04/27/2025
BILL OF COMPLAINT IN EQUITY
PRESENTMENT TO VOID PROCEEDINGS AND JURISDICTION
INTRODUCTION AND BACKGROUND
COMES NOW, Diva Cashay Sykes of the family ;noear, a natural living being of
majority status conducting the style condition of The Principal and Beneficial
Title Holder. And not an infant/minor, hereinafter “complainant”
As such I am
exercising and well as retaining and reserving all rights, natural, private
commercial, incorporeal or otherwise and does tender this claim and makes the
claim that the tender was special deposited on the accounts receivables books of
the court, via the respondent's commercial filings and/or deposits into the courtsregistry, who by their own admissions of the complaint showing or causing to
show existence or a qualified endorsement.
The respondent has come into this matter related to a trust in the
capacity that is unsustainable, and thus is perceived as standing in its
unadulterated non-immune capacity and is liable for all damages incurred lax
assessments as well as penalties.
On its face it appears that the Respondent's intent and purpose, was to
take up the election to treat the within reference complaint as a draft, rather then
a promise to pay. A complaint is a promise to pay, and the person holding the
instrument can hold it as either, the court converted the complaint to a draft ( a
form of currency conversion). There might be cause for one to raise and/or
complain that they lack understanding, that such information is foreign to them;
and it is at the time that such an individual documents their lack of knowledge, for
overseeing such a matter that specifically deals with an express trust and the
estate of an infant , which invokes exclusive jurisdiction and not concurrent
jurisdiction. This court acts as an administrative venue as a result of the
administrative acts and the presidential proclamation 2038, 2039, and 2040 – for
which the presidents of the United States have exercised “ Emergency Powers
Jurisdiction” continuously, from 1933 to the present, according to the Senate
report on national emergencies associated with the National Emergencies Act. To
insure this information is not ambiguous, nor is it foreign to government, for the
Senate of the United States Congress has verified the aforementioned facts.
Equities Implied Expression of a trust.
Minor means an individual under the age of 18 years. The term I’d also used to refer to an individual who has attained the age of 18 years but has
not yet taken control of the securities contained in his or her minor account.
Minor account means an account that a custodian controls on
behalf of a minor, this is referred to as a resulting trust the definition of a
resulting trust is: A resulting trust ( from the Latin ‘rezalire’ meaning to jump
back') is the creation of an implied trust by operation of law, where property is
transferred to someone who pays nothing for it; and then is implied to have held
property for benefit of another person.
JURISDICTION AND VENUE
Jurisdiction is proper “other jurisdiction wherein the constitution,
whereby Judicial power, SECTION authorizes such out of necessity. The Judicial
power shall be vested in one Supreme Court, (who may extend such powers In a
Court of Appeals, in Metropolitan Courts), and in such other courts and may be
established by positive law i.e. equity, as equity is the law, as equity is everything
and law without equity must still render equity. Therefore. This court has the
power to decree in equity upon this Express Trust matter in-camera/chambers.
And may enforce the Bill of Rights put forth in this bill as expressed in the
Constitution.
We must remember as shall be discussed briefly in a moment, that an
attorney who represents an individual who has not yet attained the age ofmajority, is said to represent a ward of the court. An attorney hold an
administrative position as an officer of the court and as such, the attorney
becomes for the ward an appointed guardian ad litem. Now in proof that the
trust exists, and is for all necessities and purposes a “RESULTING TRUST"
, in that
upon attaining majority, the securities, assets, properties, of the infant estate
becomes the rightful property of the beneficiary who has attained the age of
majority. Seeing that this is a “ resulting trust"
, by operation of law and as a result
of the principles of equity, and that it involves a minor and/or infant and/or the
properties of an infant, the proper jurisdiction is that of equity who has and
maintains a right to such inherent jurisdiction.
