own nothing and control everything.” Your author is confident that the reader will see the self-evidence of this
truth; and the Express Trust throughout the relatively short hi story of America has served to facilitate this practice.
A search for the assets of the Rockerfeller family will prove the truth of this philosophy.
120Collections attorneys know this very well. All one need do is look no further than the Global Crossing or Enron
scandals to see how every corporate veil is able to be pi erced when the effort is backed with enough incentive. And
when it’s pierced, who bites the bigger bullet(s)? Stockholders—they have no real recourse but to cry in public.
119Any statute enacted by a state which prohibits this right is in conflict with the Constitution. See Bruant v.
Richardson, 126 Ind. 145, 25 N.E. 807; Robey v. Smith , Ind.Sup. 30 N.E. 1093; and Farmers’ Loan & Trust Co. ,
supra.

common law itself, with its precious substance,  is hiding in plain sight (or is well hidden,
depending on the perspective).
UNDERSTANDING COMMERCE
HERE IS WHERE we begin to address the Express Trust in action. As shown above,
the trust may engage in all manner of trade and commerce,123 but before taking the step
of doing so, the reader woul d greatly benefit the trust by understanding the nature of
commerce in twenty-first century America. And for my brief explanation of the subtle
intricacies involved, I will rely upon the two works by Lee Brobst et al.124 I will not go into
a detailed explanation of the c onstitution or the history of commerce for want of space,
but I would suggest that the reader read the works relied upon herein.
When the trustee is engaging in trade or commerce in behalf of the trust, acting
under general common law, the trus t is within the jurisdiction over which the literal and
absolute protections of the Bill of Rights extend,  and he has no direct contact with the
federal government. And, under  right of contract law protected under the Federal
Constitution, the trustee may enter into the 14th Amendment jurisdiction via contract, i.e.,
by willfully availing the trus t of benefits like the quasi-cor porate privilege/franchise of
limited liability for the discharge of debts with Federal Rese rve Notes under H.J. Res.
192. (Contrast this with the payment of debts with standard gold-backed currency under
the original Coinage Act of  1792.) Under this jurisdic tion, the federal government
(Congress) has full and direct c ontact with the trust, “as they  see fit, for the benefit of
public policy regulations (known as codes  & statutes) of this jurisdiction.” 125 This makes
the federal government a third-party intervenor in the affa irs of the trust by operation of
law,126 because the trust (as with the 14 th Amendment citizens) is being allowed to get
away with not truly fulfilling its commercial contracts as is required under the common
law of contracts. (I will show how this can all be avoided, in a later section.)
The resulting nexus or “confederacy dev eloped under [H.J. Res. 192] . . . is an
affiliation known better as an association[ 127].” “And the ‘common enterprise’ of this
unincorporated society, is to offer all Americans a so-call ed ‘privilege,’ in the form of
what is better known as a ‘[quasi-cont ract],’ to participate in commerce without
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127Brobst et al., supra at pp. 7-8. An association is defined as “[a]n unincorporated society; a body of persons united
and acting together without a charter, but upon the methods and forms used by incorporated bodies for the
prosecution of some common enterprise.” Black’s Law Dictionary, p. 156 (4th ed. Rev. 1968).
126The federal government’s power of regul ation in this manner is fully cons titutional, deriving its authority from
art. I, § 8, cl. 1 and 8, being one of the general legi slative powers. The relationship between congress and the 14 th
amendment citizen is controlled under art. IV, § 3, cl. 2 because there is no physical federal or state charter issued to
regulate the relationship.
125The Law, the Money and Your Choice, p. 3.
124supra, see footnotes 12 and 28.
123“The words ‘commerce’ and ‘trade’ are often used inte rchangeably; but, strictly speaking, commerce relates to
intercourse or dealings with foreign nations, states, or political communities, while trade denotes business
intercourse or mutual traffic within the limits of a state or nation, or the buying, selling, and exchanging of articles
between members of the same community.” Black’s Law Dictionary, p. 336 (4
th ed. Rev. 1968).

‘Payment of [D]ebts’ for ‘social securi ty’ purposes. Moreover, this unincorporated
society is outside the liter al common-law principle t hat demands the ‘Payment of
[D]ebts’ as stated in Article 1 Section 10, but is allowed, upheld and protected by Article
1 Section 10 that upholds [the] ‘Obligation of Contracts.’” 128 This amounts to a
“federated unincorporated society by operation of law [which] is contractually protected
by the Constitution [in the same way the Expr ess Trust and its trustee(s) are].” And the
trust and/or trustee reserves the right to “ domicile themselves in . . . the Union under
Article IV Section 3 [C]lause 1,  [and] thus to contract under  Article I Section 10 despite
the fact that [they] . . . cannot ‘Pay’ [their]  . . . debts. In other words, Congress cannot
compel [the trust or its trustee(s)] . . . to participate in a federal interstate unincorporated
banking association under Article IV Section 3 [C]lause 2 and [H.J. Res. 192] . . . for the
NON payment of debts. The choice of law is up to each person still.”129
With corporations, they are “artificial creations of the state or federal government
under physical charter (franchise) issued via state or federal civil law for commercial
regulation under Article I Section 8 [C]lauses  1 & 3. They are not under the literal
common law because of the charter (franchise). Any legal action against the corporation
is legally called an ‘in rem’ action, because it is against the thing or property (also called
res) of the corporation under charter. The courts have automatic subject[-]matter
jurisdiction, because the physical charter is the subject[-]matter.”130
“Under the letter of the constitutional la w there is no commercial regulation, but
[H.J. Res. 192] . . . along with 15 USC brought in a third party for commercial regulation
for the social security public policy. Reme mber, ‘equity compels performance.’ The law
views unincorporated associations as a danger  to the substance of the common law,
because of their debt/credit system. This is because there is no counter[-]balance to the
demands the association puts on the substance of the earth, thus the reason for all the
federal and state regul atory agencies. In other words,  there is a presumption by
implication in the civil law that a charter (a metaphysica l/abstract/unreal type) exists,
because persons are availing t hemselves (volunteering) of the privileges pertaining to
[H.J. Res. 192]. Therefore, these persons come under a ‘quasi in rem’ jurisdiction of the
civil law in order to regulate,  control (including compel) t hose that are out side the literal
common[-]law principles.”131
The many participants under this system, especially the 14th Amendment citizens
from each state, together form an unincorporated federati on of state associations
operating under interstate commerce as addressed in Article IV § 3 cl. 2, and reinforced
by the landmark  Erie R. Co. v. Tompkins 132 decision. This is the basis for the federal
government’s, including state governments’, compulsion of  persons to its public
international law (i.e., the spirit, not the letter, of the common law mixed with public
Roman civil law, under Law of Nations per Article I § 8 cl. 3 and 10, and Article VI cl. 2)
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132304 U.S. 64 (1938).
131Id. at pp. 9-10.
130Id. at p. 9.
129Id.
128Brobst et al., Id.

nowadays commonly known as codes and statut es (state or federal), to regulate
everything as a matter of commerce.133
Without getting into the history of religion, and speaking purely from an analytical
perspective, the Roman civil law, as a base-model for commerce regulation, was
developed out of necessity of the church to avoid political scrutiny for its handling of
ever increasing amounts of precious metals. It had becom e a “‘storehouse’ for the
money and property the people we re persuaded to give in exchange for limited liability
[in the form of tithing] — [i.e.,] go directly to heaven in stead of hell. As the people
became more educated and saw what was rea lly behind the power of religion [in
generating wealth], the Roman C hurch fell under greater and great er criticism. This led
to the development of a bank ing system to handle and contro l church wealth and take
the critical focus [away from the church.]”134
“The bank learned from the c hurch about limited liability.  If you could get people
to borrow money beyond their ability to pay  back, you could get them to keep
performing [paying interest in one form or  another] on a debt (li ability) without ever
demanding it [the principal] back, thereby, loaning out that same credit to more than one
individual or company. This meant that the bank was limiting the liability of the borrower
so he was not fully responsible for the debt as long as he continued to perform to paying
the interest. This way[,] real money (gol d) became credit (paper money) by loaning to
more than one person. Being involved in th is sort of commerce was called ‘private
commerce.’ With the church’s control ov er wealth, this private commerce became
standard practice in world trade upon t he sea — private international or
admiralty/maritime law became known as Roman civil law as it began to figure heavily
in the politics of every city and country it touched through international commerce.”135
By operation of this body of  law, all persons subjec t to its jurisdiction are
regarded as vessels, having a di stinct quasi-corporate, juri dical personality, capable of
suing and being sued in rem.136 14th Amendment citizens of t he United States, whether
state or federal char tered corporations or metaphysi cal-chartered corporate-colored
public persons, therefore, ar e public vessels of the Unit ed States within the broad
meaning of the Public Vessels  Act, and are regulated. The United States, as with the
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136See The China, 74 U.S. 53 (1868); and The Barnstable, 181 U.S. 464 (1901). Also see Why We Are in Admiralty
(April 18, 2004), available at <http://www.wealth4freedom.com/law/Admiralty.htm> (last visited Sept. 30, 2005).
135Id.
134U.S.A. The Republic, Is The House That No One Lives In, p. 9.
133This can be better understood from Propeller Genesee Chief v. Fitzhugh , 53 U.S. 443, 451-453 (1851), wherein
the court said that, within the letter of the constitution, “[t]he law contains no regulations of commerce. . . . It merely
confers a new jurisdiction on the district courts; and this is its only object and purpose. . . . It is evident . . . that
Congress, in passing [the law], did not intend to exercise their power to regulate commerce. . . . The statutes do no
more than grant jurisdiction over a particular class of cases . . . . Now the judicial power in cases of admiralty and
maritime jurisdiction, has never been supposed to extend to  contracts made on land and to be executed on land. But
if the power of regulating commerce can be made the foundation of jurisdiction in its courts, and a new and
extended admiralty jurisdiction bey ond its heretofore known and admitted limits, may be created on water under
that authority, the same reason would justify th e same exercise of power on land.”; also see Verlinden v. Bank of
Nigeria, 461 U.S. 496 (1983). Roman civil law is also why the I.R.S. continually refers to income taxes as voluntary
although, to the ignorant, it appears to be the exact opposite.

Roman Church, is the “ship of state”. The Express Trust, then, is a private vessel of the
united States of America, nav igating through the often hostile waters called interstate
commerce (which is international commerce via the United States treaties).
DOING BUSINESS
EVEN THOUGH the Express Trust is techni cally not a “business trust” 137 within the
established meaning of the term, this in no way prevents or inhibits the trust from
engaging in all manner of business the trust ee is permitted to under declaration, and it
need only obtain the franchise of a business license if it antici pates doing express
business in the above-described jurisdiction. 138 The trust may operate a business,
acquire a business, sell or otherwise dispose of its business, or even contract under the
limited liability system and become a taxable entity—the choi ce is yours. The only thing
which may bar the trust from  conducting a particular kind of business in any certain
jurisdiction is the public policy of that juri sdiction, regarding which, it has been admitted,
most states have not passed upon the subject directly.139
Regardless of the business, there is a due notice rule, which confers a duty upon
the trustee under equity, whenever doing business. The rule consists of two parts: 
The first is that he should sufficiently di stinguish and represent the nature of the
trust to the party with whom he is doing busine ss. It is of the utmost  importance, in the
forming of business contracts, that full disclosure be made—on all letterheads, business
cards, checks, bills and order blanks, papers, etc.—so as to prevent any claims of lack
of disclosure from arising in the future . But prudence recommends that a trustee must
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139No state has ever made any attempt to prohibit Expre ss Trusts (i.e., impair the contract rights of persons sui
juris). However, many states have attempted successfully to  prohibit associations, the most notable being the Ohio
Attorney General in State v. Ackerman  ( supra), against C.F. Ackerman and ni nety-nine other persons who were
transacting business of guarantee and acci dent insurance in the state under the name of the Guarantee and Accident
Lloyds, New York. The Attorney General alleged that th ey were doing business without having complied with the
laws of the state or receiving proper authority from the state to do busine ss of that kind. The court found that
because the defendants were acting under mere association (as opposed to under d eclaration of trust), they were an
association unlawfully exercising a franchise within the state, acting as a corporation therein without being legally
incorporated. The court indirectly affirmed the well-unde rstood principle scarcely in need of restatement that
Express Trusts may engage in any manner of business allowe d to individuals a natural right. In fact, to restate this
principle over and over again would be “ostentatious.” Chisholm v. Georgia, 2 U.S. 419, 453 (1793).
As public policy is a form of regulation, it should be noted the case of Munn v. Illinois, 94 U.S. 113, 126 (1876) in
which the court expounded on the principle of regulation. Because the trust is of private property, and its business is
private as well, the trust business is not “affected with a public interest.” It does not become affected with a public
interest until the trustee participates in behalf of the trust in the unincorporated interstate banking association,
obtains a business license or other franchise, contracts unde r it, or conducts the private business of the trust in a
“manner to make it of public consequence, and affect the [14
th Amendment] community at  large. When, therefore,
one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in
that use and must submit to be controlled by the public [policy] . . . to the extent of the interest he has thus created.
He may withdraw his grant by discontinuing the use; but, so long as he maintains the use, he must submit to the
control.”
138See People v. Rose, supra.
137Pennsylvania Co. v. U.S., supra.

not disclose every immaterial fact regarding the trust, its declaration, and its affairs. The
first part of the due notice requirement can be sufficiently accomplished simply by
employing the designation “An Irrevocable Ex press Trust Organization,” or “An Express
Trust Organization,” or “A Trust Organiza tion,” or “Organized under Declaration of
Trust,” beneath or next to the trust’s name. It must not be excessively revealing about
the trust (the trustee has a duty to protect the privacy of the trust), but it also must not
be misleading (the trustee has a duty to not compromise the integrity of the trust, though
he is in no way prohibited from exercising the utmost shrewdness).140
The second is that he should stipulate in plain and certain language, in all written
contracts and obligations that the trust only is liable for it s obligations and that neither
the trustee nor interest-holders are to be hel d to any personal liability in the contract. 141
He may also wish to cite the provision of  the trust which so limits his and/or the
interest-holders’ liability, but this is o ften unnecessary. And the trustee should always
designate his title either under or immediately next to his name and signature.142
The trustee should obtain a mailing addr ess for the trust, and though he is the
principal and holder of the trust property, I would recommend that he refrain from mixing
the trust’s affairs with his ow n. He should also obtain a ll separate business necessities
(telephone service, etc.) for the trust. (I would argue that he should do these things
regardless of whether he is operating trust business or not. He should, for all intents and
purposes, maintain a strict separation of the trust’s identity from his own.)
LIMITING THE LIABILITY OF THE
TRUSTEE
IN ALL CONTRACTS, as we have already noted, though it is best to always apply it,
the trustee’s mere designation of title is not  sufficient to limit hi s liability. Instead, he
must employ the proper language either within the terms of the contract or above or
beneath his signature, or in  any proper place where it will appear unambiguously,
indicating something to the effect of—
y “The property and funds of the Trust Organization only  are liable for contract
obligations, individual Trustee(s) or interest-holders are not personally liable”;
y “John W. Doe, acting as Tr ustee under the Declaration of Trust dated October 1,
2005, establishing the Trust Organization therein called ABC123 Training Group and
not individually”;
y “John W. Doe as Trustee and not personally”;
y “As Trustee but not individually”; or
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142It has been suggested that whether the trustee designates his title or not, he is in-fact acting as trustee, because the
substance not the form is what controls. However, for security purposes, I would argue that the designation should
be applied in all situations, regardless. Doing so will avoid any superficial confusion.
141Id.
140See McCoy, supra at p. 1.

y “Without recourse to Trustee”.
Any form of words that will convey in certain, unmistakable language the fact to
the other contracting party t hat he is dealing with an Express Trust is sufficient notice
under the rule. Whether it is necessary to also  cite the provision of the trust instrument
which limits his liability is a decision left to the discretion of the trustee. To quote Mr.
Justice Woods in the case of Taylor v. Mayo:143 “If a trustee contracting for the benefit of
a trust wants to protect himself from indivi dual liability on the contract, he must stipulate
that he is not to be personally responsible, but that the other party is to look solely to the
trust estate.” And in the case of Shoe and Leather National Bank v. Dix144 the court held,
with regard to the promissory note made by the trustees under such limited liability, that
it was not within the power of the court to change the trust liability on the note into a
personal one of the trustees; that liability on a contract must be determined by the terms
of the contract itself; and that  a contract entered into under such limited liability (be it a
note, agreement, etc.) cannot be converted into one under per sonal liability by law. To
do so would be to alter the terms of the contract itself. (Furthermore, any such
stipulation is ultimately subject to the a cceptance of the other pa rty in order to gain
validity in the contract.)
OPENING A BANK ACCOUNT
THE TRUSTEE may open any business checking account, financial account, trust
account, etc., which he is authorized by dec laration to open, but he must keep in mind
that by doing so, the trust will be participating directly in t hat unincorporated interstate
banking association with all its limited-liability consequences described above. There is
only one type of account that avoids those consequences: the non-interest bearing
checking account. When utilized in conjunction with the following banking practices,
the trust and the trustee will rema in out of reach of the tentacles of public policy. Unless
the trustee intends to play within the system, the trustee should—
y Never contract for any credit cards, and if the trust has al ready obtained them,
rescind and cancel the contracts;
y Open a non-interest bearing checking account in order to avoid the “privileges and
immunities” associated with interest;145
y When transacting business, use that bank a ccount solely for depositing the checks
and keeping track of the trust funds;
y Never send or allow trust checks to be sent across state lines;
y Instead of writing checks, us e postal money orders or the bank’s corporate certified
checks or corporate money orders when sending interstate payments; and
y Use an Authorized Representative to establish the account on behalf of the trustee.
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145It should be noted that proof of th e operation of law in the manner descri bed in the preceding sections is that
banks are not required to obtain a soci al or tax identification number, a nd may accept any kind of identification
information they wish— only when opening non-interest bearing accounts.
144123 Mass. 148, 25 Am.Rep. 49.
143supra. Also see Mitchell v. Whitlock, 121 N.C. 166, 28 S.E. 292.

