Fed Rules Civ. Proc., Rule 60(B)(4) , 28 U.S.C.A.; U.S.C.A. Const Amend. 5. Klugh V. U.S

STATUES & CONSTITUTIONALPROVISIONS

Fed Rules Civ. Proc., Rule 60(b)(4), 28 U.S.C.A.; U.S.C.A. Const Amend. 5. Klugh v. U.S., 620 F.Supp. 892 (D.S.C. 1985). Judgment is a void judgment if court that rendered judgment lacked jurisdiction of the subject matter, or of the parties, or acted in a manner inconsistent with due process (emphasis supplied) , A void judgment has no effect whatsoever and is incapable of confirmation or ratification, Lucas v. Estate of Stavos, 609 N.E.2d 1114, rehearing denied, and transfer denied (Ind. App. 1 Dist. 1993).

New Hampshire Supreme Court Rule 16-A. Plain Error. A plain error that affects substantial rights may be considered even though it was not brought to the attention of the trial court or the supreme court.

NH Rules of Civil Procedure 60: Relief from judgment or Order provide relief for a party from a final judgment for reasons: 1) fraud misrepresentation, or other misconduct of an adverse party; 2) accident or mistake; 3) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59 (b); 4) the judgment is void and; 5) any other reason justifying relief from the judgment.

New Hampshire Rules of Professional Conduct: A lawyer shall not knowingly: 1) make a false statement of material fact or law to a tribunal; 2) fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel; or 3) offer evidence that the lawyer knows to be false.

New Hampshire Constitution [Art.] 2. [Natural Rights.] All men have certain natural, essential, and inherent rights - among which are, the enjoying and defending life and liberty; acquiring, possessing, and protecting, property; and, in a word, of seeking and obtaining happiness. Equality of rights under the law shall not be denied or abridged by this state on account of race, creed, color, sex or national origin. June 2, 1784

New Hampshire Constitution [Art.] 8. [Accountability of Magistrates and Officers; Public’s Right to Know.] All power residing originally in, and being derived from, the people, all the magistrates and officers of government are their substitutes and agents, and at all times accountable to them. Government, therefore, should be open, accessible, accountable and responsive. To that end, the public's right of access to governmental proceedings and records shall not be unreasonably restricted.

New Hampshire Constitution [Art.] 12. [Protection and Taxation Reciprocal.] Every member of the community has a right to be protected by it, in the enjoyment of his life, liberty, and property; he is therefore bound to contribute his share in the expense of such protection, and to yield his personal service when necessary. But no part of a man's property shall be taken from him, or applied to public uses, without his own consent, or that of the representative body of the people. Nor are the inhabitants of this state controllable by any other laws than those to which they, or their representative body, have given their consent. June 2, 1784

New Hampshire Constitution[Art.] 20. [Jury Trial in Civil Causes.] In all controversies concerning property, and in all suits between two or more persons except those in which another practice is and has been customary and except those in which the value in controversy does not exceed $1,500 and no title to real estate is involved, the parties have a right to a trial by jury. This method of procedure shall be held sacred, unless, in cases* arising on the high seas and in cases relating to mariners' wages, the legislature shall think it necessary hereafter to alter it

New Hampshire Constitution[Art.] 35. [The Judiciary; Tenure of Office, etc.] It is essential to the preservation of the rights of every individual, his life, liberty, property, and character, that there be an impartial interpretation of the laws, and administration of justice. It is the right of every citizen to be tried by judges as impartial as the lot of humanity will admit (emphasis supplied). It is therefore not only the best policy, but for the security of the rights of the people, that the judges of the supreme judicial court should hold their offices so long as they behave well; subject, however, to such limitations, on account of age, as may be provided by the constitution of the state; and that they should have honorable salaries, ascertained and established by standing laws. (emphasis supplied)

New Hampshire Constitution[Art.] 80. [Jurisdiction and Term of Probate Courts.] All matters relating to the probate of wills, and granting letters of administration, shall be exercised by the judges of probate, in such manner as the legislature have directed, or may hereafter direct: And the judges of probate shall hold their courts at such place or places, on such fixed days, as the conveniency of the people may require; and the legislature from time to time appoint.