RULE OF LAW
Whereby this cause, being a complaint in exclusive equity jurisdiction,
( as it directly involves the property/estate/securities of an infant/minor), cites the
rule of law as follows upon:
Bill of Rights
No person's (to include infants/minors) property shall be taken. Damaged or
destroyed for or applied to public use without adequate compensation being
made, unless by the consent of such person, and, when taken, except for the use
of state, such compensation shall be first made, or secured by deposit of money.
JURISDICTION OF COURTS OVER THE ESTATES OF INFANTS
Jurisdiction over the estate of an infant is inherent in equity, but it may
also be vested by administrative constitutional and administrative statutoryprovisions in particular courts; the administrative institutions of proceedings
affecting an infant's property makes the infant a ward of the court (held in trust,
for such the seizure of rights and/or property could only be instituted as a result
of a prior relationship i.e. a special relationship, whereby the infant/minor is the
beneficiary, the state (court) the settler and its agents and/or officers trustees,
constituting a trust relationship, in equity), which has broad powers and the duty
to protect his or her interests.
Courts of equity have GENERAL AND INHERENT JURISDICTION over the
property of infants. Primary jurisdiction over the estate of infants may, under
administrative constitutional or administrative statutory provisions, be vested in
the probate, county, district, or other specific court.
The jurisdiction can be exercised only when the court has acquired
jurisdiction as to the particular infant/minor or subject matter (jurisdiction over
estates/trusts are exclusive in nature over which courts of equity have exclusive
jurisdiction, and such matters must be heard at equity). The commencement of a
proceeding affecting the infant's property best tho court with jurisdiction over his
or her estate, pursuant to which the court acts in loco parentis or as a guardian,
and the infant becomes its ward. It is the duty of the court to safeguard the
infant's property interests with great care i.e. in trust.
After the jurisdiction of the court has attached, either through an
appearance which equates to submitting to the court's jurisdiction, and/or a ple
being entered by the infant/minor, the court in its administrative capacity hadbroad, comprehensive and plenary powers over the estate of the infant/minor.
This court may adjudicate the rights and equities of the infant and property, yet
only in equity, and it may cause to be done whatever may be necessary to
preserve and protect the infant's estate which includes the property/assets of
said estate. However, the exercising of such power must be tempered with
reasonable limitations, and one major limitation is that courts of equity have
exclusive jurisdiction over the property/assets of an infant. Therefore, the court
cannot act in violation of administrative constitutional or statutory limitations
on its powers, or permit the impounding of the infant's funds for the creation of a
trust, which the court or parties have done by establishing the instant matter, and
this attempt to deprive the infant/minor Of the right to absolute enjoyment on
the funds of one was come forth now, And is appearing at the age of majority in
correction of any presumption by previous actions or appearances in this
matter.
An infant is not competent to waive the administrative statutory
requirements enacted for his or her benefit and protection. With respects to the
manner in which jurisdiction of the court may be exercised. Unless and until they
attain the age of majority, then they can either petition for the removal of minor's
disabilities and or Express the trust.
JURISDICTION OF COURTS OVER ESTATES OF INFANTS/MINORS-JUDICIAL
ALLOWANCES FOR SUPPORT, MAINTENANCE. AND EDUCATION.
Respondent(s) could not have had a valid claim against infant/minor
without personal knowledge and a copy of Photo , Finger-prints, A Forced Plea,Coercion, threats, False imprisonment, a false commercial claim is/are mot
considered lawful evidence and/or knowledge, because such copies are held as a forgery, evidence of involuntary servitude.
Furthermore, courts in conducting “commercial" Business of the court
must give/disclose to or upon a party upon demand the bookkeeping entries
(both receivables and payables) with an affidavit, and demand is hereby made for
immediate production or the all evidence is hearsay evidence into the court. The
infant/minor having attained the age of majority hereby challenges the
bookkeeping and demands the full accounting on the accounts receivables and
accounts payable and all dividends, profits, rents, escrow, ext. resulting from
deposit of TRUST/Estate of the ward/beneficiary into the courts accounts
receivables and other general intangibles.