When opening the bank account (non-interest  bearing as well as any other), the
following must be provided—
1. The original, notarized letter of authorization  (or letter of introduction or a limited
power of attorney) if being opened by an Authorized Representative;146
2. A copy of the Affidavit of Trust;
3. A copy of the Trustee Appointment;
4. A copy of  the settlor’s acknowledgment of trust or Letter of Introduction
(introducing the trustee). There are us ually two introduction or acknowledgment
documents per trustee: one r egarding his fiduciary powers specifically addressed to
banking institutions and one regarding his general power to establish all other
accounts;
5. A copy of the recitals and signature pages of the declaration of trust . The bank
will almost always require evidence of a trust agreement, but the other documents
may be sufficient depending on who you ar e dealing with. If you can open the
account with only a few of the documents, great. Again, this is a non-interest bearing
checking account, so scrutiny is not a prio rity. Accounts such as this have been
downplayed by banks via advertised interest ra tes (on the indirect suggestion of the
Federal Reserve via public policy and manipul ation of the interest rates), so most
people would rather open accounts that appear  to have the prospect of interest
earnings; and
6. Only if necessary to obtain an EIN, a copy of the filed IRS Form SS-4.
Take into the account the st ate of ignorance of the law which prevails in America
today. Give only the information needed to  open the account, but do not arouse
suspicion or fear from lack of understandi ng on the part of bank employees. If you are
able to befriend someone in the in stitution who can establish the account more flexibly,
then do it. You must be shrewd in your me thods for establishing the account, since,
regardless of which bank y ou choose, you will be dealing with trained employees who,
usually, are just a few screws and bolts away from being human robots. You should
consult the business tactics of successful  negotiators, who will all attest that the
individual who needs the servic e is at the mercy of the provider, but the individual
whose confidence and attitude subtly convey that his business is in high demand is
given services, gifts, perks, not  to mention any kind of acc ount—anything just to get his
business. It is not my intenti on to state the obvious, for in all business dealings, which a
bank account is, one must be persuasive ( and even seductive) to get the desired
results. And don’t be hesitant to s hop around—negotiate—bend perception—create
competition.
In the event it becomes unavoidably nece ssary to the opening of a non-interest
bearing account or if the tr ustee does see fit to obtain an interest bearing or other
financial account, then he (or an Authorized Repr esentative) must apply to the IRS for
an Employer Identification Number (EIN) for banking purposes. This may be done in
one of the following ways:
WEISS’S CONCISE TRUSTEE HANDBOOK
26
146The Authorized Representative should set up a date with the bank for the trustee to come in and sign the bank
card and give identification. The trustee should sign as trustee under limitation of liability if possible.

y Instantly, via telephone from 7: 30 a.m. to 5:30 p.m. (local  time only) by calling the
Foreign Business Tax Line at (215) 516-3990;
y Instantly, online by going to http://www.irs.gov/EIN.org (or
http://www.irs.gov/businesses/small/article/0,,id=102767,00.html), clicking
“Apply ONLINE NOW,” and filling out the online Form SS-4 Application for Employer
Identification Number, and proceeding through t he prompts. (Be sure  to print all the
pages for the trust’s records); or
y By performing the same steps above, but instead of clicking “Apply ONLINE NOW,”
click “download the form SS-4,” fill it out, print it, then either:
y Send it via mail or carrier to  the proper regional office or else the one designated
for “entities with no legal residence, principal place of business, or principal office
or agency in any state”:
 Attn: EIN Operation
Philadelphia, Pennsylvania 19255; or
y Fax it to Fax-TIN at (215) 516-3990.
The form should be filled out according to the specifications of the trust. I have
provided an example of how it  has been filled out without a problem. In the event that
there is a problem and the fili ng office needs additional informa tion or clarification, they
will indicate what is needed, ei ther by fax, phone, or by mail, depending on the contact
information given to them.
With both telephone and online applications, the trust will immediately be given a
temporary EIN until the hard-copy application, which will be sent to the trust address for
completion and indorsement, has been returned to that office within 15 days of the
original online application. The EIN is valid 24 hours from  the moment the voice or
electronic application is submitted, but if the hard-copy application is not returned within
the 15 days, the temporary EIN will expire, and cannot be us ed. In fact, it is not
permanently registered into the Federal Tax ID database until the hard-copy has been
processed.
With faxed applications, the trust will be given a temporary EI N by fax within 7
days, which will become permanent once the hard- copy application is sent in via the
mail or carrier. And, with mailed in applic ations, the application is processed upon
receipt, and an EIN is issued via the mail wit hin 2 weeks. The other EIN application
offices based on region can be found at t he IRS internet address given above by
clicking “Where to File” in the side menu.
TRANSFERRING TRUST ASSETS
THERE ARE two principal ways to transfer asse ts into the trust. It may be done via
sale (in funds) or by exchange (based on the barter system). How it is done in any given
situation makes all the difference, and there are certain guidelines to follow to insure
that the transfer cannot be nullified and voided.
WEISS’S CONCISE TRUSTEE HANDBOOK
27

As a general rule, the trustee, as owner of legal title to the trust property, cannot
purchase the trust property for himself, nor convert it to his own use contrary to the trust
instrument. This is generally regardless of  whether the property was purchased at a
public, private or judicial  sale, instituted by him, 147 for he has the unfair advantage, and
any such sale, absent certain conditions, is deemed voidable ab initio, to be set aside at
the option of the beneficiary(s ). The only way the property may be obtained is where it
can be shown that the beneficiary(s) act ed intelligently, willfully, and without undue
influence arising from the trust relationship. 148 In order to sustain a sale of trust property
by the trustee to himself individually (on the ground that the interest-holder consented
thereto) the evidence must show the good faith of the tr ansaction, the adequacy of the
consideration, a full knowl edge of the facts, and an ind ependent consent on the part of
the interest-holder.149 He may, of course, buy trust pr operty in the discharge of his duty
to protect the trust. 150 These same principles apply to  the selling of the trustee’s
individual property to the trust, as well as to any barter between trustee and trust. (In the
case of exchange there is an additional option which the trust provides, though it is not
usually advisable to do so.) Simply put, if the contract is evidently “fair and reasonable,
untainted by fraud and undue influence,  [the] . . . conveyance of . . . property [by the
trustee sui juris to the trust or interest-holder sui juris, or vise versa] will be upheld.”151
The guidelines152 for insuring that any transaction or property transfer between
the trustee (or an agent) and the trust (or interest-holder) is non-voidable are that—
y The seller intends that the buyer shall buy, and the buyer intends that the seller shall
sell, or both parties intend that each shall exchange one item for the other;
y The seller, especially if trus tee, discloses to the buyer before the contract is made
every fact he has learned in his fiduciary re lation which is material to the sale or
exchange;
y The seller, especially if trustee, exercises the utmost good faith in the transaction;
y No advantage is taken by misrepresentation, concealment of or omission to disclose
important information gained as trustee (or agent); and
y The entire transaction is fair and open on its face.
Furthermore, the contract of transfe r need not be a complex document, so long
as the guidelines are strictly followed, with all necessary warranties made in the
documents themselves in order to legitimize  the deal. (I have provided a sample bill of
sale and asset purchase agreement in the sample forms section.)
WEISS’S CONCISE TRUSTEE HANDBOOK
28
152Per Byrne v. Jones, 159 Fed. 321 (C.C.A.8 (Ark.) 1908).
151Dunn, supra at ch. IV, § 44, p. 78.
150See Hardwicke v. Wurmser, 180 S.W. 455; He may also apply to a court of equity, showing good cause, to obtain
a decree for his purchasing of the property for protection purposes, if necessary.
149See Clay v. Thomas, 178 Ky. 199, 198 S.W. 762; and French v. French, 58 Ind.App. 621, 108 N.E. 786.
148See Swift v. Craighead, 75 N.J.Eq. 102, 75 A. 974.
147Since the trustee’s advantage comes by virtue of his office, it has been ruled that he may lawfully buy trust
property at a sale caused by a third party, over which he has no part in procuring and over which he can exercise no
control. See Steinbeck v. Bon Homme Mining Co., 152 Fed. 333 (C.C.A.8 (Colo.) 1907).

What’s more, there is an additional method by which the deal may be completed.
This is by way of assignment— either of  trustee compensation,  venture proceeds or
profits, or even the trustee’s separate employment wages /salary to the trust as value
consideration in the contract  of transfer. Whatever the object assigned, that the value
consideration shall be in the form of an a ssignment should be set forth as an express
term or provision in the doc uments evidencing the transfer. 153 A trustee may issue a
promissory note or bond to the trust, dividing his personal labor into shares of interest in
his trustee compensation, wages, salary, etc ., and assigning it to the trust in order to
complete the contract. To do this, in additi on to the note or bond, he must execute a
formal assignment, and then give his employer , payor, etc. notice and instructions to
send the instrument (check, money order, bills) to the trust, which is entitled to indorse
the instrument in the name of the individual trustee pe r the assignment (an authorized
signature). It may also be agreed that the trustee shall acc ept the payment personally,
then deliver and sign over  the instrument to the trust himself (a special indorsement).
The former is akin to a private (quasi) garnishment, in which the employer, payor, etc. is
noticed and instructed to send t he payment(s) directly to the trust, or deposit the funds
directly in the trust’s a ccount per the assignment. (I have also provided a sample
assignment and notice of assignment and instructions in the sample forms section.)
ISSUING CERTIFICATES & BONDS
AS DISCUSSED in the earlier section, the trustees may issue certificates of beneficial
or capital interest, or other obligat ions to any person whom they please. 154 There are a
total of 100 units of beneficial interest, and a separate total of 100 units of capital
interest in the trust. The trustees determi ne the number of units (percentage of total
interest) to be held by any one beneficiary, and may issue the full 100 units (100%) to a
single beneficiary. To issue a certificate of either interest, the trustees must act jointly as
the Board of Trustees, unless there is only one trustee for t he trust. They must execute
(draw up and indorse under seal 155), then deliver to the in terest-holder(s) the actual
certificate(s) evidencing the interest held. The Board sh ould also record minutes of the
meeting(s) in which it was resolved to iss ue the interest, and then record the act along
with the interest-holder(s)’ identification information in the appropriate schedule.
WEISS’S CONCISE TRUSTEE HANDBOOK
29
155All certificates and official documents should be executed under seal. The sealing of an instrument is prima facie
evidence that it has been duly executed. See Johnson v. Crawley, supra; and Mullanphy v. Schott, supra.
154It should be noted that a beneficial interest-holder, havi ng such an interest in the trust property, has an inherent
right to insist, in proper proceedings, that the trust be maintained and execu ted according to the terms of the trust
instrument. At law, the trustees are considered the owners of the trust property, yet, in equity, the beneficial
interest-holders are the absolute owners, hence their power to apply for the voiding of a voidable transaction or
transfer of property as mentione d in the preceding section. See Hill v. Hill, 152 P. 1122; Ex Parte Jones , 186 Ala.
567, 64 So. 960; and Cox v. Cox , 95 Va. 173, 27 S.E. 834. And a beneficiary may apply to the court of equity to
enforce their rights. See Bingham v. Graham, 220 S.W. 105.
153It should be noted that such an assignment can be done without any contract of transfer, rendering the object of
assignment a gift. But, given the trustee’s position, this is generally looked upon with great suspicion simply
because of the absence of apparent valu e consideration for the trustee (the trus tee would have to show that he gifted
the thing in the spirit of charity and a warm heart, for in stance). It gives the superfici al appearance that the actual,
ulterior motive was to avoid the liability of registered ownership, yet retain full and total ownership-in-fact, using
the trust as a device to accomplish this. The property transfer must be a bona fide transfer on its face.

With certificates of capital interest  the method is much different, though the
procedure is the same as that for the trust ce rtificates. Capital certificates work based
upon exchange with investors ca lled Exchangers, who may be any person the Board of
Trustees wishes to exchange with. The Boar d of Trustees dete rmines the number of
units to issue in exchange for the property proposed for investment into the trust. This is
a pure barter between the parti es, and whatever number of  units is agreed stands as
the value in exchange for the proposed property. 156 The exchanger must issue a written
Proposal (an example of which is provided in  the sample forms section), which must be
accepted by the Board of Trustees. An y negotiations which take place should be
recorded in the minutes in which it is resolved to either issue the interest or refuse the
proposal. If the Board of Trus tees has resolved to issue the interest and make the
exchange, the certificate(s) must be executed and delivered to the interest-holder(s),
and the property(ies) in exc hange must be delivered by the interest-holder(s) to the
Board of Trustees. The final act should be recorded along with the interest-holder(s)’
information, and the property inventoried, in their respective schedules.
With bonds, because a bond is merely an ob ligation or promise to pay money or
to do some act upon the occurrence of certai n circumstances, the trust need only issue
the bond according to the particular transacti on, e.g., to back t he performance of a
particular contract, to raise capital from outside investors in the form of “IOU’s,” etc. The
distinguishing feature of a bond is that the document show s an obligation to pay some
fixed amount of money or services, at a definite time, with stated interest. (I have
provided some samples for various uses in the sample forms section.)
Now, there is no rule against a trust ee (or agent) of the trust, exchanging his
individual property for capital interest in the trust. And there is no rule against the trustee
(or agent) holding beneficial interest either, though the holding of beneficial interest is
generally regarded with greater suspicion than that regarding capital interest. The actual
rule is that either trans action will be sustained as non-voi dable if it clearly appears free
of fraud, concealment, or undue advantage. 157 Any omission by the trustee (or agent) to
disclose any material fact of the deal which is learned by the trustee by virtue of his
office, and any misrepresentation, concealment, or other disregard of  condition renders
the issuance, exchange, and cont ract for it voidable at t he option of the beneficial
interest-holder(s). And one can wager that any accusation of invalidity of the trust by an
outside party will be made on t hose grounds as well—a mani festation of the general
suspicion.
This suspicion, however unreasonable without  regard to the particular merits of
the individual situation, stem s from the many Express Tr usts successfully dismantled
based upon the unscrupulous and often foolish failing of the Control Test by trustees. In
fact, the Express Trust graveyard is most ly populated with the dead corpuses of trusts
who died from this mistake. W hen a trustee holds all or a majo rity of interest (beneficial
or capital) in the trust, he is, in effect, an interest-holder exerci sing control over the
affairs and res of the trust. He derives the sole benefit of his actions, and determines the
WEISS’S CONCISE TRUSTEE HANDBOOK
30
157See Murry v. King, 153 Mo.App. 710, 135 S.W. 107; and Mills v. Mills, 63 Fed. 511 (C.C.Or. 1894).
156We have already covered the nature of the certificates in that previous section, so we won’t reexamine it here.

actions which would cause him to  derive that sole benefit. He is owner of the legal title
to the trust property as trustee, as well as owner of the equitable title to the property as
interest-holder. At best, the trust is hi s alter-ego, hence he may be proceeded against
as though the trust does not even exist. This  is why it is recommended that any
transfers between trustee (or agent) and the trust (or intere st-holder) be by sale as
prescribed according to the guidelines, thr ough a third party, or by outright exchange,
with all documents in support of  the transaction ready to repel the outside party who
might attempt to come in under the guise of the Express Trust’s Grim Reaper.
KEEPING MINUTES
AS MENTIONED EARLIER, it is the duty of the trust ee(s) to keep minutes for all
resolutions, decisions, and acts done in the admin istration of the trust. This is a form of
accounting, and may suffice as the accounti ng, however, it is recommended that some
separate, more detailed accounting always be kept.
It is generally best to keep minutes upon every Board of Trustees meeting, based
upon the notes or report taken dur ing the meeting, or, if there is only one trustee for the
trust, on a decision-to-decision basis. How o ften and by what protoc ol minutes are kept
is, of course, a matter of the tr ustee’s discretion. The rule of  thumb is that at least one
Board of Trustees meeting should be held (and the minutes kept) annually. They should
probably be held (and kept) at l east quarterly, in conjuncti on with all other accounting.
The more often the accounting,  the more up-to-date, accu rate, and reliable the records
in administering trust business. Everything the trustee does should be clearly reflected
in the minutes, which can be kept using any word-processing software (or even a
typewriter). The minutes are stored in succe ssion in the minutes book section of the
trust binder. (I have provided 15 samples of minutes for va rious acts and resolutions by
the Board of Trustees. The format and core language is always the same or similar.)
PREVAILING IN LEGAL AFFAIRS
HERE IS WHERE we shall get into legal action, the rare instance of public legal
affairs, such as defending a court action instituted against the trust (or trustee), a private
action against the trust (or trustee), etc., as well as the possible necessity of the trustee
to take a public (however rare) or priv ate (most preferable) action against an outside
party. The reader must keep in mind that the chances of an action being taken against a
trustee who has properly limited his liability without fail are slim to none. And if an action
is taken against him anyway, generally, such cases don’t make it past the crucial phase
of determining jurisdiction. When one exam ines the definition of jurisdiction, 158 the fog
begins to clear.
WEISS’S CONCISE TRUSTEE HANDBOOK
31
158It is defined as “[a] government’s general power to ex ercise authority over all persons and things within its
territory. . . . A court’s power to decide a case or issue a decree. . . . A geographic area within which political or
judicial authority may be exercised. . . . A political or judici al subdivision within such  an area.” Black’s Law
Dictionary, p. 855 (7th ed. 1999).

There are two territorial jurisdictions creat ed by the Constitution: the first is “the
Territory,”159 i.e., that designated porti on of the earth’s surface (the imperially extensive
real estate holdings of the nation) over which all power must be exercised within the
strict letter of the Constitution; the second is the “other Property,” 160 i.e., a territory
unincorporated (not included) in to the Union of states, ov er which all power may be
exercised strictly according to the mere “spi rit” of the Bill of Ri ghts as interpreted by
Congress outside the strict lette r of guarantees of the Consti tution and Bill of Rights. In
the former, the federal government can hav e no direct control over the people but by
way of bilateral contracts. But in the la tter, the federal government can have full and
direct control over people subj ect to its jurisdiction, “as they see fit, for the benefit of
public policy regulations (known as codes & statutes) of this jurisdiction.”161
Understanding that most courts  currently in business in  America are in fact, by
the 1933 change in the operat ion of law, courts of limited jurisdiction,162 limited to cases
involving subject-matter of the 14 th Amendment public trust, it becomes clear that
whether they are disti nguished as federal courts or stat e courts, such is a distinction
without a fundamental difference— they are inherently federal . In order to get at how
such courts may obtain jurisdiction over an Express Trust or its trustee(s) in a legal
action, the nature of jurisdiction should be briefly, but sufficiently examined.
First, a court must have three essentials : jurisdiction to de termine jurisdiction,
jurisdiction over the subject-matter of the case (i.e., it must have the power/competence
to decide the kind of controversy involved), and jurisdiction over the parties to the case
(i.e., in personam or personal jurisdiction to compel  the parties’ performance). If either
one is lacking in any way, the court is without power to decide the case; 163 and any
order, decree or judgment, ot her than a dismissal, by such a court is void ab initio,164
having only the semblance or appearance of validity,165 and may be attacked directly or
WEISS’S CONCISE TRUSTEE HANDBOOK
32
165See Mills v. Richardson, 81 S.E.2d 409 (N.C. 1954).
164See Holstein v. City of Chicago, 803 F.Supp. 205; Lubben v. Selective Service System Local Bd. No. 27,  453
F.2d 645 (C.A.1 (Mass.) 1972); Hobbs v. U.S. Office of Personnel Management,  485 F.Supp. 456 (D.C.Fla. 1980);
and In re Adoption of E.L., 733 N.E.2d 846, (Ill.App. 1 Dist. 2000).
163See Abelleira v. District Court of Appeal, 17 Cal.2d 280, 109 P.2d 942 (1941).
162Such courts are defined as having “[j]urisdiction that is  confined to a particular type of case or that may be
exercised only under statutory limits and prescriptions. Also termed special jurisdiction.” Black’s Law Dictionary,
p. 856 (7th ed. 1999).
161Brobst et al., supra, see footnote 126.
160Id. This “other Property” is known as “a territory”. Both “the Territory” and “other Property” signify property,
since the language in that section is not “the Territory or Property”—the operative word is “other”. Therefore,
“other Property” must be interpreted to mean “a territo ry,” as in a governmental subdivision which happened to be
called “a territory,” but which could have been called a “provi nce,” “colony,” etc. It refe rs to an incomplete state.
See Ex Parte Morgan , 20 Fed. 298, 305 (D.C.Ark. 1883); and O’Donoghue v. United States , 289 U.S. 516, 537
(1933).
159Art. IV, § 3, cl. 2 in reference to the incorporated “U nion” of states incorporated under clause 1 of the same
section. The Articles of Confederation were also incorporated into the Constitution under clause 1, and the Union of
states is also incorporated under the Articles of Confederation by reference.

collaterally and vacated at any time. 166 It is settled law that “a tribunal has jurisdiction to
determine its own jurisdiction,”167 which brings us to the remaining two elements.
Subject-matter jurisdiction is like t he hub around which the wheel turns: without
the hub, the wheel cannot turn with any real cr edibility. It is comprised of two parts: the
statutory or common-law authority of the court to hear the case and the appearance and
testimony of a competent fa ct-witness (i.e., sufficiency of  pleadings). It can never be
waived, and it cannot be obtained by lapse of time, consent of the parties, or any event
other than the sufficiency of pl eadings by the party bringing t he suit (i.e., the plaintiff
must sufficiently show beyond reasonable doubt that the court has jurisdiction to hear
the cause). However, alt hough it may have been established by the pleadings, it can
still be lost due to, inter alia—
y Fraud upon the court;168
y The judge’s failure to follow proper procedure;169
y The unlawful activity or undisclosed conflict of interest of the judge (e.g., involvement
in a scheme of bribery);170
y The court exceeding its statutory authority;171
y Violation of due process;172
y Improper representation of a party before the court, improper issuance of a
summons, or defective service of process;173
y Proper notice not being given to all parties by the movant;174
y The court basing its order or judgment upon a void order or judgment;175 and
y Violation of public policy.176
And when subject-matter jurisdiction is la cking or lost, the court must discharge
its ministerial duty to dism iss on that ground on its own mo tion, whether it has personal
jurisdiction or not.177
WEISS’S CONCISE TRUSTEE HANDBOOK
33
177See Morris v. Gilmer , 129 U.S. 315, 326-327 (1889). Once a judge has knowledge that subject-matter
jurisdiction is lacking, he has no discretion but to dism iss the action, and failure to do so subjects the judge to
personal liability.
176See Martin-Tregona v. Roderick, 29 Ill.App.3d 553, 331 N.E.2d 100 (1st Dist. 1975).
175See Austin v. Smith, 312 F.2d 337, 343 (C.A.D.C. 1962); and English v. English, 72 Ill.App.3d 736, 393 N.E.2d
18 (1st Dist. 1979).
174See Wilson v. Moore, 13 Ill.App.3d 632, 301 N.E.2d 39 (1st Dist. 1973).
173See Janove v. Bacon, 6 Ill.2d 245, 249, 218 N.E.2d 706, 708 (1955).
172See Johnson v. Zerbst, 304 U.S. 458, 58 S.Ct. 1019 (1938); Pure Oil Co. v. City of Northlake, 10 Ill.2d 241, 245,
140 N.E.2d 289 (1956); and Hallberg v. Goldblatt Bros., 363 Ill. 25 (1936).
171See Rosenstiel v. Rosenstiel, 278 F.Supp. 794 (D.C.N.Y. 1967).
170See Code of Judicial Conduct; and the Alemann cases, Bracey v. Warden, U.S. Supreme Court No. 96-6133 (June
9, 1997).
169See Armstrong v. Obucino, 300 Ill. 140, 143 (1921).
168See In re Village of Willowbrook, 37 Ill.App.3d 393 (1962); and Rook v. Rook, 353 S.E.2d 756, (Va. 1987).
167Albelleira, supra at p. 302.
166See People v. Rolland, 581 N.E.2d 907, (Ill.App. 4 Dist. 1991); People v. Wade, 506 N.W.2d 954 (Ill. 1987); and
In re Marriage of Welliver, 869 P.2d 653 (Kan. 1994).

