{"id":4067,"date":"2017-08-08T02:08:05","date_gmt":"2017-08-08T02:08:05","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=4067"},"modified":"2017-11-09T03:40:19","modified_gmt":"2017-11-09T03:40:19","slug":"tribal-courts","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=4067","title":{"rendered":"Tribal Courts – & Legal Information"},"content":{"rendered":"

More information coming here soon.<\/span><\/strong><\/span><\/p>\n

Federal Laws & Legal Remedies to Protect Native (“Indian”) Landowners<\/a><\/strong><\/span><\/p>\n

Definition of GUARDIAN<\/span>:<\/span><\/strong><\/span><\/p>\n

\u201cSomeone who has the legal authority & duty to care for another’s person or property,\u00a0<\/span><\/strong><\/span>especially because of the other’s infancy, incapacity, or disability.\u201d<\/span><\/strong><\/span><\/p>\n

Definition of WARD<\/span>:<\/span><\/strong><\/span><\/p>\n

\u201cA person, usually a minor, who is under a guardian’s charge or protection.\u201d<\/span><\/strong><\/span><\/p>\n

Definition of BENEFICIARY<\/span>:<\/span><\/strong><\/span><\/p>\n

\u201c<\/span><\/strong>n.<\/em> (17c.)<\/span> 1. Someone who is designated to receive the advantages from an action or change;\u00a0<\/span><\/strong><\/span>especially one designated to benefit from an appointment, disposition, or assignment <\/span><\/strong>(as in a\u00a0<\/span><\/em><\/span>will, insurance policy, etc.)<\/span><\/em> or to receive something as a result of a legal arrangement or\u00a0<\/span><\/strong><\/span>instrument. \u00a02. A person to whom another is in a fiduciary relation, whether the relation is one\u00a0<\/span><\/strong><\/span>of agency, guardianship, or trust, especially a person for whose benefit property is held in trust. \u00a0<\/span><\/strong><\/span>3. Someone who is initially entitled to enforce a promise, whether that person is the promisee\u00a0<\/span><\/strong><\/span>or a third party. \u00a04. Someone who is entitled under a letter of credit to draw or demand<\/span><\/strong><\/span>
\npayment. \u00a05. Someone designated to receive money or property from a person who has died. \u2013 beneficiary, <\/span><\/strong>adj.<\/span><\/em>\u201c<\/span><\/strong><\/span><\/p>\n

Definition of TRUSTEE<\/span>:<\/span><\/strong><\/span><\/p>\n

\u201c<\/span><\/strong>n<\/em>. (17c.)<\/span> 1. Someone who stands in a fiduciary or confidential relation to another; especially<\/span><\/strong><\/span>
\none who, having legal title to property, holds it in trust for the benefit of another & owes a\u00a0<\/span><\/strong><\/span>fiduciary duty to that beneficiary. \u00a0Generally, a trustee\u2019s duties are to convert to cash all debts &\u00a0<\/span><\/strong><\/span>securities that are not qualified legal investments, to reinvest the cash in proper securities, to\u00a0<\/span><\/strong><\/span>protect & preserve the trust property, & to ensure that it is employed solely for the beneficiary,\u00a0<\/span><\/strong><\/span>in accordance with the directions contained in the trust instrument.\u201d<\/span><\/strong><\/span><\/p>\n

\u201cA trustee is bound to perform all acts which are necessary\u00a0<\/span><\/span><\/strong><\/span>for the proper execution of his trust. \u00a0But by the English rule, as\u00a0<\/span><\/strong><\/span>he is not allowed compensation for his services, he would stand in<\/span><\/strong><\/span><\/span>
\nthe position of a gratuitous bailee, & be responsible only for\u00a0<\/span><\/strong><\/span>losses or improper execution of his trust, in cases of gross\u00a0<\/span><\/strong><\/span>negligence. \u00a0The rule denying him compensation does not,\u00a0<\/span><\/strong><\/span>however, obtain generally in America, and it is the general\u00a0<\/span><\/strong><\/span>practice in America to allow commissions to trustees in cases of\u00a0<\/span><\/strong><\/span>open and admitted trusts, where the trustee has not forfeited<\/span><\/strong><\/span><\/span>
\nthem by gross misconduct. \u00a0It would seem, that in all the States\u00a0<\/span><\/strong><\/span>where a compensation is given, he would be a bailee for hire of\u00a0<\/span><\/strong><\/span>labor and services, and bound to exercise ordinary diligence. \u00a0And\u00a0<\/span><\/strong><\/span>he engages that he has sufficient skill to execute the duties of his<\/span><\/strong><\/span>
\noffice properly. And, indeed, a trustee seems generally to be\u00a0<\/span><\/strong><\/span>bound to take the same care of the trust fund as a prudent &\u00a0<\/span><\/strong><\/span>discreet man would take of his own property, to manage it for the\u00a0<\/span><\/strong><\/span>best interest of the cestui que<\/em> trust, & to make no profit or<\/span><\/strong><\/span>
\nadvantage out of it for himself personally.<\/span>\u201d<\/span><\/strong><\/span><\/p>\n

\u2013 1 William W. Story, A Treatise on the Law of Contracts 5\u00a0<\/span><\/strong><\/span>374, at 328-30 (1874)<\/span><\/strong><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

More information coming here soon. Federal Laws & Legal Remedies to Protect Native (“Indian”) Landowners Definition of GUARDIAN: \u201cSomeone who has the legal authority & duty to care for another’s person or property,\u00a0especially because of the other’s infancy, incapacity, or disability.\u201d Definition of WARD: \u201cA person, usually a minor, who is under a guardian’s charge … Continue reading Tribal Courts – & Legal Information<\/span> →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"parent":2505,"menu_order":7,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-4067","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/4067","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4067"}],"version-history":[{"count":5,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/4067\/revisions"}],"predecessor-version":[{"id":7473,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/4067\/revisions\/7473"}],"up":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/2505"}],"wp:attachment":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4067"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}