MOVEMENT FOR RELIEF
Complainant is entitled to the relief of damages in equity, as equity
must cause equity to be done, though the heavens fall'; Complainant is entitled to
relief in the form of damages for the following reasons:
Respondent(s) has taken the private property of the complainant under
extreme duress and threat of violence against complainant’s life, property,
liberties without just compensation, without the expressed and/or written
consent of complainant. Respondent had a duty to respond to all complaints and
questions because of the legal special relationship of the parties and by not
responding the Respondent is in breach of trust, because the infant estate and
duty of care associated therewith/thereto is an Express trust:“Verified Memorandum of Principles of law and Points of Authority on Express
Special Relationship Trusts"
The courts and its officers are a legal title holder of not only the Express
trust, but also the constructive trust.
As now has been placed on the record I share the same or similar name
as the named defendant in their case # JD-2019-23, However, for the clarification,
I am not now acting in the capacity as the named defendant, I am the beneficiary
and equitable title holder. None of this information is foreign to the court, this
matter must proceed I equity, failure and/or refusal to proceed at equity, under
exclusive jurisdiction will constitute contempt of justice.
ELEMENTS OF A TRUST:
1. Settlor/Grantor/a trustee – intended to create a trust, which is perceived by
the reasonable observer, as in the case of the New Deal and the several
Federal Acts and associated State regulations-
a. The Emergency Banking Relief Act of March 9 th
, 1933
b. The Social Security Act of 1934, the trust Indenture Act
c. The Social Security Trust
d. The Treasury Trust Fund
e. The Public Trust and the Administration thereofThese are each specific and Special RELATIONSHIP Agreements , as they
are specifically designed and voluntarily submitted to as required by the 13 th
amendment authorizing such.
2. Rights Must Be Identified
a. As evidence by Due Process of Statutory Provisions and the 14 th
amendment section.
3. Identification of beneficiary- whom the property is held on Behalf of (held
in-trust)
4. Shares/assets/property must be identified
5. The Trust Must Be Workable
6. Must have an ending i.e. can't last forever
All Elements of a Trust Are Present- 31 C F.R 363.6
Minor means an individual under the age of 18 years. The term minor is
also used to refer to an individual who has attained the age of 18 years has not
yet taken control of the securities contained in his or her minor account.
Minor account means an account that a custodian controls on behalf of a
minor, that is linked to the custodian’s primary account. (See 31 CFR 363.10 and
363.27 for more information about minor accounts.)
The Settlor is Federal Government directly and through the state and
local governments (this indication is specified by the use of the Lower
Cased“state" and “government”
, and other proper nouns). Through various acts of
Congress, and through the Age of Majority Act's.
The identity of the Equitable Beneficial Title Holder is the Minor both
un-attained and attained, until they control the securities/shares in the trusted
account.
The Rights are Identified by the right to attain the Age of Majority, to
gain control of Securities Held in one's Minot Account, and to be free from
minors disabilities.
The Trust is workable in that the Custodian/fiduciary/Trustee/Ministerial
Clerk must hold the minor/infant account in trust on/for the benefit/behalf of a
minor/infant, that is linked to the custodian’s primary account (in Most Instances
the Federal and State Treasuries).
The Trust may not last forever as it and the duties of all parties end upon
the attaining the Age of Majority, and documenting such in a definitive manner by
attaching an affidavit attesting such as his or her BIRTH CERTIFICATE- NOT THE
PRINCIPAL:
The register of titles is authorized to receive for registration of
memorials upon any outstanding certificate of an official birth certificate
pertaining to a registered owner named and said certificate of title showing the
date of birth of said registered owner , providing there is attached to said
certificate an affidavit of an affiant who states that he/she is familiar with the
facts recited, stating that the party names and said birth certificate is the sameparty as one of the owners name and said certificate of title, and that thereafter
the register of titles shall treat registered owner as having o trained the age of
majority as of the date of 18 years after the date of birth shown on said
certificate ;…
The aforementioned is a general court rule, meaning that it applies in
principle in all birth certificate attaining related matters, and administrative
proceedings. A power of attorney titled in part-
";Noear, Sykes
Power-of-attorney-general IN FACT"
, A PRIVATE SPECIAL RELATIONSHIP
EXPRESS TRUST, encompassing all related matters and associated properties is at
issue invoking EXCLUSIVE JURISDICTION AT/IN EQUITY.