Given the preceding sections on the uni ncorporated banking association under
H.J. Res. 192, and all of t he above regarding the “other Pr operty” nature of the states
today, it is easy to see why these courts are ipso facto  courts of limited jurisdiction,
having no jurisdiction over subject-matter in “the Territory”. But assuming for the sake of
explanation that subject-matter jurisdic tion did exist, then personal (or personal in
rem)178 jurisdiction over the trust and its trus tee(s) can only be obtained in four ways,
either by the trust’s or trustee’s—
y Presence179 (i.e., its/his being served with a c opy of the summons and complaint
while physically present in the forum jurisdiction);
y Domicile180 (i.e., residence alone is a basis for exercising jurisdiction. In the case of
corporations, domicile is the state in which they are inco rporated, and in the case of
Express Trusts, the place of their situs);
y Permission or Consent181 (i.e., a trustee either pers onally or on behalf of the trust,
having not been properly served, can nevert heless give the forum court permission
WEISS’S CONCISE TRUSTEE HANDBOOK
34
Permission/
Consent
Two Types of
Jurisdiction
1) Territorial
(Personal in rem)
quasi-in rem
(waivable)
2) Subject-matter
(never waived)
Pennoyer & Burnham
Presence & Service
required. Service by
publication not sufficient.
Helicopteros & Perkins
When Contacts are unrelated to
cause of action, then cause of
action must be sufficient that any
like defendant would expect to be
called into forum state’s court.
Worldwide Volkswagon
Trust must have purposely
availed itself of benefits &
services of the forum state.
International Shoe
Minimum Contacts may
establish jurisdiction if
systematic & continuous. Asahi Metals
A product is not a registered
agent for Service of Process.
There must have been an act
where the trust purposely
availed itself of benefits &
services of forum state
A. Purposeful Availment of the benefits of the   
    Forum State
y Special (Limited)
Contact itself gives rise to cause of
action (i.e.: a tort or contract)
y Product Liability (specific or general)
Expectation (purposely directed
toward the forum state)*
y General
Systematic & Continuous &
Substantial (know Helicopteros &
Perkins)
B. Reasonableness in Exercise of Jurisdiction
•     Burden on Defendant
•     Forum State Interests
•     Plaintiff Interests
•     Interests of Interstate Jurisdiction                
       System
*It should be noted that the word “toward”
implies a wider target than the word “at”
4 Ways to Obtain
Personal Jurisdiction
Domicile (i.e.: residence with
intention to make revenue
district domicile of the trust-
ZIP Code)
•   Registered
    Agent
•   Attorney        
    General
Traditional Notions
of Fair Play &
Substantial Justice
Minimum Contacts
(know Intern’l Shoe,
Helicopteros & Perkins)
2-step analysis
General Appearance
Corporation
Contract Clause
Presence
(know Pennoyer & Burnham)
Obtaining Jurisdiction Over the Trust
(or Trustee)
181See Hess v. Pawloski , 274 U.S. 352 (1927). Under this doctrine, a forum state can legislate that a nonresident
180See Milliken v. Meyer, 311 U.S. 457 (1941).
179The physical presence of a defendant in the forum is a sufficient basis for acquiring jurisdiction over him, no
matter how brief his stay might be, as long as it is served while present. See Pennoyer v. Neff, 95 U.S. 714 (1877).
178That is to say, “against the thing” as though it were a person vested with legal rights, as is the case with
proceedings against vessels under admi ralty-maritime law. In proceedings in rem , the standards of Int’l. Shoe
regarding fairness and substantial justice that govern in personam actions are applicable. See Shaffer v. Heitner, 433
U.S. 186 (1977).

to exercise jurisdiction. Depending on the act of the trustee, permission can be given
well in advance of any lawsuit filed and the consent can also be implied); and
y Minimum Contacts 182 (i.e., having sufficient dealings or affiliations with the forum
jurisdiction which make it reasonable to r equire the trust/trust ee to defend a lawsuit
brought in the forum state. If the state has no contacts, ties or relations with the trust
or trustee(s), personal jurisdicti on cannot be obtained in this manner). 183 The four
principles regarding minimum contacts are, that:
1. The trust’s or trustee’s activity must  be continuous and system atic in the forum
jurisdiction, and the cause of action must be related to that activity;
2. Sporadic or casual activity of  the trust or trustee(s) in  the forum jurisdiction does
not justify the exercise of jurisdicti on in a cause of action unrelated to that
activity;
3. If the trust’s or trustee’s contacts are su fficiently substantial and of such a nature
as to make the exercise of  jurisdiction reasonable, then general184 jurisdiction
may be exercised by the forum over the trust or trustee(s); and
4. If the trust’s or trustee’s activity is s poradic or consists only of a single act, then
specific185 jurisdiction may be exercised by the forum only when the cause of
action arises out of that activity or act.
Unlike subject-matter jurisdiction, once per sonal jurisdiction is obtained, it can
never be lost. And if the trust (or trust ee) permits or makes a general appearance, it
cannot be later denied. Contrary to the general appearance which constitutes consent,
the trust or trustee(s) may avoi d personal jurisdiction by making a special appearance
for the purpose of attacking the foru m court’s personal jurisdiction, 186 and may even
attack, so to speak, subject-matter jurisdic tion. Generally, a challenge to subject-matter
jurisdiction constitutes consent, a waiver of personal jurisdiction for the purpose of
WEISS’S CONCISE TRUSTEE HANDBOOK
35
186See Dickson v. Parker, 212 P. 42, 59 Cal.App. 778 (1922); and Brown v. Riner, 496 P.2d 907.
185This is defined as “[j]urisdiction that stems from the defendant’s having certain minimum contacts with the forum
state so that the court may hear a case whose issues arise from those [sp ecific] minimum contacts.” Black’ Law
Dictionary, p. 857 (7th ed. 1999).
184This is defined as “[a] court’s aut hority to hear all claims against a de fendant, at the place of the defendant’s
domicile or the place of service, without any showing that  a connection exists between the claims and the forum
state.” Black’s Law Dictionary, supra. In order for a court to assert genera l jurisdiction there must be substantial
forum related activity on the part of the trust or trustee(s). See Helicopteros Nacionales de Colombia v. Hall , 466
U.S. 408 (1984).
183The minimum contacts must have been had in the form of purposeful affiliation on the part of the trust or
trustee(s). See Hanson v. Denckla, 357 U.S. 235 (1958).
182See International Shoe Co. v. Washington , 326 U.S. 310 (1945). Under this doctrine, the trust or trustee who has
never set foot in the forum may nevertheless be subject to valid personal jurisdiction so as to be compelled to
defend a lawsuit there provided that it/he has minimum contacts with the forum such that would not offend
traditional notions of fair play and substantial justice.
motorist using its highways be deemed to have appointed a local official as his agent to receive service of process in
any action growing out of the use of the vehicle within the state. But the state must have provided actual notice of
this to the nonresident motorist beforehand. The obvious question is whether the trustee is a motorist, and whether
the automobile is a vehicle— there is a significant difference. Nevertheless, consent comes in the form of a general
appearance.

arguing the merits, but this doctrine does not  apply to cases involving Express Trusts
over which subject-matter jurisdiction clearly does not exist.187
With presence, the trust is created and functioning in “the Territory,” doing
business under the general common law, 188 not the private inte rnational law of the
unincorporated banking association. Presence can therefor e only be construed to exist
where the trust has become a member of the association via residence in a revenue
district (indicated by ZIP c ode) or is engaged in a particula r transaction. Even then, the
trust or trustee(s) must be “present” by me mbership or transaction in that particular
political subdivision (“State”) and given notice “reasonably certain”189 to reach them (i.e.,
service of process via either personal serv ice, substituted service, or constructive
service) as service by mere publication in  a newspaper of general circulation has been
held insufficient in such cases. 190 (And, as a side-note, me re physical presence in a
courtroom during some phase or proceeding does not constitute an appearance.)191
With domicile, the situs of the trust is in the united States of America, designating
“the Territory,” the Union of states as the land of which the common law is supreme law.
Unless the trustee(s), in behal f of the trust, adopts a prin cipal place in the “other
Property,” establishes a residence in a place subject to the federal jurisdiction with the
“intention to make it [its] domicile,” 192 personal jurisdiction is lacking in this respect. It
must purposely establish an address directly in a revenue district (e.g., via post office
box, or street address) to be liable in this way. But if  the trustee(s) contracts with a
private mail service provider or carrier , signing “without pr ejudice,” then personal
jurisdiction does not attach— this e ffects an exclusion of any third-party
intervenor/overseer, and reserves the obligat ion to the course of the common law of
contracts (i.e., bilateral contracts not trilateral ones).
With permission, it may seem tricky but it  is rather simple. Any answer to any
presentment from a forum jurisdiction cons titutes giving them permission to exercise
authority, unless it is s pecifically a special appearanc e for the sole purpose of
challenging their authority (personal jurisdic tion). If the trustee(s)  do not answer in
general, or subordinate themse lves, then consent has not  been given. And if the
WEISS’S CONCISE TRUSTEE HANDBOOK
36
192Black’ Law Dictionary, p. 1473 (4th ed. Rev. 1968).
191See Austin v. State ex re. Herman, 10 Ariz.App. 474, 459 P.2d 753.
190See Pennoyer, supra; and Burnham v. Superior Court of California, County of Marin, 495 U.S. 604 (1990).
189Mullane v. Central Hanover Tr. Co., 339 U.S. 306 (1950).
188The general law merchant is embraced under general co mmon law, i.e., the original and unique system of
commercial law in the American stat es, in which there is no commerce re gulation of Express Trusts accept in
connection with income derived from corporate stock and phy sical franchises under art. I, § 8, cl. 1 and 3 of the
Constitution. See William A. Fletcher, The General Common Law and Section 34 of the Judiciary Act of 1789: The
Example of Marine Insurance, 97 Harv. L. Rev. 1513, 1514 (1984).
187A challenge to the subject-matter jurisdiction of the court where it is clear on th e face of the record that
subject-matter jurisdiction is lacking is not inconsistent with a challenge to personal jurisdiction. Moreover, since
the court must dismiss on its own motion, an appropriate challenge to subject-matter jurisdiction aids the court in
performing its duty. The defendant should therefore be a llowed to point out lack of subject-matter jurisdiction
without making a general appearance. Judson v. Superior Court, 21 Cal.2d 11, 129 P.2d 361 is to the contrary, but it
has often been criticized (see 31 Cal. L. Rev. 342; 1 Witk in, Cal. Procedure (1954), § 76, p. 346) and is overruled.
Goodwine v. Superior Court, 63 Cal.2d 481, 485 (L.A. No. 28464. In Bank. Nov. 4, 1965).

trustee(s) (presumably under properly limited liab ility) enter into a contract under a
forum-selection clause, then the forum selected will have personal jurisdiction.
However, there are limit ations to what constitute enfor ceable forum clauses, for if the
clause is expressed in fine print, placed in the contract so as to avoid litigation, 193
unreasonable or ambiguous,194 not “fundamentally fair,”195 or if the clause could not have
been disputed without impunity as a part of a freely negotiated contract, then it is
invalid.
And with minimum contacts, the trust must  purposely avail itse lf of benefits and
services of the state 196 (e.g., operating a business via lic ense, “owning” property there,
contracting with the gover nment there, availing it self of benefits or services of the legal
system there—court actions, usi ng state property, utilizing polic e or fire services, etc.—
systematically and continuously , or sporadically but subs tantially enough so as to
warrant the trust or trus tee(s) being compelled to come into the forum). 197 I will not get
into diversity of citizenshi p here, though it is wholly important to subject-matter
jurisdiction in the federal courts, for it  is highly improbable t hat it would even be
necessary to bring it up in such an action,  given all of the abov e “legal weapons” with
which the Express Trust is naturally armed.198
As a final note, when the Express Trust is taking an action against an outside
party, the preferable method is via the Commercial Process, i.e., a private (out of court)
legal action instituted under the fundamental rules of commerce/trade (Business).
Lawsuits should be regarded as a la st resort to secure judici al enforcement of a private
administrative judgment, for public  suits confer full personal jurisdiction upon the court
(taking a claim to a legislative court avails  the trust of several benefits and services of
that forum, and thereby establishes a s ubstantial minimum contact). Even still, any
action for judicial enforcem ent of a private j udgment can be done out of court pursuant
to the Commercial Process. In private actions, the maxims of commerce, the foundation
of all commercial law and western legal systems, govern—
y A workman is worthy of his hire. Exodus 20:15; Lev.19:13; Matt.10:10; Luke 10:7;
and II Tim. 2:6. Legal maxim: “It is agains t equity for freemen not to have the free
disposal of their own property.”
y All are equal under the Law . Law of God — Moral and Natural Law; Exodus
21:23-25; Lev. 24:17-21; Deu t. 1:17, 19:21; Matt. 22:36- 40; Luke 10:17; and Col.
3:25. Legal maxim: “No one is above the law. ” “Commerce, by the Law of Nations,
WEISS’S CONCISE TRUSTEE HANDBOOK
37
198A good case to review regarding the rule of “complete diversity” is Strawbridge v. Curtiss, 7 U.S. 267 (1806).
197See Helicopteros, supra; and Perkins v. Benguet Consol. Min. Co., 342 U.S. 437 (1952).
196See World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286 (1980); Asahi Metal Industry Co., Ltd. v. Superior
Court of California, Solano County, 480 U.S. 102 (1987); also see Dick Lancial, Benefits Accepted = Jurisdiction.
195Carnival Cruise Lines, Inc. v. Shut e, 499 U.S. 585, 595 (1991); Hodes v. S.N.C. Achille Lauroed Altri-Gestione ,
858 F.2d 905, 908 (C.A.3 (N.J.) 1988); and Shankles v. Costa Armatori, S.P.A. , 722 F.2d 861, 866 (C.A.1 (Puerto
Rico) 1983).
194See Deiro v. American Airlines, Inc., 816 F.2d 1360, 1364 (C.A.9 (Or.) 1987).
193See Johnson and Johnson v. Holland America Line-Westours, Inc., 557 N.W.2d 475.

ought to be common, and not to  be converted into a m onopoly and the private gain
of a few.”
y In Commerce Truth is Sovereign . Exodus 20:16; Ps. 117:2;  John 8:32; and II Cor.
13:8. Legal Maxim: “To lie is to go against the mind.” Oriental  Proverb: “Of all that is
good, sublimity is supreme.”
y Truth is expressed by m eans of an affidavit . Lev. 5:4-5; Lev. 6:3-5; Lev.
19:11-13; Num. 30:2; Matt. 5:33; and James 5:12.
y An unrebutted affidavit sta nds as the Truth in Commerce . 1 Pet. 1:25; Heb.
6:13-15. Legal Maxim: “He who does not deny, admits.”
y An unrebutted affidavit beco mes the Judgment in Commerce . Heb. 6:16-17.
Any proceeding in a court, tribunal, or arbi tration forum consists of a contest, or
“duel,” of commercial affidavits wherein the points remaining unrebutted in the end
stand as the truth and the matters to which the judgment of the law is applied.
y A matter must be expressed to be resolved . Heb. 4:16; Ph il. 4:6; and Eph.
6:19-21. Legal maxim: “He who fails to assert his rights has none.”
y He who leaves the field of battle first loses by default . Book of Job; and Matt.
10:22. Legal maxim: “He who does not repel a wrong when he can, occasions it.”
y Sacrifice is the measure of credibility . One who is not damag ed, put at risk, or
willing to swear an oath on his commercial liabilit y for the truth of his statements and
legitimacy of his actions has no basis to a ssert claims or charges and forfeits all
credibility and right to clai m authority. Acts 7, Life  and Death of Stephen. Legal
maxim: “He who bears the burden ought also to derive the benefit.”
y A lien or claim can be satisfied onl y through rebuttal by counter-affidavit
point-for-point, resolution by jury, or payment . Gen. 2-3; Matt. 4; and
Revelations. Legal maxim: “If the plainti ff does not prove his case, the defendant is
absolved.”
MAINTAINING PROPER I.R.S.
RELATIONS
LAST BUT NOT LEAST, due attention must be paid to the Internal Revenue Service,
for they are the lawful, legal  entity, duly authorized to colle ct association dues (income
taxes) from 14 th Amendment citizens and other per sons volunteering and availing
themselves of the nonpayment of debt “priv ileges and immunities” under H.J. Res. 192,
12 USC § 95a, and 15 USC, ch . 41, § 1602(c)(d)(e). “They are considered as a
debtor/creditor in a social security asso ciation (unchartered, unincorporated commune)
whereby each person insures everybody else in the association by agreeing never to
demand payment for debts. [It is] [u]nder th is volunteer arrangement [that] these
persons become primarily a U.S. citizen, secondarily a state citizen, ‘subject to’ [C]lause
1 of the 14th Amendment, while the literal 10th Amendment rights are forfeited.”199
 Persons under this system have only relati ve rights to life, liberty, and property,
as they are converted into “privileges and immunities” and “civil rights”. As debtors, they
WEISS’S CONCISE TRUSTEE HANDBOOK
38
199Brobst et al., supra.

have no absolute literal property ownership, for it has thus been converted to mere
privilege of possession. 200 Plainly put, IRS taxes serve the function of dues for the
privileges and immunities associated with parti cipating in the “feder ated unincorporated
interstate banking association for the non ‘Payment of Debts.’” 201 What’s more, the
collection of income taxes is crucial to maintaining order within the association, more so
than for any proposed funding of the association.
202
But that has no bearing on a properly created and administered Express Trust. It
is well-settled that a trust, cr eated by parties not availing t hemselves of such privileges
and immunities, is not illegal even if formed for the purposes of limiting or avoiding taxes
altogether.203 Nor is the Express Trust subject to federal excise taxes imposed on
corporations.204 Nor is an Express Trust taxable merely because it possesses all the
accessory powers possessed by corporations. 205 Nor can the dignity of its trust
instrument be set aside simply because a “tax  benefit” results, whether by design or by
accident.206 Frankly, unless it incurs a tax liability in the United States  via a valid forum
clause in a contract, membership in the unincorporated banking association, becoming
an employer, employee, or work er, or corporate ent ity, deriving income  from corporate
stocks or physical franchises, accepting ot her “privileges and immunities” under the 14 th
Amendment, or availing itself of  any other services or benef its of public policy invoking
the doctrine of reciprocity, it has nothing to do with the IRS.
However, as it might st and as a beacon of organizational  liberty, the IRS has a
reasonable interest in making sure the Express Trust example does not upset
compliance on the part of the participants in the system, and the IRS, thus, takes every
precaution to shoot down trusts of any ki nd which even hint at having origins lying
outside of its jurisdiction, i.e., the “other Property”. The IRS also takes every opportunity
to construe every instance (however rare) in which such a trust is dismantled in court as
being attributable to some pur ported inherent unlawful nature of non-statutory trusts,
going so far as to classify all as “abus ive trusts,” though any trust (statutory or
common-law, express, implied, resulting or constructive) which abuses the fundamental
WEISS’S CONCISE TRUSTEE HANDBOOK
39
206See Edwards v. Commissioner, 415 F.2d 578, 582, (C.A.10 (Okl.) 1969).
205See Phillips v. Blatchford , supra; Gleason v. McKay , 134 Mass. 419 (1883); O’ v. Somerville , 190 Mass. 110
(1906); and Opinion of the Justices, 196 Mass. 603, 627 (1908). Also see The Personality of the Corporation and
the State, 21 L. Qtly. Rev. 365, 370 (Oct. 1905).
204See Eliot v. Freeman, supra.; and Maine Baptist Missionary Convention, supra.
203See Weeks v. Sibley, supra; and Phillips v. Blatchford, supra.
202“If . . . government refrains from regulation [i.e., taxes] . . . the worthlessness of the money [i.e., credit] becomes
apparent, and the fraud upon the public can be  concealed no longer.” John Maynard Keynes , The Economic
Consequences of the Peace , p. 225 (1920 ed.). It has been argued that in 1930s America, with the outcry for
quick-fixes as opposed to independent recovery, the public  requested (democratically) any “fraud” which might be
construed to have occurred, and is therefore a party to it, collaterally.
201Brobst et al., supra at p. 14.
200“Debts . . . are not the property of the debtors; they are obligations of the debtors, and only possess value in the
hands of creditors. With the creditor they are property [absolute][.]” Jones v. New Pittsburgh Courier Pub ., 364
A.2d 1315, 469 Pa. 157, quoting In re State Tax on Foreign-Held Bonds , 82 U.S. 300, 320, 21 L.Ed. 179 (1872).
Also see Beale, supra at p. 114.