Probate Administrative Order 11: 2004-0405 04/11/2004 [A1/A 166] through [A1/ 171]

NH RSA 311:6 Oath. – Every attorney admitted to practice shall take and subscribe, in open court, the oaths to support the constitution of this state and of the United States, and the oath of office in the following form: You solemnly swear or affirm that you will do no falsehood, nor consent that any be done in the court, and if you know of any, that you will give knowledge thereof to the justices of the court, or some of them, that it may be reformed; that you will not wittingly or willingly promote, sue or procure to be sued any false or unlawful suit, nor consent to the same; that you will delay no person for lucre or malice, and will act in the office of an attorney within the court according to the best of your learning and discretion, and with all good fidelity as well to the court as to your client. So help you God or under the pains and penalty of perjury.

NH RSA 490:4 Jurisdiction. – The supreme court shall have general superintendence of all courts of inferior jurisdiction to prevent and correct errors and abuses, including the authority to approve rules of court and prescribe and administer canons of ethics with respect to such courts, shall have exclusive authority to issue writs of error, and may issue writs of certiorari, prohibition, habeas corpus, and all other writs and processes to other courts, to corporations and to individuals, and shall do and perform all the duties reasonably requisite and necessary to be done by a court of final jurisdiction of questions of law and general superintendence of inferior courts.

NH RSA 547:3 Jurisdiction.
I. The probate court shall have exclusive jurisdiction over the following:
(a) The probate of wills.

[Paragraph I(b) effective until January 1, 2006; see also paragraph I(b) set out below.]

(b) The granting of administration and all matters and things of probate jurisdiction relating to the composition, administration, sale, settlement, and final distribution of estates of deceased persons, including the assignment of homestead and claims against the executor or administrator for those services related to the prior care and maintenance of the decedent and the administration of insolvent estates and appeals therefrom.

[Paragraph I(b) effective January 1, 2006; see also paragraph I(b) set out above.]

(b) The granting of administration and all matters and things of probate jurisdiction relating to the composition, administration, sale, settlement, and final distribution of estates of deceased persons, including the establishment of death of a person presumed dead and assignment of homestead and claims against the executor or administrator for those services related to the prior care and maintenance of the decedent and the administration of insolvent estates and appeals therefrom.
(c) The interpretation and construction of wills and the interpretation, construction, modification, and termination of trusts as that term is defined in RSA 564-A:1, I.
(d) The appointment, removal, surcharge and administration of trustees of trusts as that term is defined in RSA 564-A:1, I.
(e) The appointment and removal of conservators, and of the guardians of minors, mentally incompetent persons and spendthrifts, and in relation to the duties imposed by law on such conservators and guardians, and the management and disposition of the estates of their wards.
(f) The adoption of children.
(g) The change of names of persons who reside in the county and who apply therefor.
(h) The termination of parental rights.
(i) Durable powers of attorney for health care under RSA 137-J.
(j) The interpretation and effect of living wills under RSA 137-H.
(k) Petitions for partition pursuant to RSA 547-C.
(l) Petitions to quiet title of real estate pursuant to RSA 547:11-c.
(m) Declaratory judgment actions pursuant to RSA 547:11-b.
(n) Any other jurisdiction as may be granted by statute.
II. The probate court shall have concurrent jurisdiction with the superior court over the following:
(a) Cases involving charitable uses and trusts, other than express trusts, as that term is defined in RSA 564-A:1, I.
(b) Durable powers of attorney under RSA 506:6 and 506:7.
(c) Waivers for marriage of minors pursuant to RSA 457:6-457:7.
III. Nothing in this section shall be construed to confer upon the probate court any additional authority over intervivos trusts beyond that authority exercised by the superior court prior to the adoption of this section.

NH RSA 553:10 Revocation of Administration for Cause. – If an executor or administrator, by reason of absence, or infirmity of body or mind, or by wasteful or fraudulent management in his trust, becomes unfit for the discharge thereof, or unsafe to be trusted therewith, the judge, upon due notice, may revoke the administration.

NH RSA 553:20 Appointment. – Whenever, by reason of the trial of factual issues in a proceeding involving the validity of a will, or by reason of an appeal from the appointment of an administrator on questions of law, or from any other cause, there is delay in determining the final grant of administration upon the estate of a decedent, a special administrator may be appointed, if the interests of the estate require it.