This matter does not involve a statutory and/or constitutional provision
respecting a minor and or infant. This matter exclusively and specifically
involves an estate/trust and the property of an infant/minor under equitable
law.
Generally, an infant may acquire Property rights, but he or she is not
regarded as capable of managing his or her property. Hence, the law does not
entrust him or her with the custody or control of his or her estate. The reason my
an infant/minor in not capable of managing his or her own property m, is because
the have not yet attained the age of 18 and or taken control of the securities,
assets, properties, held in their minor account, a general principle of equitable
law.Generally, as an equitable principle, the statute of limitations, is
suspended as against infants during their disability, or either do not begin to run
against an infant until obtaining of majority, or where infancy does not tell the
statutes, the infant is allowed a statutory period after attaining majority to
contest any adverse possessions which commence during infancy. Here, the
inference is upon the infant attaining the age of majority, the same with respect
to a minor and/or juvenile, and as noted, such a person/individual shall remain a
minor and or infant until such time as they gain control of the assets held in their
minor account through equity.
With this supporting affidavit, the complainant stated that this court in
good conscience and good reason shall aid the complainant in his prayer or show
cause via facts and conclusions of equitable law why he is not entitled to just
compensation and other equitable relief to which he is entitled as equitable
beneficial title holder.
Complainant prays to this court for damages in the amount as specified in
the contract and the value of the full estate plus interest, for the court is under
obligation in the exercise of its inherent equitable powers to do equity.
Complainant additionally prays for an injunction to issue against
Respondent And the, Attorney for taking of trust property, private information
and solicitation against the complainant where he is not entitled to act against the
trust with just or any other cause. For such is construed as intermeddling with the
estate of the infant/minor, for which they are strict and severe penalties.Sources Cited:
Ss 336. Damages – The power to award damages in a proper case, as a
necessary incident to other purely equitable relief and in the same decree, is fully
admitted m, and even to award damages alone in very special cases; but the
jurisdiction has been exercised with the utmost caution and reserve. See JUDICIAL
INTERPRETATION OF JURISDICTION, Pomeroy, Equity Jurisprudence.
A court of equity Grant’s the relief of compensatory damages in
connection with some other specific relief, and under very peculiar circumstances
it decrees the payment of damages alone. Several kinds of equitable suits are
wholly pecuniary in their relief, as those for contribution and exoneration. See
JUDICIAL INTERPRETATION OF JURISDICTION L., Pameroy, Equity Jurisprudence.
Maxims of Equity and Adjudication States that a court of equity (ss 56) to
protect and’ enforce rights to property the object of suits in chancery. The term
“property,
” as used in this section, includes that is subject of exclusive individual
ownership; or, to be more specific, includes not only lands, houses, goods and
chattels, rights and credits, but. So, a man's person, and his wife and minor
children, and his and their reputation, health and capacity to labor, and his and
their right to enjoy the senses of sight, smell, hearing and taste, and his and their
right of speech and locomotion, and his and their right to e joy their sense of
moral propriety when normal, As men live by their labor and property, no man is
presumed to part with either without receiving or expecting an equivalent in
value. Hence, whenever one person has obtained either the labor or property of
another he should pay or account therefore, unless he can prove it was a gift; andso, whatever injury one person does to another’s property or capacity to labor
should be made good.
Sincerely,
Diva Cashay Sykes beneficiary and agent
All proceedings belong to Beneficiary under the trust (DCS) I Am Stack Diva Power Moves