principles upon which equity rests is, tec hnically, abusive. Yet, they never speak of
them. The reader should be k een to know how to discern  good information from dis-
and misinformation.
In the event that the IR S takes an action against a pur ported “common law trust”
or “pure trust,” (a.k.a. “poor tr ust”) it is generally a lawful action, actually in response to
some unlawful activity on the part of the parties or defect in their relation. And your
author has never seen an action taken against a properly drawn Express Trust, i.e., one
drafted from the perfected l anguage and form of that “best legal talent” to which the
power and superiority of the Express Trust is attributed.  Even in those cases, a
thorough analysis of jurisdiction, such as the one treated in the previous section, sheds
light on the blatant lim itations of the IRS’s jurisdicti on. The fact that they manage to
establish subject-matter jurisdiction and personal in rem  jurisdiction attests to the
ignorance of the defendants, and indeed, personal jurisdiction usually would never have
been obtained without the defendant s’ unwitting consent. 207 It is no secret that all
actions of the IRS are commenced as proceedings in admiralty.208
CONCLUSION
THE ONLY WAY to thrive in twenty-first centur y America is to “own nothing and
control everything.” And though any  trustee is the legal owner  of the property in trust,
the trustee(s) of Express Trusts  do not experience the incidents of personal ownership
due to properly limited liability via trust instrument and the utter shrewdness of the
trustee(s). It is this limited liability that makes the Expre ss Trust equal to a corporation;
but it is the flexibility of choice of whet her to function in the common law venue with
absolute rights in commerce under the general law-merchant or in the Roman civil law
venue with only relative rights in commerce under  private international law that makes
the Express Trust, inter alia, far superior and unique. Under the aegis of the Express
Trust, the trustee is clothed in  a veil impenetrable but  from within. This suit of armor is
the trust instrument, which molds to the trus tee in all his good-faith dealings in behalf of
the trust, fully compensating him for his serv ices, privileging his use of trust property,
and enabling his exercise of creativity in business endeavors, all without the excessive
weight of inquisitorial legislation. When one is trustee, he is in a fiduciary position looked
upon with respect for the integr ity inherent in the position.  This has always been the
case, except where the power has been abused. But even so, hi story is clear that there
are far more abuses of power via corporations than Express Trusts.209
Given the statistics, and t he fact that all government s in twenty-first century
America are corporati ons themselves, it becomes clear that the extensive recognition
WEISS’S CONCISE TRUSTEE HANDBOOK
40
209See Chandler, supra at p. 10, et seq.
208It is highly recommended that the reader read Are You Lost At Sea (1995), available at
<http://www.friends-n-family-research.info/FFR/Merrill_AreYouLostAtSea.pdf> (last visited Aug. 10, 2005).
207In fact, Judge Robert H. Bork, from whose name the phr ase “bork’d in the senate” was derived, is reported to
have openly acknowledged, during one of his Senate confirmation hearings, that every prisoner in America today is
there because he gave his permission to be imprisoned, in  one way or another. (Supposedly, this is the reason why
the Senators “bork’d” him so badly.)

given to corporations by the state is simply because of the special-interest relationship
between the two. In a way, it is the same relationship between the “John” and the
prostitute,210 and it is therefore in  the best interest of the pros titute to take measures to
keep the “John” in business in order to indire ctly protect her own “job security”. This is
the cause for the general sent iment towards Express Trusts  operating in the statutory
world. It is this relationship that has bred the irrational view that “ some trusts have been
created independent of  statute; some non-statutory trusts are said to have done harm;
therefore public policy demands that hereafter all trusts shall be regulated.” The
irrationality of this line of reasoning will be more apparent if the syllogism is paraphrased
thus: “some lawyers have been Presidents of the United States; some Presidents are
said to have done harm; therefore public policy demands that hereafter all lawyers shall
be prohibited.”
The bottom line is that the Express Trust relation is t he most flexible means to
owning nothing and controlling everything, and when utilized shrewdly, affords its
participants with all the i ngredients to live well, naturally. It is also true that no matter
how many arguments are m ade against the Express Trus t, the learned reader will
always see through the propaganda and spin, k nowing from his own knowledge and
independent study that an Express Trust, in reality, can only fail due to some misgiving
or impropriety on the part of the trustee— the trustee must also trust himself.
WEISS’S CONCISE TRUSTEE HANDBOOK
41
210Governor Fernald of Maine, in his address to the Maine Legislature in 1909, referring to reformation of the
corporation laws said, “[w]hile it is true that the State is receiving large revenue from this source, it is also true that,
in a considerable measure, it is the price of prostitution . I hope you will take steps to remodel them, along evident
lines of reform, thus restoring to Maine her self-respect.” [Italics emphasis added.]

SAMPLE FORMS
Asset Purchase Agreement
Assignment
Authorized Representative Contract
Authorized Representative Introduction Letter
Authorized Representative Letter of Authorization
Authorized Representative Limited Power of Attorney
Basic Management Agreement
Bill of Sale
Bonds
Exchange Proposal
IRS Form SS-4 Sample
IRS Form SS-4 (with instructions)
Lease Proposal
Minutes of Meetings
Motor Vehicle Lease Agreement
Notice of Assignment and Instructions for Payment
Private Property Bill of Exchange Contract
Property Management Agreement
Standard Independent Contractor Agreement
Universal Independent Contractor Agreement
WEISS’S CONCISE TRUSTEE HANDBOOK
Appendix
If the trustee wishes to have minutes, forms, special documents,
contracts or agreements pertaining to specific trust affairs prepared for
them, NACRS can do so for a service fee.
For private actions, NACRS offers a ComPro CD-ROM containing the
Commercial Process complete with a 60-minute Macromedia Flash
presentation, step-by-step guidelines, charts, case law, crucial
supplemental materials, and over 100 editable sample forms
in rich text format.
For more information, visit us online at:
http://www.nacrs.org
Or contact us by telephone or e-mail:
(702) 357-8830 • contactus@nacrs.org

ASSET PURCHASE AGREEMENT
THIS ASSET PURCHASE AGREEMENT  (this "Agreement") is made and entered
into as of this 30th day of April, 200X (the "Effective Date") by and between John W. Doe ,
individually and in his personal capacity ("Seller") and  ABC123 Training Group, an Express
Trust Organization ("Buyer") with the express written consent of  Susan Q. Public  and Jane A.
Doe, Beneficiaries.
RECITALS:
A. Seller wishes to sell the personal property, in “as-is” condition
identified in Exhibit A (“Assets”), a ttached hereto and incorporated by
reference.
B. Buyer wishes to purchase the Assets in as-is condition.
C. Seller desires to sell to Buyer, and Buyer desires to purchase from
Seller the Assets on the terms, conditions, and warranties as set forth
herein.
IN CONSIDERATION OF  ten and no/100 dollars, the foregoing and the mutual
promises and warranties contained herein, a nd good and other valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, Buyer, Seller and Physicians agree as
follows:
1. CLOSING AND POSSESSION.  The sale of Assets shall be effected as of
the Closing Date by Seller's execution and delivery of a bill of Sale (the "Bill of Sale") and
other instruments of conveyance and transfer r easonably necessary to effectively transfer to
Buyer all of Seller's right, title and interest in  the Assets. At the Closing, Seller shall sell,
transfer, convey, assign and deliver good title to the Assets pursuant to the instruments of
conveyance (i.e., the Bill of Sa le), free of all liens, encumbrances, claims, and any other
restrictions whatsoever.
2. ASSETS TO BE PURCHASED.  On the Closing Date, Seller shall sell to
Buyer, and Buyer shall purchase from Seller, th e Assets listed on Exhibit "A" attached hereto
and made a part hereof in accordance with the provisions of this Agreement.
3. PURCHASE PRICE.  The total purchase price for the Assets is $750,000.00
payable to Seller (the "Purchase Price") as follows:
[here enter method of payment, e.g., by promissory note, bond, installments, etc.]
4. REPRESENTATIONS, WARRANTIES, COVENANTS AND
DISCLOSURES OF  SELLER.  Seller represents, warrants, convenants, and discloses to
Buyer, and understands that Buyer will rely on su ch representations, warranties, covenants and
WEISS’S CONCISE TRUSTEE HANDBOOK
Sample Asset Purchase Agreement — Page 1 of 4

disclosure of Seller, as follows:
a) Seller has all requisite power and authority  to own the Assets, to enter into this
Agreement, and to consummate the transactions contemplated by this Agreement, and
does so willingly and freely. Entering into th is Agreement and carrying out the actions
provided for in this Agreement will not cause Seller to be in breach or violation of any
other agreement or legal obligation;
b) Seller, by his position as Trustee of ABC123 Training Group , (hereafter “the
Trust”) has learned of Buyer’s total ava ilable funds, which exceed the value of the
Assets. Furthermore, Seller is aware that B uyer is not privy to Seller’s total costs and
profit potential in the transaction contemplated by this Agreement;
c) Seller, in the transactions contemplated  by this Agreement, has exercised no unfair
advantage gained by his position as Trustee of the Trust, either by way of
misrepresentation, concealment of, or omi ssion to disclose important information
obtained by his position.
d) Seller is not aware of any liens and incumbra nces on the Assets as of the date of this
Agreement, or that any liens or incumbran ces are likely to occur against the Assets at
some future point;
e) The fair market value of the Assets bei ng sold “as-is” is no less than the Purchase
Price.
f) Seller has not assigned, transferred or given as collateral to any party other than
Buyer any right or interest of Seller in the Assets;
g) Seller is not aware of any actual or poten tial claims against the Assets that would
delay the closing of the distribution(s) of  the Trust and/or materially reduce Seller’s
Interest;
h) Seller is not and shall not be a party to any agreement or transaction that could have
the effect of impairing Buyer's right to recei ve distribution(s) from the Trust up to the
full value of the Assets;
i) To the best of Seller's knowledge and belief,  the fair market value of the Assets are
as represented in Exhibit "A" and any additional documents provided by Seller;
j) There are no facts or circumstances known to the Seller that may adversely affect
the value of the Assets or pr event or delay the distributi on of Trust cash or assets to
Seller;
k) If Seller’s interest in the Assets arises out of a Will, Seller is the individual referred
to in the Will and Seller is not aware of any person(s) who has (have) or may contest
Seller’s entitlement under the Will, the validity of the Will, or the distribution of assets
of that Estate as provided for in the Will;
l) Seller has not entered into this Agreement with any intent or purpose to avoid or
defraud any creditor of Seller;
m) Seller does not now or in the immediat e future contemplate filing for bankruptcy
and has not consulted any lawyer or other professional regarding the possibility of a
bankruptcy filing, assignment for the benef it of creditors, or any other insolvency
proceeding. In the event that Seller should file for relief under Title 11, United States
Code, Seller acknowledges that Buyer shall be  entitled to enforce all its rights as a
creditor secured by a lien on all of Seller’s dist ributions from that Estate pursuant to 11
WEISS’S CONCISE TRUSTEE HANDBOOK
Sample Asset Purchase Agreement — Page 2 of 4

U.S.C. § 506, including rights to seek adequate protection of such interest as defined by
11 U.S.C. § 361; and
n) Buyer is entitled to rely on each and every of the representations and warranties set
forth in subparagraphs (a) through (m), above.
5. ADDITIONAL PROTECTION FOR BUYER.  Seller grants Buyer a security
interest in all of Seller’s Estate, including Selle r’s interest in other estates, as collateral to
secure payment of the value of the Assets and any damages, expenses, costs and fees to Buyer
for any default of this Agreement by Seller. Buyer may at any time file a UCC-1 or other
documents perfecting Buyer’s security interest (s) pursuant to this Agreement. Buyer will
release the UCC-1 when the value of the Assets  and, if applicable, damages, expenses, costs
and fees have been paid in full to the Trust.
6. CLOSING DOCUMENTS AND PROCEDURES.  At the Closing, the
parties shall deliver to each other the following:
a. Bill of Sale. Seller shall sign and deliver to Buyer the Bill of Sale.
b. Payment. Buyer shall pay the certain amount of $750,000.00, and such
other documents, instruments, and confirmati ons as the parties may reasonably request to
effectuate and consummate fully the transac tions contemplated by this Agreement.  [or
whatever documents or payment instruments agreed to in item # 3]
7. BROKERAGE.  No agent, broker, person, finder or firm acting on behalf of
Seller or under its authority is or shall be en titled to any commission or broker's fee or finder's
fee from Buyer or Seller in connection with any of the transactions described in this
Agreement. Seller and Buyer each represent and wa rrant to the other that they have not dealt
with any broker, finder or other person entitle d to any broker's or finder's commission, fee or
other similar compensation in connection with the transactions contemplated by this
Agreement. 
8. MISCELLANEOUS.
a. Complete Agreement. This Agreement and the exhibits hereto contain
the final, complete expression of the understanding among the parties with respect to the
transactions completed by them and supersed es any prior or contemporaneous agreement,
representation or understanding, oral or written, by any of them. The terms and provisions of
all exhibits (as set forth in the table of contents) are incorporated into this Agreement.
b. Attorneys' Fees and Costs. In any action or dispute, at law or in equity,
that may arise under or otherwise relate to this Agreement, including, but not limited to any
action regarding non-competition, the prevailing pa rty shall be entitled to reimbursement of its
attorneys' fees, costs and expenses from the non-prevailing party.
c. Assignability; Successors and Assigns.  This Agreement is not
WEISS’S CONCISE TRUSTEE HANDBOOK
Sample Asset Purchase Agreement — Page 3 of 4

assignable by any party without the prior written consent of all of the parties, and any
attempted assignment without the prior written cons ent of the other parties shall be invalid and
unenforceable against the other parties.
d. Governing Law and Forum.  This Agreement is governed by the
general common law of contracts. Any disputes  under this Agreement, or any action taken to
enforce or determine the rights and obligations  of the parties under this Agreement must be
brought in the appropriate federal or state court located in [state wherein obligation was made].
The parties hereby submit to the jurisdiction, and waive any objection to the venue, of such
courts.
e. Binding Effect.  This Agreement shall be binding on and inure to the
benefit of the parties and their respective succe ssors-in-interest, heirs, successors and assigns.
All parties bound by this Agreement shall take a ny and all actions necessary or appropriate to
effectuate the Agreement's purposes and provisions.
THE PARTIES HERETO have executed this Agreement on the day and date first wr itten
above.
SELLER: BUYER:
John W. Doe , As an Individual ABC123 Training Group
By:
_________________________________ _________________________________
Authorized Representative
I/We, Jane A. Doe  and Susan Q. Public , as Beneficiaries of BUYER, do hereby consent, freely, willfully,
intelligently, independently, and without undue influence of Seller or Authorized Representative, to the
transaction contemplated by this agreement on this _____ day of ____________________, 200X.
_________________________________ _________________________________
Jane A. Doe Susan Q. Public
State of ______________ )
)ss.
County of ____________ )
On this ______ day of _________________, 200X A.D., before me, a Notary Public, came Jane A. Doe and
Susan Q. Public as the Beneficiaries, John W. Doe as an Individually, and ____________________ as Authorized
Representative, and acknowledged the signing thereof to be their voluntary act and deed. IN TESTIMONY
WHEREOF, I hereunto subscribe my name and affix my notarial seal on the day and date aforesaid.
_________________________________________ Notary Public
My Commission Expires: ____________________
(stamp) (seal)
WEISS’S CONCISE TRUSTEE HANDBOOK
Sample Asset Purchase Agreement — Page 4 of 4

ASSIGNMENT
I, John W. Doe , as an individual, hereafter referred to as “ASSIGNOR,” herewith
unconditionally assign all of my right, title and interest in an expectancy of salary from my
employment as Chief Financial Officer of XYZ Corp. 1  to ABC123 Training Group, an Express
Trust Organization, hereafter referred to as “ASSIGNEE,” under the terms and conditions stated
herein for and in consideration of the bill of sale and asset purchase agreement dated (day,
month), 200X I have with ASSIGNEE.
The amount of this assignment (“Assignment Amount”) is $750,000.00 USD. Said assignment is
made without guarantee of specific amounts, if any, to be received in any given pay period.
2
The ASSIGNEE shall withhold and pay, and fully  indemnify ASSIGNOR from all applicable
federal, state or other applicable taxes, if  any, owed by ASSIGNOR, in cluding sales tax. Upon  
request ASSIGNEE shall provide ASSIGNOR with an opinion of counsel acceptable to
ASSIGNOR that such liabilities have been satisfied.
Dated: ____________________
ASSIGNOR: ASSIGNEE:
___________________________________ By_________________________________
Authorized Representative
State of ______________ )
)ss.
County of ____________ )
On this ______ day of _________________, 200X A.D., before me, a Notary Public, came John W. Doe  as an
Individually, and ____________________ as Authorized Repr esentative, and each acknowledged the signing
thereof to be his voluntary act and deed. IN TESTIMONY WHEREOF, I hereunto subscribe my name and affix my
notarial seal on the day and date aforesaid.
_________________________________________ Notary Public
My Commission Expires: ____________________
(stamp) (seal)
WEISS’S CONCISE TRUSTEE HANDBOOK
Sample Assignment
2 This can be modified to accommodate a situation in which the specific amounts expected are set certain.
1 Or compensation as trustee of ABC 123 Training Group, or the proceeds and profits from my business venture of
(day, month), 200X, etc. It could be whatever.