NH RSA 553:22 Duties. – The special administrator, under such directions and restrictions as may be inserted in his or her commission, shall return an inventory of the estate of the deceased, shall take care of and preserve the decedent's property and effects, and shall do all other acts which the special administrator may be directed by the judge to perform. The place of taxation of the property of the deceased shall not be changed in consequence of such appointment.

NH RSA 555:1Complaint of Administrator, etc. – Any person suspected of having concealed, embezzled or conveyed away any of the personal estate of a deceased person may, upon complaint of the administrator, an heir, legatee or creditor of the deceased person, be cited to appear before the judge and be examined, under oath, for the discovery of the same.

NH RSA 555:4 Refusal to Appear, etc. – If the person so cited refuses to appear, or to answer interrogatories upon oath respecting the estate, the judge may, by warrant, commit such person to the house of corrections, there to remain until such person consents to answer such interrogatories, or until released by the complainant or by order of the probate court.

NH RSA 564-A3 in effect as the date (05/21/2004) that the lease was created stated in part, “… from the time of creation of the trust until final distribution of the assets of the trust, the trustee has the power to perform, without court authorization, every act which a prudent person would perform for the purposes of the trust including but not limited to the powers specified in paragraph III.” (emphasis supplied).

NH RSA 567-A:7 Effect of Appeal. – After an appeal has been filed in the supreme court, all proceedings in pursuance of the decision appealed from shall be stayed pending determination of the appeal by the supreme court. The probate judge may, if the interests of an estate require it, appoint a special administrator under RSA 553:20. A decision of a probate judge, so far as it is affirmed or unaltered by the supreme court on appeal, shall be considered to have been in force from the time it was made by the probate judge.

NH RSA 641:1 Perjury

I. A person is guilty of a class B felony if in any official proceeding:
(a) He makes a false material statement under oath or affirmation, or swears or affirms the truth of a material statement previously made, and he does not believe the statement to be true; or

(b) He makes inconsistent material statements under oath or affirmation, both within the period of limitations, one of which is false and not believed by him to be true. In a prosecution under this section, it need not be alleged or proved which of the statements is false but only that one or the other was false and not believed by the defendant to be true.

II. "Official proceeding" means any proceeding before a legislative, judicial, administrative or other governmental body or official authorized by law to take evidence under oath or affirmation including a notary or other person taking evidence in connection with any such proceeding. "Material" means capable of affecting the course or outcome of the proceeding. A statement is not material if it is retracted in the course of the official proceeding in which it was made before it became manifest that the falsification was or would be exposed and before it substantially affected the proceeding. Whether a statement is material is a question of law to be determined by the court.

NH RSA 641:3 Unsworn Falsification. – A person is guilty of a misdemeanor if:

He or she makes a written or electronic false statement which he or she does not believe to be true, on or pursuant to a form bearing a notification authorized by law to the effect that false statements made therein are punishable; or
With a purpose to deceive a public servant in the performance of his or her official function, he or she:

(a) Makes any written or electronic false statement which he or she does not believe to be true; or

(b) Knowingly creates a false impression in a written application for any pecuniary or other benefit by omitting information necessary to prevent statements therein from being misleading; or

(d) Submits or invites reliance on any sample, specimen, map, boundary mark, or other object which he or she knows to be false.

No person shall be guilty under this section if he or she retracts the falsification before it becomes manifest that the falsification was or would be exposed.

UNITED STATES CONSTITUTION – ARTICLE 14 – Right to Due Process

Section 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law, which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

18 USCS 1951 (2003)states “Whoever in any way or degree obstructs, delays, or effects commerce or the movement of any article or commodity in commerce, by robbery or extortion or attempts to conspire so to do, or commits or threatens physical violence to any person or property in furtherance of a plan or purpose to do anything in violation of this section shall be fined under this title or imprisoned not more than twenty years, or both”.

The term ‘extortion’, according to 18 USCS 1951 (2003), means the obtaining of property from another, with his consent, induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right (emphasis supplied)”. Offenses under this code are included within the term “racketeering activity”. Complaints are Federal and filed in accordance with the Hobbs Act of the RICO statute.