AUTHORIZED REPRESENTATIVE CONTRACT
INDEPENDENT CONTRACTOR AGREEMENT
THIS CONTRACT (“Agreement”) is made on this 30th day of April, 20__, by and
between the Board of Trustees  of ABC123 Training Group , an Irrevocable Express Trust
Organization, hereinafter referred to as the “BOARD,” “TRUST,”  or “ ABC123 Training
Group” and Jim Aaron Dean  in care of 1234 Number St., Cleveland, Ohio, near [98765] ,
hereinafter “Authorized Representative,”1 and collectively referred to as the “Parties.” 
WITNESSETH:
WHEREAS, the TRUST has certain duties, responsibilities, and obligations which the
TRUST desires to delegate to another, specifi cally to the Authorized Representative for a
twenty-five (25) year limited period of time,  and on the terms and conditions, and for the
consideration hereinafter set forth; AND WHEREA S, the Authorized Representative is qualified
to provide such management services and desires to provide such services to the TRUST on such
terms and conditions and for such consideration.
NOW THEREFORE, in consideration of the foregoing and the covenants and agreements
contained herein, the receipt and sufficiency of which are hereby acknowledged, and the Parties
hereto, intending to be lawfully and legally bound, agree as follows:
STATEMENT OF AGREEMENT
ARTICLE I
AFFILIATION AND DUTIES
1.1 Affiliation; Effective Date . The BOARD agrees to engage the services of the
Authorized Representative, and Authorized Representative agrees to provide services to the
TRUST, commencing as of the date of this Agreement subject to the terms and conditions of this
Agreement.
1.2 Position
. The TRUST shall engage the services of Jim Aaron Dean  in the
position of Authorized Representative. As such, the Authorized Representative shall have the
responsibilities, duties, and authority enumerated under the Articles of Indenture (Trust
Indenture No. 123456789) of the TRUST as well as thos e customarily pertaining to such
position consistent with such a Trust Organizati on and such other services as may be requested
of the Authorized Representative by the TRUST.
1.3 Primary Duties and Services
.
(i) The BOARD hereby appoints the Au thorized Representative to be
the day-by-day manager with respect to any and all dealings, business or
WEISS’S CONCISE TRUSTEE HANDBOOK
Sample Authorized Representative/Managing Agent Contract — Page 1 of 6
1 This form can be modified for Managing Agents.

otherwise, the TRUST may have. Th e BOARD does so for the purpose of
providing for a day-by-day manager to be  solely responsible for any and all
activities of the TRUST.
(ii) The Authorized Representative agrees to serve in said position and
to perform diligently and to the best of  Authorized Representative’s abilities said
duties and services referred to in Section 1.2, and in such a manner as the
Authorized Representative deems advisable within the parameters as established
and acceptable to the TRUST, as well as, such additional duties and services
appropriate to such position which the Parties mutually agree upon from time to
time.
(iii) The Authorized Representative shall have the ability and authority
to perform such duties in  accordance with the Authorized Representative’s sole
judgment and discretion.
(iv) The Authorized Representative shall be solely responsible for
obtaining and maintaining all appropriate  information concerning the day-by-day,
as well as business plans and future activities of the TRUST.
(v) The BOARD does hereby transfer all absolute authority to the
Authorized Representative to manage the business and day to day operating
affairs of the TRUST.
1.4 Other Interests
. During the period of time as set forth in this Agreement,
the Authorized Representative shall have full discretion to devote as much time and effort in
performing his/her duties as the Authorized Representative deems necessary in order to carry out
and maximize Authorized Representative’s performance hereunder. The Authorized
Representative may engage, directly or indirectl y, in other related business’ that do not conflict
with the Authorized Representative’s duties he reunder and/or the business of the TRUST. The
foregoing limitations shall not prohibit the Author ized Representative from serving in other
capacities for other organizations, or on the board s of other organizations, provided that the
Authorized Representative’s service in such ot her capacities for such other organizations and/or
on such boards is not adverse to the interests of the TRUST.
1.5 Independent Status
. The Authorized Representative shall be maintained as an
independent contractor for purposes of taxati on and liability. The Authorized Representative
shall be solely responsible for any and all wit hholding of applicable tax, as well as, any and all
other contractor-related expenses.
1.6 Primary Office Location . The Authorized Representative shall perform his or
her duties at any location which he/she deems appropriate, but shall represent the address of the
TRUST as the Primary Office Location for any and all accounts, transactions, and business of
the TRUST, as well as for all expenses incurre d by the TRUST. The Authorized Representative
shall represent the address of the TRUST as his/ her official Primary Office Location for all such
purposes.
1.7 Bank and Other Financial Accounts
. The Authorized Representative shall have
the ability and authority to open bank and other financial accounts in the name of the TRUST,
and to obtain any and all services with any in stitutions the Authorized Representative may deem
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Sample Authorized Representative/Managing Agent Contract — Page 2 of 6

necessary and beneficial to the TRUST. A ll monies for accounts of the TRUST shall be
maintained by the Authorized Representative.
1.8 Contracting . Authorized Representative has the ability to bind the TRUST in
any manner, and in his/her sole discretion, without prior notification to the TRUST.
1.9 Business and Other Materials . The Authorized Representative shall have
sole discretion in the production and/or distributi on of all such materials representational of the
TRUST’s business and other interests, including but not limited to, any stationary or business
cards representing the TRUST.
ARTICLE II
TERM, DURATION, AND TERMINATION
2.1 Term . The Authorized Representative’s affiliation by the TRUST shall
commence on the effective date as set fort h in Article 1, Section 1.1. The Authorized
Representative shall perform his duties for a period of twenty-five (25) years or until termination
by either of the Parties as herein provide d. The Authorized Representative Contract is
automatically terminated upon the Authorized Re presentative’s death, sale of TRUST business,
or all of the TRUST’s assets, leaving the TRUST with nothing of value. This Contract can only
be terminated by a determination of malfeasance by a Judge of a court of competent jurisdiction,
or by a determination of mental incompetence of the Authorized Representative by a recognized
medical authority appointed by such a Judge.
2.2 The Parties’ Right to Terminate . The provisions of this article are in no way
intended to take away or otherwise waive any rights that the TRUST may have under the law.
The Parties shall have the right to terminate th is Agreement at any time with sixty (60) days
prior written notice for “Cause,” which for the pur poses of this Agreement shall mean (A) the
Authorized Representative’s dishonesty or fraud w ith respect to the reputation and/or affairs of
the TRUST which materially and adversely aff ects the business and other relations of the
TRUST, provided the Authorized Representative fa ils to cure such ill repute within a reasonable
period of time; or (B) a material breach by the Authorized Representative or the TRUST of this
Agreement or any other agreement by and betw een the Authorized Representative and the
TRUST, provided either party fails to cure such breach, if curable, within thirty (30) days of
receipt of written notice thereof. Upon Termination of this contract for any reason the current or
resigning Authorized Representative can only be replaced by the first in line Successor
Authorized Representative. This shall in no wa y affect or preclude the consummation of any
transaction, which was effected prior to such termination.
ARTICLE III
COMPENSATION AND MANAGING FEES
3.1 Managing Fee
. The TRUST shall pay the Authorized Representative a
monthly management fee of One Thousand (1,000.00) dollars . This fee is payable upon the
acceptance of this contract and is payable each  month thereafter. All checks must be made
payable to the current Authorized Representativ e. The amount of this fee shall increase in
proportion to the assets in the TRUST, or by written consent and approval of the BOARD.
WEISS’S CONCISE TRUSTEE HANDBOOK
Sample Authorized Representative/Managing Agent Contract — Page 3 of 6

3.2 Expense Reimbursements . During the term of this Agreement, the Authorized
Representative shall be solely responsible fo r any and all contractor-related expenses. All
expenses, out-of-pocket and otherwise, which are incurred as a result of, as well as in the course
of, carrying out the duties and responsibilities of Authorized Representative shall be reimbursed
to the Authorized Representative; all reim bursements shall be made to the Authorized
Representative separately and aside from the Managing Fee and in a manner agreed upon by the
Parties.
3.3 Termination by the 
Authorized Representative. If the Authorized
Representative’s affiliation hereunder shall be terminated by Authorized Representative, then,
upon such termination, regardless of the reason thereof, all compensation derived from managing
fees and expense reimbursements shall be paid within thirty (30) days of written notice of
termination.
ARTICLE IV
MISCELLANEOUS
4.1 Assignment and Governing Law
. This contract shall constitute a binding
contract under the general common law of contracts upon acceptance by the Parties. This
contract may not be assigned by either party without the other party’s written consent nor by
operation of law; this agreement shall be bi nding on the successor(s) and assignee(s) of the
Parties.
4.2 Reservation of Rights .
(i) The Parties do hereby enter into this agreement without prejudice
to any rights otherwise waived due to any nondisclosure or adhesion.
(ii) Use of a Notary Public in this  contract does not constitute any
adhesion in and of itself, nor does it alter the status or domicile of either party.
The express purposes for said Notary Public is acknowledgment and witness only;
not for entrance into any statutory or otherwise foreign jurisdiction.
(iii) The TRUST in no way relinquishes ownership of any of the
TRUST’s properties.
(iv) The failure by either Party hereto at any time to give notice of any
breach by the other party, or to requi re compliance with any condition or
provision of this Agreement shall not be  deemed a waiver of said breach or
noncompliance, or of any similar or di ssimilar provisions or conditions at the
same, or at any prior or subsequent time.
4.3 Severabi
lity. If a court of competent jurisdic tion determines that any provision of
this Agreement is invalid or unenforceable, then the invalidity or unenforceability of that
provision shall not affect the validity or enfor ceability of any other provision of this Agreement
and all other provisions shall remain in force and effect.
WEISS’S CONCISE TRUSTEE HANDBOOK
Sample Authorized Representative/Managing Agent Contract — Page 4 of 6

4.4 Withholding Taxes . The TRUST shall not withhold from any compensation
made to the Authorized Representative, pursuant to this Agreement, any applicable taxes as may
be required pursuant to any law; Authorized Repr esentative is not to be deemed an employee of
the TRUST.
4.5 Headings
. Paragraph headings have been inserted for purpose of convenience
and shall not be used for interpretive purposes.
4.6 Modification . Any modification of this Agreement shall be effective only if in
writing and agreed to by the Parties in writing.
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Sample Authorized Representative/Managing Agent Contract — Page 5 of 6

IN WITNESS WHEREOF, the parties hereto mutually and individually agree to the
above enumerated terms and conditions, and do here by enter into this Contract on the date first
written above.
AUTHORIZED REPRESENTATIVE: TRUST:
___________________________________ ____________________________________
Jim Aaron Dean John W. Doe , Trustee
____________________________________
John Q. Public, Trustee
State of ______________ )
)ss.
County of ____________ )
On this ______ day of _________________, 20__ A.D., before me, a Notary Public, came John W. Doe  and John
Q. Public  (Board of Trustees), and acknowledged the signing thereof to be his voluntary act and deed. IN
TESTIMONY WHEREOF, I hereunto subscribe my name and affix my notarial seal on the day and date aforesaid.
_________________________________________ Notary Public
My Commission Expires: ____________________
(stamp) (seal)
State of ______________ )
)ss.
County of ____________ )
On this ______ day of _________________, 20__ A.D., before me, a Notary Public, came Jim Aaron Dean
(Authorized Representative), and acknowledged the signing thereof to be his voluntary act and deed. IN
TESTIMONY WHEREOF, I hereunto subscribe my name and affix my notarial seal on the day and date aforesaid.
_________________________________________ Notary Public
My Commission Expires: ____________________
(stamp) (seal)
WEISS’S CONCISE TRUSTEE HANDBOOK
Sample Authorized Representative/Managing Agent Contract — Page 6 of 6

ABC123 Training Group
A Trust Organization
(Address)
(Date)
Dear Sir/Madame:
Please accept this Letter of Introduction from th e Board of Trustees of this Organization
that as of (day, month), 200X, Mr./Ms.  (name of Authorized Representative)
1 has been hired as
Authorized Representative of this Organization to  conduct its day-to-day affairs.  He has been
given all the powers and authority necessary to  conduct the business of this Organization with
your company.  Mr./Ms. (name of Authorized Representative) has held this fiduciary position
since (date of hire by contract).
If you have any questions, you can contact the Board of Trustees at the address shown on
the letterhead.
Sincerely,
___________________________ _____________________________
John W. Doe, Trustee John Q. Public, Trustee
In Witness Whereof, I have hereunto subscribed my name and affixed my Notarial seal on the
day and year last above written.
_________________________ _____________________
Notary Public My commission expires:
WEISS’S CONCISE TRUSTEE HANDBOOK
Sample Authorized Representative Letter of Introduction
1 Use this introduction letter for the authorized representative hired under the provisions of the trust instrument. It
can also be modified for any trust officer or agent.

ABC123 Training Group
A Trust Organization
(Address)
(Date)
Dear Sir/Madame:
Please accept this Letter of Authorization from the Board of Trustees of this
Organization, that as of (day, month), 200X, Mr./Ms. (name of Authorized Representative)
1
individually has the authorization to open a non-interest bearing checking account at your
institution on behalf and in the name of this Organization.
Mr./Ms. (name of Authorized Representative)  has no other authority or responsibility for
this organization other than the above stated, and is not responsible for any of its debts or
liabilities. This authorization shall continue un til notified otherwise, in writing, by the Board of
Trustees.
If you have any questions, you can contact the Board of Trustees at the address shown on
the letterhead.
Sincerely,
___________________________ _____________________________
John W. Doe, Trustee John Q. Public, Trustee
In Witness Whereof, I have hereunto subscribed my name and affixed my Notarial seal on the
day and year last above written.
_________________________ _____________________
Notary Public My commission expires:
WEISS’S CONCISE TRUSTEE HANDBOOK
Sample Letter of Authorization
1 Use this letter of authorization for purposes of open a bank account. But it can be modified to serve any purpose.

LIMITED POWER OF ATTORNEY 
ABC123 Training Group , a Trust Organization, (hereinafter the "principal") of (City, State),
herewith appoints (name of Authorized Representativ e) of (City, State), as its attorney in fact, to
act in the place and stead and with the same au thority as Principal would have to do only the
following acts: 
To open a non-interest bearing checking account  and conduct any and all business regarding
deposit  accounts, loans, safe deposit box, or other banking business in regard to said account at
the First Confederated Bank, of Thomasville, Geor gia. This power shall specifically include, but
is not limited to the right to deposit, withdraw, sign checks or drafts, make stop payment orders,
and to conduct any banking transactions necessary or possible in regard to the Organization’s
banking relationship with the First Confederated Bank. 
This power of attorney shall be in effect from (day, month), 200X to (day, month), 200X. 
ABC123 Training Group, As Principal
___________________________ _____________________________
John W. Doe, Trustee John Q. Public, Trustee
State of ___________ )
)ss.
County of _________ )
John W. Doe  and John Q. Public , Board of Trustees for ABC123 Training Group
personally appeared before me and acknowledged the execution of this limited power of attorney
for the purposes set forth therein.
Dated: _______________________________ 
_____________________________________ 
Notary Public
WEISS’S CONCISE TRUSTEE HANDBOOK
Sample Limited Power of Attorney

MANAGEMENT AGREEMENT
This Agreement made and entered into this the (#) day of (month), 200X, by and between
(name of Trust), an Express Trust Organization, lo cated at (address) hereafter referred to as the
“Manager”, and (name of Trust), an Express Trus t Organization located at (address) subscribing
this Agreement, at the end hereof, hereafter referred to as the “Client”.
WITNESSETH:
Whereas, the Client is in the business of pr oviding particularly described in Paragraph 1
below, which business the Client wishes to have managed for limited periods of time, and
whereas, the Manager is in the business of pr oviding management services and is willing to
provide such services for the Client upon the terms and conditions hereinafter set forth.
Now therefore, in consideration of the fore going and in consideration of the covenants
hereinafter set forth, it is agreed by and between the Manager and the Client as follows:
1. Services: The Client hereby appoints th e Manager to be the day by day manager
with respect to any or all of  the aforementioned business, pr operty, or articles listed and more
particularly described below: (refer to Sample 3 for format of listing particularities).
2. Procedure: The Client may transfer all title s, interest, deeds, mortgages, leases or
agreements to the Manager for a period no longer than  ten (10) years.  Ninety (90) days prior to
the expiration date regarding this Agreement, th e parties may agree to extend this Agreement for
another ten (10) years.  This agreement may not be extended more than three (3) times.
3. Duration and Termination: For good cause such as death, sale, or disposition of
any or all of the articles listed in paragraph one, and/or any emergency or crises which may
affect the financial status of the Client, this Ag reement may be terminated by either party at any
time with sixty (60) days prior written notice to the other.  In the event written notice of
termination is provided, the Manager shall make changes only with the consent of the Client.
Termination of this Agreement shall in no wa y affect or preclude the consummation of any
transaction which was initiated prior to such termination.  All properties and articles described in
Paragraph 1 shall be promptly delivered to the Client, Guardian, Heir(s), Executor, or Personal
Representative after termination, with reasonabl e delay allowed for recordation of titles, deed
mortgages, or leases.
4. Powers, Acts, and Omissions of the Ma nger: In connection with the rendering of
services to the Client as provided herein, the Manager acknowledges with this Agreement to
undertake and effect transactions on behalf of and at the risk of the Clie nt in such a manner as
the Manager deems advisable with prior notice and approval by the Client.
5. Managing Fees: The Client shall pay the Manager a monthly management fee of
(written amount) (numeric amount in parenthesis)  dollars per month.  This fee is payable upon
WEISS’S CONCISE TRUSTEE HANDBOOK
Sample Basic Management Agreement — Page 1 of 2

the acceptance of this Agreement and payable each month thereafter.  All checks must be made
payable to: (state name).
Should this Agreement be terminated any time prior to the “fee is due” date, there shall
be no credit allowed for the remaining days nor shall the Client receive a refund.
6. Further Privacy Provisions: This Agreemen t and all of the trust business shall be
kept protected by the common law privacy rights av ailable in every applicable jurisdiction.  The
penalty for the release of any information pursuan t to the material contained with the context of
this Agreement or any related material, such pers on or persons shall be fined or made party of a
tort action in the amount of not less than Three Hundred Thousand ($300,000.00) dollars.
7. Liability: The Client in no way relinqui shes ownership of his businesses or
property(ies).  The Manager may not convert any of the property(ies) held in the trust without
the Client’s written consent.  The Manager may not  be held liable for any actions which he may
perform in his capacity as Manager unless the Manager has been found by a court of competent
jurisdiction to have acted outside his scope of em ployment, or that he has acted in bad faith in
discharging the duties of this Agreement.
8. Effective Date, Assignment, Governing Law: This Agreement shall constitute a
binding agreement upon its acceptance by the Manage r provided, however, that the Client may
rescind this Agreement without penalty within five  (5) business days after the execution date set
forth below.  This Agreement may not be assi gned by either party without the other party’s
written consent.  This Agreement shall constitute a contract entered into and governed by the
laws of (name of state) and shall be binding upon the successors and assignees of the parties
thereto.
This Agreement made and executed by the Ma nger and Client this (#) day of (month),
200X.
_____________________________________ _____________________________
Witness Client
_____________________________________
Witness
_____________________________________ _____________________________
Witness Manager
WEISS’S CONCISE TRUSTEE HANDBOOK
Sample Basic Management Agreement — Page 2 of 2

BILL OF SALE
Dated: ____________________
 
John W. Doe , an individual, referred to as "SELLER ", sells, bargains and conveys all of
SELLER'S right, title and interest in:1
Make: _______________________________
Model: _______________________________
Style of the vehicle: _____________________
Year of vehicle: __________
VIN: _________________________________
to ABC123 Training Group, an Express Trust Organization, referred to as "BUYER". 
SELLER acknowledges receipt  of a total of $ ____________________
_______________________________________&_____/100 Dollars) from BUYER in full
payment of the purchase price of the goods conveyed hereby. SELLER warrants that there are no
liens or encumbrances on the goods sold, and that SELLER's title to the goods is clear and
merchantable. SELLER shall defend BUYER from any adverse claims to SELLER's title to the
goods sold. 
The goods herein are not sold by a merc hant in the field. THESE GOODS ARE SOLD
WITHOUT UCC WARRANTY OF ANY KIND,   including MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE.  BUYER acknowledges examining the goods sold
herein. This provision may not be applicable, and legal rights may vary between states.
The parties agree to the terms and conditions stated herein: 
SELLER: BUYER:
_____________________________ By_________________________________
Authorized Representative
I/We, Jane A. Doe  and Susan Q. Public , as Beneficiaries of BUYER, do hereby consent, freely, willfully,
intelligently, independently, and with out undue influence of Seller or Au thorized Representative, to the
transaction contemplated in this bill of sale on this _____ day of ____________________, 200X.
__________________________________ __________________________________________
Jane A. Doe Susan Q. Public
WEISS’S CONCISE TRUSTEE HANDBOOK
Sample Bill of Sale
1 This form can be modified for any transfers of property from trustee to trust or vise versa simply by altering the
description of the property sold. This document shoul d always be completed in conjunction with purchase
agreement in support.

Sample 11
BOND 
I/We, John W. Doe  and John Q. Public , Board of Trustees in behalf of ABC123
Training Group , an Express Trust Organization of in care of 1234 Number St., Cleveland,
Ohio, near [98765] , acknowledge the Organizati on’s indebtedness to ________, of
________[address], ________[city], ________ County, ________[state], of $750,000.00, lawful
money of the United States, to be paid to  ________, ________[his or her] legal representatives,
successors, or assigns on or before ________[date],  with interest at the rate of %________ per
annum from this date, payable at maturity, for which payment I bind myself and my legal
representatives and successors.
I/We, the Board of Trustees, have caused this agreement to be executed at
________[place of execution] on this _____ day of _________, 200X.
____________________________________
John W. Doe, Trustee
____________________________________
John Q. Public, Trustee
State of ______________ )
)ss.
County of ____________ )
On this ______ day of _________________, 200X A.D., before me, a Notary Public, came John W. Doe and John
Q. Public  (Board of Trustees), and acknowledged the signing thereof to be his voluntary act and deed. IN
TESTIMONY WHEREOF, I hereunto subscribe my name and affix my notarial seal on the day and date aforesaid.
_________________________________________ Notary Public
My Commission Expires: ____________________
(stamp) (seal)
WEISS’S CONCISE TRUSTEE HANDBOOK
Sample Bonds — Sample 1
1 Use this form for general bond, as for property purchased on the private credit of the trust, a general
acknowledgment of indebtedness to a single entity.

Sample 22
BOND 
I/We, John W. Doe  and John Q. Public , Board of Trustees in behalf of ABC123
Training Group , an Express Trust Organization of in care of 1234 Number St., Cleveland,
Ohio, near [98765], acknowledge that the Organization is firmly bound to ________[obligee], of
________[address], ________[city], ________ County, ________[state], for $________ together
with interest at the rate of %________ per annum commencing ________[date], to be paid on
________[date], which sum represents the a ggregate of sums advanced to me by
________[obligee] as well as drafts , bills, and promissory notes  drawn by me and paid by
________[obligee], for which payment I/we bind the Organization, its assignees, firmly by this
instrument.
I/We, the Board of Trustee, have caused this agreement to be executed at ________[place
of execution] on this _____ day of _________, 200X.
____________________________________
John W. Doe, Trustee
____________________________________
John Q. Public, Trustee
State of ______________ )
)ss.
County of ____________ )
On this ______ day of _________________, 200X A.D., before me, a Notary Public, came John W. Doe and John
Q. Public  (Board of Trustees), and acknowledged the signing thereof to be his voluntary act and deed. IN
TESTIMONY WHEREOF, I hereunto subscribe my name and affix my notarial seal on the day and date aforesaid.
_________________________________________ Notary Public
My Commission Expires: ____________________
(stamp) (seal)
WEISS’S CONCISE TRUSTEE HANDBOOK
Sample Bonds — Sample 2
2 Use this form for sums advanced to the trust.

Sample 33
BOND 
ABC123 Training Group , an Express Trust Organization in care of 1234 Number St.,
Cleveland, Ohio, near [98765] , ("principal"), and ________, a corporation organized and
existing under the laws of ________[state], with its principal office located at
________[address], ________[city], ________ Count y, ________[state], and qualified and
authorized to transact a surety business in ________[state] ("surety"), are indebted to
________[obligee], of ________[address], ________[ city], ________ County, ________[state],
in the sum of $________, for the payment of which principal and surety bind ourselves and our
legal representatives and successors, jointly and severally.
The condition of the obligation of this bond is that:
1. Principal and ________[obligee] are the par ties to a contract, a copy of which is
attached, under the provisions of which principal has agreed to ________[set forth contractual
obligations of principal].
2. If principal complies in all respects with all terms and conditions of the attached
contract, and performs all acts by ________[him or he r] to be performed under the contract, and
within the time limits set forth, then this obligation shall be void; otherwise it shall remain in full
force and effect.
Premium: $________.
Each party to this bond has caused it to be executed at ________[place of execution] on
this _____ day of _________, 200X.
PRINCIPAL: SURETY:
By_____________________________ By___________________________
John W. Doe, Trustee
By_____________________________
John Q. Public, Trustee
State of ______________ )
)ss.
County of ____________ )
John W. Doe  and John Q. Public , Board of Trustees for ABC123 Training Group (Principal) and
_________________ (Surety) personally appeared before me a nd acknowledged the execution thereof to be his
voluntary act and deed.
Dated: _______________________________ 
_____________________________________Notary Public
WEISS’S CONCISE TRUSTEE HANDBOOK
Sample Bonds — Sample 3
3 Use this form for bond against non-performance of contract.

Sample 44
BOND 
ABC123 Training Group , an Express Trust Organization in care of 1234 Number St.,
Cleveland, Ohio, near [98765] , ("principal"), and ________, a corporation organized and
existing under the laws of ________[state], with its principal office located at
________[address], ________[city], ________ Count y, ________[state], and qualified and
authorized to transact a surety business in  ________[state] ("surety"), are indebted to ________,
of ________[address], ________[city], ________ C ounty, ________[state] ("obligee"), for
$________, to be paid to obligee or obligee's legal representatives, successors, or assigns, for
which payment principal and surety do bind ourselves and our legal representatives and
successors, jointly and severally.
The condition of the obligation of this bond is that:
1. Principal has agreed in writing to convey to ________, the above-named obligee, good
title in fee simple by warranty deed in a nd to real property situated in ________ County,
________[state], and more particularly descri bed as follows: ________[legal description],
subject, however, to the following: ________[set fort h all liens, encumbrances, and title defects
excepted from warranty of title].
2. If principal, on or before ________[date], or such later date as obligee may specify,
shall execute and deliver to obligee or to obligee's nominee a good and sufficient deed conveying
the described real property, accompanied by assuran ce of title in fee simple , subject only to the
liens, encumbrances, and defects set fo rth above, ________[by title policy issued by ________
Title Company of ________(address) in the f ace amount of $________ or as the case may be],
then this obligation shall be null and void; otherwise it shall remain in full force and effect.
The premium for which this bond is executed is $________.
Each party to this bond has caused it to be executed at ________[place of execution] on
this _____ day of _________, 200X.
PRINCIPAL: SURETY:
By_____________________________ By___________________________
John W. Doe, Trustee
By_____________________________
John Q. Public, Trustee
State of ______________ )
)ss.
County of ____________ )
John W. Doe  and John Q. Public , Board of Trustees for ABC123 Training Group (Principal) and
_________________ (Surety) personally appeared before me a nd acknowledged the execution thereof to be his
voluntary act and deed.
Dated: _______________________________ 
_____________________________________Notary Public
WEISS’S CONCISE TRUSTEE HANDBOOK
Sample Bonds — Sample 4
4 Use this form for a conveyance of real property.

Sample 55
BOND 
ABC123 Training Group , an Express Trust Organization in care of 1234 Number St.,
Cleveland, Ohio, near [98765] , ("principal"), and ________, of ________[ address],
________[city], ________ County, ________[state] ("surety"), acknowledge our indebtedness to
________[obligee], of ________[address], ________[ city], ________ County, ________[state],
in the sum of $________, for which payment, well and truly to be made, principal and surety do
bind ourselves and our legal representatives and successors, jointly and severally.
The condition of the obligation of this bond is that if principal shall indemnify obligee,
obligee's legal representatives, successors, and a ssigns, against any and all loss or damage that
may be caused or occasioned by, or that may arise from ________[set forth risk or risks for
which indemnity given], and against all liability whatsoever accruing or resulting from such loss
or damage, then this obligation shall be void; otherwise it shall remain in full force and effect.
Each party to this bond has caused it to be executed at ________[place of execution] on
this _____ day of _________, 200X.
PRINCIPAL: SURETY:
By_____________________________ By___________________________
John W. Doe, Trustee
By_____________________________
John Q. Public, Trustee
State of ______________ )
)ss.
County of ____________ )
John W. Doe  and John Q. Public , Board of Trustees for ABC123 Training Group (Principal) and
_________________ (Surety) personally appeared before me a nd acknowledged the execution thereof to be his
voluntary act and deed.
Dated: _______________________________ 
_____________________________________Notary Public
WEISS’S CONCISE TRUSTEE HANDBOOK
Sample Bonds — Sample 5
5 Use this form for indemnification of an obligee for a risk involved in a business venture, transaction, etc.

PROPOSAL TO EXCHANGE PROPERTY
To: (name of trustee(s))
Board of Trustees of (name of Trust),
an Express Trust Organization.
(Address)
From: John Q. Public, Exchanger
(Address)
Re: Exchange of (brief identification of property) for Capital Interest in the Organization
1
(Date)
Dear Sir/Madame:
After considering the benef it of transferring property in to your organization, I have
decided that an exchange of my property for Cap ital Interest holds a promise of attractive future
benefits. This offer is, therefore, submitted fo r your consideration. I hereby propose to exchange
the property described below for Capital Interest.
Further, it is understood that such an exchange  would be neither a gift, nor a sale, but an
exchange. If this meets with your approval, please reply.
Description of Property:
[set forth detailed description]
Existing Liens against the property, if any:
None.
Please respond at your earliest convenience.  Thank you.
_____________________________
John Q. Public, Exchanger
WEISS’S CONCISE TRUSTEE HANDBOOK
Sample Exchange Proposal
1 Or set forth what the property is to be exchange for.

Application for Employer Identification NumberForm SS-4
EIN
(Rev. December 2001) (For use by employers, corporations, partnerships, trusts, estates, churches,
government agencies, Indian tribal entities, certain individuals, and others.)
OMB No. 1545-0003Department of the Treasury
Internal Revenue Service
Legal name of entity (or individual) for whom the EIN is being requested1
Executor, trustee, “care of” name3Trade name of business (if different from name on line 1)2
Mailing address (room, apt., suite no. and street, or P.O. box)4a Street address (if different) (Do not enter a P.O. box.)5a
City, state, and ZIP code4b City, state, and ZIP code5b
County and state where principal business is located6
Name of principal officer, general partner, grantor, owner, or trustor7a
Estate (SSN of decedent)Type of entity (check only one box)8a
Partnership
Plan administrator (SSN)Sole proprietor (SSN)
Farmers’ cooperative
Corporation (enter form number to be filed) /H17075
Personal service corp.
REMICChurch or church-controlled organization
National Guard
Trust (SSN of grantor)
Group Exemption Number (GEN) /H17075Other nonprofit organization (specify) /H17075
Other (specify) /H17075
8b If a corporation, name the state or foreign country
(if applicable) where incorporated
Changed type of organization (specify new type) /H17075
Reason for applying (check only one box)9
Purchased going business
Started new business (specify type) /H17075
Hired employees (Check the box and see line 12.) Created a trust (specify type) /H17075
Created a pension plan (specify type) /H17075
Banking purpose (specify purpose) /H17075
Other (specify) /H17075
1110 Closing month of accounting yearDate business started or acquired (month, day, year)
12 First date wages or annuities were paid or will be paid (month, day, year). Note: If applicant is a withholding agent, enter date income will
first be paid to nonresident alien. (month, day, year) /H17075
HouseholdAgricultural13 Highest number of employees expected in the next 12 months. Note: If the applicant does not
expect to have any employees during the period, enter “-0-.” /H17075
14 Check one box that best describes the principal activity of your business.
15 Indicate principal line of merchandise sold; specific construction work done; products produced; or services provided.
Construction
16a Has the applicant ever applied for an employer identification number for this or any other business? No
Note: If “Yes,” please complete lines 16b and 16c.
16b If you checked “Yes” on line 16a, give applicant’s legal name and trade name shown on prior application if different from line 1 o r 2 above.
Trade name /H17075Legal name /H17075
16c Approximate date when, and city and state where, the application was filed. Enter previous employer identification number if kn own.
Approximate date when filed (mo., day, year) City and state where filed
..
.
.
Complete this section only if you want to authorize the named individual to receive the entity’s EIN and answer questions about the completion of this for m.
Designee’s telephone number (include area code)
Date /H17075Signature /H17075
For Privacy Act and Paperwork Reduction Act Notice, see separate instructions. Form SS-4 (Rev. 12-2001)
Yes
Type or print clearly.
Cat. No. 16055N
Foreign countryState
Designee’s fax number (include area code)
/H17075See separate instructions for each line.
()
()
/H17075Keep a copy for your records.
Compliance with IRS withholding regulations
SSN, ITIN, or EIN7b
Other
Previous EIN
Applicant’s telephone number (include area code)
Applicant’s fax number (include area code)
()
()
Under penalties of perjury, I declare that I have examined this application, and to the best of my knowledge and belief, it is true, correct, and complete.
Name and title (type or print clearly) /H17075
Third
Party
Designee
Designee’s name
Address and ZIP code
Real estate
Rental & leasing
Manufacturing
Transportation & warehousing
Finance & insurance
Accommodation & food service
Health care & social assistance Wholesale–agent/broker
Wholesale–other
Other (specify)
Retail
Federal government/military
Indian tribal governments/enterprises
State/local government
ABC123 Training Group
John W. Doe, Trustee
c/o 1234 N. Number Street, #567
Cleveland, Ohio 98765
n/a n/a
✔ Trust Organization
✔ to open a bank account
✔
Jim A. Dean, Authorized Representative 123 456-7890
4567 S. Letter Street, #890, Cleveland, Ohio 98765 098 765-4321
123 456-7890
098 765-4321

Application for Employer Identification NumberForm SS-4
EIN
(Rev. December 2001) (For use by employers, corporations, partnerships, trusts, estates, churches,
government agencies, Indian tribal entities, certain individuals, and others.)
OMB No. 1545-0003Department of the Treasury
Internal Revenue Service
Legal name of entity (or individual) for whom the EIN is being requested1
Executor, trustee, “care of” name3Trade name of business (if different from name on line 1)2
Mailing address (room, apt., suite no. and street, or P.O. box)4a Street address (if different) (Do not enter a P.O. box.)5a
City, state, and ZIP code4b City, state, and ZIP code5b
County and state where principal business is located6
Name of principal officer, general partner, grantor, owner, or trustor7a
Estate (SSN of decedent)Type of entity (check only one box)8a
Partnership
Plan administrator (SSN)Sole proprietor (SSN)
Farmers’ cooperative
Corporation (enter form number to be filed) /H17075
Personal service corp.
REMICChurch or church-controlled organization
National Guard
Trust (SSN of grantor)
Group Exemption Number (GEN) /H17075Other nonprofit organization (specify) /H17075
Other (specify) /H17075
8b If a corporation, name the state or foreign country
(if applicable) where incorporated
Changed type of organization (specify new type) /H17075
Reason for applying (check only one box)9
Purchased going business
Started new business (specify type) /H17075
Hired employees (Check the box and see line 12.) Created a trust (specify type) /H17075
Created a pension plan (specify type) /H17075
Banking purpose (specify purpose) /H17075
Other (specify) /H17075
1110 Closing month of accounting yearDate business started or acquired (month, day, year)
12 First date wages or annuities were paid or will be paid (month, day, year). Note: If applicant is a withholding agent, enter date income will
first be paid to nonresident alien. (month, day, year) /H17075
HouseholdAgricultural13 Highest number of employees expected in the next 12 months. Note: If the applicant does not
expect to have any employees during the period, enter “-0-.” /H17075
14 Check one box that best describes the principal activity of your business.
15 Indicate principal line of merchandise sold; specific construction work done; products produced; or services provided.
Construction
16a Has the applicant ever applied for an employer identification number for this or any other business? No
Note: If “Yes,” please complete lines 16b and 16c.
16b If you checked “Yes” on line 16a, give applicant’s legal name and trade name shown on prior application if different from line 1 o r 2 above.
Trade name /H17075Legal name /H17075
16c Approximate date when, and city and state where, the application was filed. Enter previous employer identification number if kn own.
Approximate date when filed (mo., day, year) City and state where filed
..
.
.
Complete this section only if you want to authorize the named individual to receive the entity’s EIN and answer questions about the completion of this for m.
Designee’s telephone number (include area code)
Date /H17075Signature /H17075
For Privacy Act and Paperwork Reduction Act Notice, see separate instructions. Form SS-4 (Rev. 12-2001)
Yes
Type or print clearly.
Cat. No. 16055N
Foreign countryState
Designee’s fax number (include area code)
/H17075See separate instructions for each line.
()
()
/H17075Keep a copy for your records.
Compliance with IRS withholding regulations
SSN, ITIN, or EIN7b
Other
Previous EIN
Applicant’s telephone number (include area code)
Applicant’s fax number (include area code)
()
()
Under penalties of perjury, I declare that I have examined this application, and to the best of my knowledge and belief, it is true, correct, and complete.
Name and title (type or print clearly) /H17075
Third
Party
Designee
Designee’s name
Address and ZIP code
Real estate
Rental & leasing
Manufacturing
Transportation & warehousing
Finance & insurance
Accommodation & food service
Health care & social assistance Wholesale–agent/broker
Wholesale–other
Other (specify)
Retail
Federal government/military
Indian tribal governments/enterprises
State/local government

Do I Need an EIN?
File Form SS-4 if the applicant entity does not already have an EIN but is required to show an EIN on any
return, statement, or other document.
1 
See also the separate instructions for each line on Form SS-4.
IF the applicant... AND... THEN...
Started a new business
Hired (or will hire)
employees, including
household employees
Opened a bank account
Changed type of
organization
Purchased a going
business
3
Created a trust
Created a pension plan as
a plan administrator
5
Is a foreign person needing
an EIN to comply with IRS
withholding regulations
Is administering an estate
Is a withholding agent for
taxes on non-wage income
paid to an alien (i.e.,
individual, corporation, or
partnership, etc.)
Is a state or local agency
Is a single-member LLC
Is an S corporation
Does not currently have (nor expect to have)
employees
Does not already have an EIN
Needs an EIN for banking purposes only
Either the legal character of the organization
or its ownership changed (e.g., you
incorporate a sole proprietorship or form a
partnership)
2
Does not already have an EIN
The trust is other than a grantor trust or an
IRA trust
4
Needs an EIN for reporting purposes
Needs an EIN to complete a Form W-8 (other
than Form W-8ECI), avoid withholding on
portfolio assets, or claim tax treaty benefits
6
Needs an EIN to report estate income on
Form 1041
Is an agent, broker, fiduciary, manager, tenant,
or spouse who is required to file Form 1042,
Annual Withholding Tax Return for U.S.
Source Income of Foreign Persons
Serves as a tax reporting agent for public
assistance recipients under Rev. Proc. 80-4,
1980-1 C.B. 581
7
Needs an EIN to file Form 8832, Classification
Election, for filing employment tax returns, or for 
state reporting purposes
8
Needs an EIN to file Form 2553, Election by a
Small Business Corporation
9
Complete lines 1, 2, 4a –6, 8a, and 9 –16c.
Complete lines 1, 2, 4a –6, 7a–b (if applicable),
8a, 8b (if applicable), and 9 –16c.
Complete lines 1–5b, 7a–b (if applicable), 8a,
9, and 16a –c.
Complete lines 1–16c (as applicable).
Complete lines 1–16c (as applicable).
Complete lines 1, 2, 4a –6, 8a, 9, and 16a –c.
Complete lines 1–5b, 7a–b (SSN or ITIN
optional), 8a–9, and 16a –c.
Complete lines 1, 3, 4a –b, 8a, 9, and 16a –c.
Complete lines 1, 2, 3 (if applicable), 4a –5b,
7a–b (if applicable), 8a, 9, and 16a –c.
Complete lines 1, 2, 4a –5b, 8a, 9, and 16a –c.
Complete lines 1–16c (as applicable).
Complete lines 1–16c (as applicable).
1
For example, a sole proprietorship or self-employed farmer who establishes a qualified retirement plan, or is required to file excise, employment, alcohol, tobacco,
or firearms returns, must have an EIN. A partnership, corporation, REMIC (real estate mortgage investment conduit), nonprofit organization (church, club,
etc.), or farmers’ cooperative must use an EIN for any tax-related purpose even if the entity does not have employees.
2
However, do not apply for a new EIN if the existing entity only (a) changed its business name, (b) elected on Form 8832 to change the way it is taxed (or is
covered by the default rules), or (c) terminated its partnership status because at least 50% of the total interests in partnership capital and profits were sold or
exchanged within a 12-month period. (The EIN of the terminated partnership should continue to be used. See Regulations section 301.6109-1(d)(2)(iii).)
3
Do not use the EIN of the prior business unless you became the “owner” of a corporation by acquiring its stock.
4
However, IRA trusts that are required to file Form 990-T, Exempt Organization Business Income Tax Return, must have an EIN.
5
A plan administrator is the person or group of persons specified as the administrator by the instrument under which the plan is  operated.
6
Entities applying to be a Qualified Intermediary (QI) need a QI-EIN even if they already have an EIN. See Rev. Proc. 2000-12.
7
See also Household employer on page 4. ( Note: State or local agencies may need an EIN for other reasons, e.g., hired employees.)
8
Most LLCs do not need to file Form 8832. See Limited liability company (LLC) on page 4 for details on completing Form SS-4 for an LLC.
9
An existing corporation that is electing or revoking S corporation status should use its previously-assigned EIN.
Complete lines 1–16c (as applicable).
Form SS-4 (Rev. 12-2001) Page 2
 

PROPOSAL TO LEASE EQUIPMENT
To: (name of Trustee)
Trustee of (name of Trust),
an Express Trust Organization.
(Address)
From: (name of Trust)
(Address)
(Date)
Dear Trustee:
Having a need for office equipment, furniture, medical equipment, and the like, I herein
propose to lease office space and (list of items) property from your Trust to (name of Trust)
business.
In consideration, I would consider paying an  annual lease payment to your Trust for an
amount agreed upon by written lease agreement.
Please respond at your earliest convenience.
_____________________________ _______________________________
Trustee Lessor
_____________________________ _______________________________
Trustee or Witness Witness
WEISS’S CONCISE TRUSTEE HANDBOOK
Sample Lease Proposal

Sample 1
Trustee Minutes
Successor Trustee(s)1
At this meeting, the Board of Trustees of (Name of Trust), held in (city/state2) on
the (day) of (month, 200X).
1. The first item of business is the A ppointment of Successor Trustees for
(name of Trust) Trust Organization.  The names of (person’s name) and (2 nd person if
desired) were entered as nominees for the successorship.
2. The Board of Trustees, upon unani mous approval have agreed that
(person’s name) and (2 nd person if desired) are duly a ppointed as Successor Trustee(s)
and will remain as same until their demise, resignation or removal.
3. It is agreed that the Successor Trustee(s) will sign the independent
contracting agreement and contract with the same terms as entered into by the original
Trustee(s) contained in the Minute Book of this Trust Organization.
4. All duties in the agreement and c ontract must be agreed to by the
Successor Trustee(s).
There being no further business to come  before this meeting, on motion duly
made, seconded, and carried, the meeting is adjourned.
___________________________ _____________________________
John Wayne Doe, Trustee John Q. Public, Trustee
WEISS’S CONCISE TRUSTEE HANDBOOK
Sample Minutes of Meetings — Sample 1
2This should be the city where the meeting was held. It can be the city where the Trustee lives or you can
use the city where the Trustees receive mail.
1This format should be used to add Successor Trustees and can be modified for Co-Trustees.

Sample 2
Trustee Meeting
Corrective Action3
At this meeting, the Board of Trustees of  (name of Trust) held in (city/state) on
the (day) of (month, 200X).  These minutes while executed this day are effective as of the
(#) day of (month, 200X).
1. The first item of business is the proposed  (enter the proposal) for (name of Trust)
Trust Organization.
2. The Board of Trustees upon consideration and approval instruct the Trustee to
(enter the order of the Trustees)
3. The Trustee is instructed to place this  item onto the inventory of the corpus on
Schedule “A”.
(List items to be entered on schedule A)
There being no further business to come before this meeting, on motion duly made,
seconded, and carried, the meeting adjourned.
___________________________ _____________________________
John Wayne Doe, Trustee John Q. Public, Trustee
WEISS’S CONCISE TRUSTEE HANDBOOK
Sample Minutes of Meetings — Sample 2
3This format can be used to add or remove assets from the Trust corpus, schedule A.

Sample 3
Trustee Meeting
Establishing Outside Investment Funding
At this meeting, the Board of Trustees of  (name of Trust) held in (city/state) on
the (day) of (month, 200X).
1. The first item of business is th e proposed investment of $XXXXXX with
(name of investment company) for the benefit of this Trust Organization.
2. The Trustees will accept into the trust corpus $XXXXXX from (name of
person contributing the asset) in their personal capacity.
3. The Authorized Representative is instructed to deposit said funds directly
into (name of investment company) on behalf of this trust and enter the investment into
the corpus records on schedule A.
4. The Board of Trustees, upon consid eration and approval instruct the
Authorized Representative to (describe the action: such as purchase a new air conditioner
with a proposed cost $XXXXXX).
5. The Authorized Representative is di rected to place this investment item
onto the inventory of corpus on Schedule “A”.
The items were considered and passed unanimously, in accordance with the
original Minutes 3, 4, 5, 6, and 7. 4  There being no further business to come before this
meeting, on motion duly made, seconded, and carried, the meeting adjourned.
___________________________ _____________________________
John Wayne Doe, Trustee John Q. Public, Trustee
WEISS’S CONCISE TRUSTEE HANDBOOK
Sample Minutes of Meetings — Sample 3
4This allows you to compile Trust Meeting Minutes for bulk consideration by the Trustees. However, if
there was only one item being purchased, you’d only include the Minute Meeting number of that item.

Sample 4
Trustee Minutes
Non Real Estate Asset
At this meeting, the Board of Trustees of  (name of Trust) held in (city/state) on
the (day) of (month, 200X).
1. The first item of business is the pr oposed acceptance of (list or describe
the item5) into this Trust Organization.
2. The Trustees will accept the property in to the trust corpus from (name of
person contributing the asset) in their personal capacity.
3. The Authorized Representative is instructed to enter the description into
the corpus records on Schedule “A”, and pr epare a Private Property Bill of Exchange
Contract & Agreement and submit to the trustees for signature.
There being no further business to come  before this meeting, on motion duly
made, seconded, and carried, the meeting adjourned.
___________________________ _____________________________
John Wayne Doe, Trustee John Q. Public, Trustee
WEISS’S CONCISE TRUSTEE HANDBOOK
Sample Minutes of Meetings — Sample 4
5 If you intend to list a series of items, modify this example so that the end of the sentence comes after the
list. A sample of the Private Property Bill of Exchange Contract & Agreement has also been included in
this section.

Sample 5
Trustee Minutes
Real Estate Assets
At this meeting, the Board of Trustees of  (Name of Trust), held in (city/state) on
the (day) of (month, 200X).
1. The first order of business is the au thorization for the acceptance of real
property into this Trust Organization.
2. It is RESOLVED and declared by the Trustees that the Trust Organization
shall accept a deed for real property made out  to the name of the Trust for property
located an (street address of property), in th e Country of (name of county), in the State of
(name of state).  The legal description is as follows: (enter the legal description of the
property).
The deed reflects that the transfer was for $10 and other valuable consideration.
It is RESOLVED and declared by the Tr ustees that the Organization shall accept
a Quit Claim deed, Grantor deed, or Warranty deed for the title transfer of said real
property and list said property on Schedule “A” of this Organizations Contract of
Indenture.  The Authorized Representative is instructed to file sa id deed with the local
county recorder on behalf of this Organization.
It was resolved and declared by the Trustees that this day’s minutes are to be
made available for disclosure upon request of  any party challenging the authority of the
Organization to act in this matter.  All items were considered and passed unanimously.
There being no further business to come  before this meeting, on motion duly
made, seconded, and carried, the meeting adjourned.
___________________________ _____________________________
John Wayne Doe, Trustee John Q. Public, Trustee
WEISS’S CONCISE TRUSTEE HANDBOOK
Sample Minutes of Meetings — Sample 5

Sample 6
Trustee Minutes
Authorization for Authorized Representative to use a
Trust Asset
At this meeting, the Board of Trustees of  (Name of Trust), held in (city/state) on
the (day) of (month, 200X).
1. The first item of business is the proposed authorization to (describe the
desired action6).
2. The Trustees accept the proposal identified above.
3. The Authorized Representative is inst ructed to (describe the action based
on #1 above7)
There being no further business to come  before this meeting, on motion duly
made, seconded, and carried, the meeting adjourned.
___________________________ _____________________________
John Wayne Doe, Trustee John Q. Public, Trustee
WEISS’S CONCISE TRUSTEE HANDBOOK
Sample Minutes of Meetings — Sample 6
7This is where the Trustees instruct the Authorized Representative to use the Trust automobile in a certain
manner or follow a certain protocol. A single statement is usually sufficient for this portion.
6If authorization to use a Trust automobile, then de scribe it here. Remember to be thorough and include
enough information to identify the item being authorized.

Sample 7
Trustee Minutes
Authorization for Authorized Representative to use
specific Trust Assets (Real Estate)
At this meeting, the Board of Trustees of  (Name of Trust), held in (city/state) on
the (day) of (month, 200X).
1. The first item of business is the propos ed authorization of a Lease of Real
Property for use by the Authorized Representative.
2. The Trustees accept a Lease contract  in the name of the Authorized
Representative on a month-to-month basis.  Said contract is to be funded with
consideration from the Authorized Representative’s existing compensation contract.
3. The Authorized Representative is instructed to prepare a Lease
Agreement8 and obtain fire/liability insurance naming the Trust as an additional
insured/loss payee and submit the Lease Agr eement for execution effective (insert date
the property was titled into the Trust).
4. The items were considered and pa ssed unanimously, in accordance with
the original Minutes 3, 4, 5, 6, and 7.  There being no further business to come before this
meeting, on motion duly made, seconded, and carried, the meeting adjourned.
___________________________ _____________________________
John Wayne Doe, Trustee John Q. Public, Trustee
WEISS’S CONCISE TRUSTEE HANDBOOK
Sample Minutes of Meetings — Sample 7
8A sample of the Lease Agreement has also been included in this section.

Sample 8
Trustee Minutes
Authorization for Authorized Representative to Provide
Specific Services
At this meeting, the Board of Trustees of  (Name of Trust), held in (city/state) on
the (day) of (month, 200X).
1. The first item of business is the proposed authorization of (Authorized
Representative’s name and describe services9).
2. The Trustees further authorize the Authorized Representative listed in
item (1) above to select the appropriate ins titutions with which to contract or obtain
(describe the services (or reiterate what was described above).
There being no further business to come  before this meeting, on motion duly
made, seconded, and carried, the meeting adjourned.
___________________________ _____________________________
John Wayne Doe, Trustee John Q. Public, Trustee
WEISS’S CONCISE TRUSTEE HANDBOOK
Sample Minutes of Meetings — Sample 8
9This format could be used to establish utilities in  the name of the Trust. An example would be phone
service, mailbox service, etc. Item (1) would be the Trustees name and the service would be “phone
service,” or “mail service,” etc.  You might want to include the location of the se rvice for clarity. Item (2)
would be “phone answering/voice message service,” “PMB 123,” etc.  It really can be that simple.

 Sample 9
Trustee Minutes
Revocation of the Beneficial Interest in Trust
At this meeting, the Board of Trustees of  (Name of Trust), held in (city/state) on
the (day) of (month, 200X), with all the Trustees being present, by unanimous accord, the
following was affirmed and ratified, vis:
1. That, the Trustees revoke the beneficial interest of (name of individual).
2. That, the Trust retains ownership of said property.
3. That, the revocable status is no longer valid.
There being no further business to come  before this meeting, on motion duly
made, seconded, and carried, the meeting adjourned.
___________________________ _____________________________
John Wayne Doe, Trustee John Q. Public, Trustee
WEISS’S CONCISE TRUSTEE HANDBOOK
Sample Minutes of Meetings — Sample 9

Sample 10
Trustee Minutes
Other Property Exchange – Non-Real Estate Assets
At this meeting, the Board of Trustees of  (Name of Trust), held in (city/state) on
the (day) of (month, 200X), with all the Trustees being present, by unanimous accord, the
following was affirmed and ratified, vis:
1. The Trustees have authorized the Authorized Representative to warehouse
the Trust’s non-Real Estate property wherev er the Authorized Representative deems to
be the safest and most convenient location to manage said property.
2. The Authorized Representative is di rected or charged to provide the
Trustees with an updated, itemized inventor y on Schedule “A” and any revisions to said
schedule within the Trust Minutes Book.
3. Minutes accepting non-Real Estate property into the Trust requires Board
of Trustees’ acceptance.
4. On Schedule “A”, enter – BEGINNING INVENTORY. 10
5. Provide a Private Property Bill-of-E xchange Contract and Agreement to
Trustees for all schedule “A” assets exchanged into the Trust by Exchangers.
There being no further business to come  before this meeting, on motion duly
made, seconded, and carried, the meeting adjourned.
___________________________ _____________________________
John Wayne Doe, Trustee John Q. Public, Trustee
WEISS’S CONCISE TRUSTEE HANDBOOK
Sample Minutes of Meetings — Sample 10
10It is recommended that you use computer tracking whenever possible if you have a large inventory list.
Also, you should consider using video/digital records whenever possible for insurance purposes.

Sample 11
Appointment of a Trustee
Minutes of Meeting of
__________________________________________11
(An Irrevocable Express Trust Organization)
Time:
Date:
Persons Present:
Business Discussed:
1. The Trustee(s) met with (name of person) regarding his appointment as
Trustee the Trust.
2. After discussion, it was mutually ag reed that; (name of person) would
accept the appointment as Trustee by contract.
3. The following action was taken as a result of that agreement.  A
Contractor Agreement was signed, Letter of  Acceptance was signed, and these minutes
were entered into the Trust records.
There being no further business to come before the Officers of the Trust, the
meeting was adjourned.
___________________________ _____________________________
John Wayne Doe, Trustee John Q. Public, Trustee
WEISS’S CONCISE TRUSTEE HANDBOOK
Sample Minutes of Meetings — Sample 11
11Name of Trust.

Sample 12
General
Minutes of Meeting of
__________________________________________
(An Irrevocable Express Trust Organization)
Time:
Date:
Persons Present:
Business Discussed:
After Discussion it was mutually agreed that: (detail what was agreed to).
There being no further business to come before the Officers of the Trust, the meeting was
adjourned.
___________________________ _____________________________
John Wayne Doe, Trustee John Q. Public, Trustee
WEISS’S CONCISE TRUSTEE HANDBOOK
Sample Minutes of Meetings — Sample 12

Sample 13
Office Lease12
Minutes of Meeting of
__________________________________________
(An Irrevocable Express Trust Organization)
Time:
Date:
Persons Present:
Business Discussed:
1. The Trustees met with (name of Aut horized Representative) regarding his
proposal to lease office space and equipment from (name of Trust 13) for use in his
business.
2. After discussion, it was mutually agreed that (name of Authorized Representative)
and (name of Trust) agreed that the lease agreement would be satisfactory as outlined in
the attached lease agreement.
3. The following action was taken as a re sult of that agreement. A Leasing
Agreement was signed 14, the Proposal Letter was filed, and these minutes were filed in
the Trust records reflecting the action taken.
There being no further business to come before the Officers of the Trust, the meeting was
adjourned.
__________________________
John Wayne Doe, Trustee
__________________________
Other Trust Officer15
__________________________
Title
WEISS’S CONCISE TRUSTEE HANDBOOK
Sample Minutes of Meetings — Sample 13
15This might appear confusing because, as Trustee, y ou may be the Trustee of both Trusts involved in the
leasing arrangement. The trustee may delegate the power  to an authorized repr esentative to sign for the
Lessee. This method is used to create a throwaway Trust and further minimize liability of the Lessee Trust.
14A sample of this document has also been included in this section.
13The name of the Trust that is being leased from, goes here.
12This format is used when one Trust is leasing to a second Trust, but it can be modified for other entities.

Sample 14
Trustee Resignation
Minutes of Meeting of
__________________________________________
(An Irrevocable Express Trust Organization)
To Whom It May Concern:
Regarding the Resignation of (name of person), from the Board of Trustees, of
(name of Trust), an Irrevocable Express Tr ust Organization created on (day) of (month,
200X).
The undersigned herein confirms that he/she has resigned from the Board of
Trustees of said Trust Organization effective on the date shown below.
The Co-Trustee, (name of person), is here in notified of this resignation, and shall
appoint the next Successor Trustee, as may be named in the Trust Organization
Schedules Book.  The Successor Trustee sh all immediately, upon acceptance of his/her
appointment, become a full member of the Board of Trustees of said Trust Organization
and be fully empowered to exercise all the powers and authorities granted to the Trustees
under the Contract and Declaration of Trust.
Witness our hand this (#) day of (month), 200X.
______________________________ _____________________________
John Wayne Doe, Resigning Trustee John Q. Public, Trustee
WEISS’S CONCISE TRUSTEE HANDBOOK
Sample Minutes of Meetings — Sample 14

Sample 15
Hiring of Treasurer16
Minutes of Meeting of
__________________________________________
(An Irrevocable Express Trust Organization)
To Whom It May Concern:
Regarding the hiring of a Company Treasure.
The undersigned Trustee, acting within the powers and authorities granted by the
Board of Trustees, took the following action.
1. The Trustee, having determined there was need for additional staff to help
with company bookkeeping, accounting, and day-to-day business, appointed (name of
person17) to serve as Company Treasurer.
2. Further, it was determined that th e above named individual shall be paid
from Company funds according to the terms of  a contract to be negotiated and executed
between the Trustee and said individual/firm
There being no more business to come be fore the Trustee at this time, the
Executive Secretary 18 was instructed to enter a record of this action in the company
Minute Book.
___________________________ __________________________
John Wayne Doe, Trustee John Q. Public, Trustee
Treasurer’s Acceptance
I, __________________ do understand the duties, powers and limitations of the
Treasurer and do hereby accept this appointment  as Treasurer of the above named Trust
on this (#) day of (month, 200X)
___________________________
Treasurer
WEISS’S CONCISE TRUSTEE HANDBOOK
Sample Minutes of Meetings — Sample 15
18As you can see, this format presumes that an Ex ecutive Secretary has been hi red to handle the Trust’s
Records. This paragraph can be modified if there is no Executive Secretary.
17The name inserted here could be an individual, another trust, or a firm.
16This form can be modified to appoint/hire any other officer as well.

Public Record Notice File #:
When recorded, return to:
(Address)
MOTOR VEHICLE PROPERTY LEASE
CONTRACT & AGREEMENT
This contract is dated this (#) day of (m onth), 200X, by and between (name of Trust) of
(Trust address), hereafter known as “Lessor” and (name of Trust) of (Tru st address), hereafter
known as “Lessee”.
The Lessor and Lessee reserve all rights to the Course of the Common Law, without
prejudice, and come together this date in this two party contractual relationship to lease the
following described property.  The Lessor doe s hereby lease to the Lessee the following
described Motor Vehicle with the appurtenances, situated in the State of (name of State).
Property Description
Vehicle Identification Number (VIN): _________________________
Vehicle Make: ___________________________
Model: _______________________
Color: ________________________
It is agreed that the lease shall be m onth-to-month beginning the (#) day of (month),
200X.  It is agreed that the lease shall be ($XXXXX) dollars, payable in advance on the (#) day,
of each month, during the term of this lease.  It is further agreed that [state additional terms for
payment of lease].
Acknowledgments: The Lessor and Lessee agree and accept the terms and conditions.
Signed this (#) day of (month), 200X Signed this (#) day of (month), 200X
___________________________(Lessor) ___________________________(Lessee)
All rights Reserved to the course of All rights Reserved to the course of
Common Law, Without Prejudice Common Law, Without Prejudice
___________________________ ____________________________
by: Title by: Title
WEISS’S CONCISE TRUSTEE HANDBOOK
Sample Motor Vehicle Lease Agreement — Page 1 of 2

State of ___________ ) State of ___________ )
)ss. )ss.
Country of ________ ) Country of ________ )
Then personally appeared before me  Then personally appeared before me
on this (#) day of (month), 200X, on this (#) day of (month), 200X,
(name of person) (for) the Lessor, known (name of person) (for) the Lessor, known
to be the person who acknowledged the to be the person who acknowledged the
foregoing document as a free act foregoing document as a free act
and deed. and deed.
_______________________________ _______________________________
Notary Public Commission Expires Notary Public Commission Expires
WEISS’S CONCISE TRUSTEE HANDBOOK
Sample Motor Vehicle Lease Agreement — Page 2 of 2

NOTICE OF ASSIGNMENT
AND INSTRUCTIONS FOR PAYMENT 
To: XYZ Corp.
(Address)
From: ABC123 Training Group
A Trust Organization
(Address)
(Date)
Dear Sir/Madame:
PLEASE TAKE NOTICE that for value received the undersigned John W. Doe
(individually or collectively, as the case may be, referred to hereafter as “Assignor”) has
assigned and transferred to ABC123 Training Group , a Trust Organization, its successors and
assigns (“Assignee”), Assignor’s [set forth object assigned, e.g., salary from his employment as
Chief Financial Officer of your corporation
], together with presently unspecified additional
amounts as may be added through additional transf ers or as the result of Assignor’s default
(collectively, the “Assignment Amount”). Any in crease in the Assignment Amount above the
specific amount set forth in the attached assignmen t shall be deemed effec tive as of the date of
this notice.
Please contact ABC123 Training Group  at (123) 456-7890 to obtain the most current
Assignment Amount.
Payment of the Assignment Amount shall be made directly to ABC123 Training Group at
1234 N. Number Street, Su ite 567, Cleveland, Ohio 98765 , or as otherwise instructed in writing
by ABC123 Training Group . No payment shall be made to Assignor unless and until the
Assignment Amount is paid in full.
A receipt signed by ABC123 Training Group  shall have the same force and effect as a
receipt signed by Assignor personally.
Sincerely,
____________________________________
John W. Doe, Assignor
Attachment:
Assignment
WEISS’S CONCISE TRUSTEE HANDBOOK
Sample Notice of Assignment and Instructions for Payment

PRIVATE PROPERTY BILL OF EXCHANGE
CONTRACT & AGREEMENT
This contract is dated this (#) day of (m onth), 200X, and is between, (name of Trust),
hereafter known as “Party of the First Part”, and (name of Trus t), hereafter known as “Party of
the Second Part”.
The Parties named herein reserve all rights to the Course of the Common Law, without
prejudice, and come together, this date, in this  two party contractual relationship to transfer
complete, absolute ownership and control, in allodium, over the following described property.
Property Description
See Attached Itemized Inventory List
The Party of the First Part warrants that he /she has full and absolute ownership rights,
and rights of control of said described propert y and that the property is free of liens and
encumbrances by this unconditional Property Bill of Exchange – Contract and Agreement.
The Party of the Second Part offers Twenty-one (21) Silver Dollars, plus trust Units of
Beneficial Interest, of undetermined value, in  exchange for the acquisition of all absolute
ownership and control at-law, of the above, de scribed property, on the condition that it is free
from liens and encumbrances.
The Party of the First Part accepts the tendered offer at-law of the above trade on Party of
the Second Parts condition, warranting that th e liens and/or encumbrances have been
extinguished on/or about the (#) of (month), 200X.
The Party of the First Part now delivers, by this instrument, the above described property
to the Party of the Second Part, and the Party of the First Part acknowledges receipt twenty-one
(21) Silver Dollars, plus Units of Beneficial Inte rest of undetermined value in exchange from the
Party of the Second Part for the absolute owners hip and control at-law, of the above described
property.
This Bill of Exchange/Contract and Agreement serves as a public notice to all, that the
Parties named herein are functioning by the Course of Common Law by exercising full and
complete rights of absolute ownership and c ontrol over property exchanged.  All rights are
reserved to the Course of Common Law, non are waived without prejudice.
Acknowledgments: Both parties agree and accept the terms and conditions.
Signed this (#) day of (month), 200X Signed this (#) day of (month), 200X
___________________________(First) ___________________________(Second)
All rights Reserved to the course of All rights Reserved to the course of
Common Law, Without Prejudice. Common Law, Without Prejudice
___________________________ ____________________________
by: Title by: Title
WEISS’S CONCISE TRUSTEE HANDBOOK
Sample Private Property Bill of Exchange Contract — Page 1 of 2

State of ___________ ) State of ___________ )
)ss. )ss.
Country of ________ ) Country of ________ )
Then personally appeared before me Then personally appeared before me
on this (#) day of (month), 200X, on this (#) day of (month), 200X,
(name of person) (for) the Lessor, known (name of person) (for) the Lessor, known
to be the person who acknowledged the to be the person who acknowledged the
foregoing document as a free act foregoing document as a free act
and deed. and deed.
_______________________________ _______________________________
Notary Public Commission Expires Notary Public Commission Expires
WEISS’S CONCISE TRUSTEE HANDBOOK
Sample Private Property Bill of Exchange Contract — Page 2 of 2

PROPERTY MANAGEMENT AGREEMENT
This Agreement made and entered into th is (#) day of (month), 200X by and between
(name of Trust), an Express Trust Organizati on, of (address), hereafter referred to as the
“Manager”, and (name of Trust), an Irrevocable Holding Trust of (address), hereafter referred to
as “Owner”.
WITNESSETH:
Whereas, the Owner is in the business of real estate and apartment rental, more
particularly described in Paragraph “A” belo w, which business the Owner wishes to have
managed for limited periods of time, and whereas  the Manager is in the business of providing
management services and is willing to provide such services for the Owner upon the terms and
conditions hereinafter set forth.
Now therefore in consideration of the fore going and in consideration of the covenants
hereinafter set forth, it is agreed by and between the Manager and the Owner as follows:
A. Services: The Owner hereby appoints the ma nager to be the day by day manager with
respect to any or all of the aforementioned business, and hereby grants to the Manager the
exclusive right to rent, lease, operate, and mana ge real property, more particularly described
below, and to perform management services more particularly described below:
1. To use due diligence in the performance of this Agreement;
2. To manage the property known as: (list name of property);
3. To buy and sell property for the Client;
4. To rent apartments or single family dwelling units;
5. To sign as buyer or seller on any contracts for sale;
6. To make any necessary contracts with a qualified General Manager or apartment
manager;
7. To lease property as lessor or lessee with or  without option to purchase or renew for a
term of (state the terms);
8. To keep appropriate business records of Client’s real estate business;
9. To manage both the Client’s property and the Client’s Trust;
10.To option as optionee;
11.To option as optioner;
12.To accumulate profits and deposit, in the name of the Manager, on behalf of the Owner,
those profits in a CD escrow account;
13.To advertise the availability, for rent or for sale, the above described properties, or other
properties subsequently acquired;
14.To renew or cancel leases;
15.To display “For Rent” or “For Sale” signs;
16.To carry, at Owner’s expense, such liab ility, property damage, and other insurance
adequate to protect the premises, tenants, and Manager, as necessary;
17.To place Realty Board lock box on premises;
WEISS’S CONCISE TRUSTEE HANDBOOK
Sample Property Management Agreement — Page 1 of 3

18.To make, or cause to be made, repairs and alterations, decorations, purchase supplies;
19.To hire, supervise, and discharge all labor or contractors required for the operation and
maintenance of the premises;
20.To contract for gas, electricity, fuel, water, telephone, trash hauling, and other services;
21.To pay debts, property taxes, and special assessments as required by Owner;
22.And to do all else appropriate for the management of a diversified real estate business.
B. The Owner shall:
Indemnify and hold harmless, the Manager, fr om any and all costs, expenses, attorney’s
fees, suits, liabilities, damages, or claims for da mages, including but not limited to those arising
out of any injury or death to any person or persons, or damages to any property of any kind
whatsoever and to whomsoever belonging, including Owner, in any way relating to the
management of the premises by the Manger or the performance or exercise of any of the duties,
obligations, powers or authorities herein or hereafter granted to the Manager to carry at Owner’s
sole cost and expense, such public liability, property damage, and workers compensation
insurance as shall be adequate to protect the in terests of the Manager and Owner, the policies for
which shall name the Manager as well as the Owner as the party insured.
C. Procedure: The Owner may transfer all title s, interest, deeds, mortgages, leases or
agreements to the Manager for a period no longer than ten (10) years.
Ninety (90) days prior to the expiration da te regarding the Agreement, the parties may
agree to extend this Agreement for another ten ( 10) years.  This Agreement may not be extended
more than three (3) times.
D. Duration and Termination: For good cause such as death, sale, or disposition of any or all
of the articles listed in paragraph one, and/or any emergency or crisis which may affect the
financial status of the Owner, the Agreement may be terminated by either party at any time with
sixty (60) days prior written notice to the other.
In the event written notice of termination is provided, the Manager shall make changes
only with the consent of the Owner.  Terminati on of this Agreement shall in no way affect or
preclude the consummation of any transaction which was initiated prior to such termination.
All properties and articles described in Paragraph 1 shall be promptly delivered to the
Owner, Guardian, Heir(s), Executor, or Pe rsonal Representative after termination, with
reasonable delay allowed for recordation of titles, deeds mortgages, or leases.
E. Powers, Acts and Omissions of the Manager:  In connection with the rendering of services
to the Owner as provided for herein, the Manager acknowledges with the Agreement to
undertake and effect transactions on behalf of a nd at the risk of the Owner in such a manner as
the Manager deems advisable with prior notice and approval by the Owner.
F. Managing Fees: The Owner shall pay the Manager a monthly management fee of (written
amount) (numeric amount in parenthesis) dolla rs per month.  This fee is payable upon the
acceptance of this Agreement and payable each mont h thereafter.  This f ee may be paid out in
profits realized by Manager, and Manager may “pay himself” instead of billing Owner, with
Owner’s prior approval.  All checks to Manager must be made payable to: (state name).
WEISS’S CONCISE TRUSTEE HANDBOOK
Sample Property Management Agreement — Page 2 of 3

Should this Agreement be terminated any time prior to the “fee is due” date, there shall
be no credit allowed for the remaining days nor shall the Owner receive a refund.
G. Further Privacy Provisions: This agreement and all of the trust business shall be kept
protected by the common law privacy rights availa ble in every applicable jurisdiction.  The
penalty for the release of any information pursuan t to the material contained with the context of
this Agreement or any related material, such pers on or persons shall be fined or made party of a
tort action in the amount of not less than Three Hundred Thousand ($300,000.00) dollars.
H. Liability: The Owner in no way relinquishes  ownership of any of his businesses or
property(ies).  The Manager may not convert any of the property(ies) held in the trust without
the Owner’s written consent.  The Manager may not be held liable for any actions which he may
perform in his capacity as Manager unless the Manager has been found by a court of competent
jurisdiction to have acted outside his scope of em ployment, or that he has acted in bad faith in
discharging the duties of this Agreement.
I. Effective Date, Assignment, Governing Law:  This Agreement shall constitute a binding
agreement upon its acceptance by the Manager provi ded, however, that the Owner may rescind
this Agreement without penalty within five (5) business days after the execution date set forth
below.  This Agreement may not be assigned by either party without the other party’s written
consent.  This Agreement shall constitute a c ontract entered into and governed by the laws of
(name of state) and shall be binding upon the successors and assignees of the parties thereto.
This Agreement made and executed by the Manager and the Owner, this (#) day of
(month), 200X.
_____________________________________ _____________________________
Manager Owner
_____________________________________ _____________________________
Trustee of (name of Trust) Trustee of (name of Trust)
WEISS’S CONCISE TRUSTEE HANDBOOK
Sample Property Management Agreement — Page 3 of 3

INDEPENDENT CONTRACTOR AGREEMENT
This Agreement is a contract entered into and executed this (#) day of (month), 200X by
and between (name of Trust), an Express Trust Organization, hereinafter called “User,” located
at (address) and (name of independent contracto r), whose address is (address) hereinafter called
“Contractor”.
Whereas, the User is desirous of purchasing th e services of Contractor, and whereas, the
contractor is desirous of providing services to user for a fee, therefore, the parties hereto agree as
follows:
1. Purpose of this Agreement:
This Agreement is a contract by and between the above parties which:
a) Establishes an Independent Contractor Relationship
b) Absolutely excludes an employer-employee relationship, and the consequent
“requirements” associated with an employer-employee relationship, including but not limited to
the following:
1. The contract specifically excludes the User from withholding from the
agreed price of said Contractor’s services or from providing for “Workers Compensation” for the
Contractor, and in so doing, recognizes that Contractor is already covered by Worker’s
Compensation or by his own health insurance.
2. The Contractor shall provide proof of Hospitalization coverage for any
and all work related injuries and will hold User harmless for all said work related injuries.
3. The Contract specifically excludes the User from withholding FICA and
Income Taxes from the agreed upon price of said Contractor’s services.
4. The Contract specifically excludes th e User from any requirement usually
applied to employee or employee’s pay, since Contractor is not an employee.
c) Is expressly based upon, recognizes a nd relies upon, the common law-rights and
freedoms preserved in the United States C onstitution (Article 1, Section 10, Paragraph 1)
protecting the right of persons to contract.
d) Is subject to, and in consideration of, the following terms, conditions, mutual
promises, and understanding of the User and Contractor.
2. Services to be rendered: During the term of this Agreement, Contractor shall
provide the following services to the User: (list the services to be provided)
3. Compensation to Contractor: The User agrees to compensate the Contractor at the
rate of (List amount) per (list conditions) based upon the actual services rendered by the
Contractor, which Contractor will document to the User by weekly time card.  Compensation is
due and payable at the end of the contract period/accounting period.
4. Quality Control: The User retains the right  to establish standards of Contractor’s
performance, to evaluate effects of said pe rformance, and to approve the results of said
performance.
5. Expenses and Equipment: The Contractor shall pay for all his personal and related
expenses, and the User shall pay a tool allowance as the need arises, pertaining to all personal
tools, equipment and materials necessary for the performance of Contractor’s services, at a fee
mutually agreed upon between Contractor and User.
6. Length of Contract: This contract shall run from (date) to (date) otherwise, it shall
run from day-to-day or until the work of the Contractor is completed and approved by the user.
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Sample Standard Independent Contractor Agreement — Page 1 of 2

7. Hours during which services may be perfor med: Contractor agrees to perform the
above-described services on User’s premises during User’s regular business hours.
8. Termination: Either party may terminate this contract at any time.
9. Assignment: Contractor shall furnish wo rkers in any status of training, i.e.
student-trainee, apprentice, journeymen-apprenti ce, journeyman, or master, to perform the
agreed upon services; but only by consent of the Us er.  Neither this Agreement nor any duties of
obligations under this Agreement may be assigne d by Contractor without prior written consent
of User.
10. Place of Work: User agrees to furnish space for use by Contractor while
performing the above-described services.
11. Entire Agreement of the Parties: This Agreement supersedes any and all
agreements, either oral or written, between the parties hereto with respect to the rendering of
services by Contractor for User and contains all of the covenants and Agreement between the
parties with respect to the rendering of services in any manner whatsoever.
Each party to this Agreement acknowledge s that no representations, inducements,
promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, that are not embodies here in, and that no other agreement, statement, or
promise not contained in the Agreement shall be valid or binding.  Any modification of the
Agreement will be effective only if it is in writing, signed by the party to be charged.
12. If any provisions in this Agreement are held, by a court of competent jurisdiction,
to be invalid, void, or unenforceable, the remaini ng provisions will nevertheless continue in full
force without being impaired or invalidated in any way.
13. Arbitration: Any controversy or claim aris ing out of or relating to this Agreement
or the breach thereof will be settled by arbitrati on in accordance with the rules of the American
Arbitration Association, and the judgment upon the award rendered by the arbitrator may be
entered in any court having jurisdiction thereof.
14. Governing Law: This Agreement will be  governed by the construed in accordance
with the general common law of contracts [or laws of the State of (list the state)].
___________________________________ _____________________________
Witness (Contractor)
___________________________________ _____________________________
Witness Trustee
___________________________________ _____________________________
Witness (User)
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Sample Standard Independent Contractor Agreement — Page 2 of 2

UNIVERSAL INDEPENDENT CONTRACTOR
AGREEMENT
This agreement is a contract between (name of Trust), an Express Trust Organization, of
(Trust address), hereinafter referred to as “Cont ractor,” and (name of Trust), an Express Trust
Organization, of (Trust address) hereinafter referred to as “Contractee”.
1. Purpose of this agreement: this agreem ent is a contract by and between the above
parties which 1) establishes an Independent Contractor Relationship; which 2) absolutely
excludes and employer-employee relationship; which 3) is expressly based upon, recognizes, and
relies upon the common-law rights and freedoms pr eserved in the United States Constitution,
Article 1, Section 10, Paragraph 1)  protecting the right of persons  to contract; and which 4) is
subject to, and in consideration of, the follo wing terms, conditions, mutual promises and
understandings of the Contractee and Contractor.
2. Services to be rendered: During the term of this agreement, the contractor shall
provide the following service(s) to the Contractee:
a) (List the service)
b) (List the service)
c) (List the service)
3. Contractee will provide: During the term of this agreement, the Contractee will
provide the following for the Contractor:
a)  (List of service)
4. Compensation to Contractor: The Contract ee agrees to compensate the Contractor
under the following Schedule:
a) (List the compensation schedule)
b) (List the compensation schedule)
c) (List the compensation schedule)
5. Quality Control: The Contractee retain s the right to establish standards of
Contractor’s performance, to evaluate effects of  said performance, and to approve the results of
said performance.
6. Method of Performance: The Contractor  retains the right to determine which
methods of performance shall be used to achieve end results.
7. Facilities: All services by the Contract or shall be performed/provided at the
following location: (address where work is to be performed), Contractor’s offices.
8. Expenses and Equipment: The Contractor shall pay for all of his/her personal and
related expenses, and shall supply all tools, equipment and materials necessary for the
performance of his/her services.  Contractee may supply certain materials and equipment upon
the request of Contractor outside this agreem ent.  Such supply by Contractee shall not be
construed to be a waiver of Contractor’s responsibility for his/her personal and related expenses,
tools, equipment, and materials.
9. Length of Contract: This contract shall run from (date) to (date); otherwise, it
shall run from day-to-day, or until the work of the Contractor is completed and approved by the
Contractee.
10. Termination: Either party may terminat e this contract upon the delivering thirty
(30) days prior, written notice of termination to the other party at the address specified herein.
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Sample Universal Independent Contractor Agreement — Page 1 of 3

11. Competition: The Contractor is not rest ricted in any way from supplying his/her
services to other parties while under this contr act, even if such activitie s are related to or in
competition with the business of the Contractee.  The Contractor, however, is herein expressly
restricted from employing the Contractee’s trade secrets, formulas, and the like for his/her own
gain, and from revealing the same to competitors.
12. Independent Free Agent: The Contractor is a free agent, and herein acknowledges
that He/She offers services to other businesses or  to the general public in the ordinary course of
business, and maintains his/her office and principal place of business at the address given below.
Nothing in this agreement shall be deemed or construed to create a partnership, joint venture,
employer/employee relationship, or principal-ag ent relationship between the Contractor and
Contractee.
13. Liability: Neither party shall be liable for the acts, or omissions, debts, or
obligations of the other party except as expressly set forth herein.
14. Taxes and Insurance: The Contractor a nd his/her agents or employees (if any)
affected by this Agreement, shall be liable a nd responsible for any and all local, state, and
Common Law taxes deemed owed as a result of the performance of services hereunder,
including, but not by way of limitation, Soci al Security, Unemployment Compensation,
Workman’s Compensation, or any other compulsory taxes, dues, or fees which affect employers
and employees.  The Contractor herein agrees to carry his/her own insurance for injury, sickness,
public liability, retirement, etc. as deemed nece ssary as a consideration for entering into this
Agreement.  The Contractor further acknowledges that he/she is not entitled to benefits under
Workman’s Compensation and/or Unemployment Benefits during or after his/her term of
service.
15. Hold Harmless: The Contractor assumes all risks and liabilities relating to the
performance of services under this Agreement, and herein agrees to indemnify and hold the
Contractee harmless from, and shall defend C ontractee from all demands, claims, causes of
action, loss, damages, or liabilities of any and every kind whatsoever, that result from the
rendering Contractor’s services hereunder.
16 Disputes: in the event of any unresolve d disagreement between the parties herein,
equity shall supersede prior adjudicated cases.  A ny question of interpretation or claim shall first
be submitted to binding arbitration under the rules of the American Arbitration Association.  The
prevailing party shall be entitled to satisfaction, plus legal fees and costs.
17. Good Faith: Each party affirms that it has entered into this Agreement in good
faith, and shall endeavor to execute the promis es, terms, and conditions herein with diligence
and in the best interest of the other party.
18. Unenforceable Provisions: If any portion or provision in the Agreement becomes
void, invalid, or unenforceable, the remaining portions shall remain in force and effect.
19. Additional Terms/Conditions: (List all other terms and conditions)
20. Entire Agreement: This is the entire Ag reement between the parties hereto.  No
part of this Agreement is oral.  Any amendmen ts, additions, or deletions to the Agreement, or
any modifications of the provisions herein, sh all be documented in writing and signed by both
Parties.
//
//
WEISS’S CONCISE TRUSTEE HANDBOOK
Sample Universal Independent Contractor Agreement — Page 2 of 3

Witness our hands this (#) day of (month), 200X.
Contractor: (Trust) Contractee:
_______________________ _________________________
as Trustee
________________________ _________________________
as Trustee Title
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Sample Universal Independent Contractor Agreement — Page 3 of 3