Thursday, April 22, 2010

Leo starts HEIL Storm Over What is "Preserve" Wild Horses, & Nevada Uses His Trust Fund $$ to DICTATE BLMs Management Plan!

Below is a link to an on-line newpaper archive where you can read an article from 1984 about what became of the Leo Heil Trust Fund and there you will learn that the money was held up for years & years while state politicians invested it in their own special interests until the trust grew and grew and then they used that money to lobby their friends in Washington, DC to influence the way wild horses should be managed, and that is to "manage" them right off their land, much the same as they are doing today, and much the same way that they always will. In other words, Nevada used the Heil Will Money to Influence the BLM on Wild Horse Management Planning: Apparently, Nevada "Wrote the Book" on Wild Horse Managment FOR ALL of BLMs wild horses (and burros) roaming anywhere on BLM land! It was a National plan of extinction CONCEPTUALIZED by NEVADA upon their becoming trustees of the Leo Heil Will!
(Diverson of funds, conversion, UnJust Enrichment, BREACH of Fudiciary & Trust) Read the 1984 article in the link below;
Also with the Leo Heil Will Monies, the "Commission on Wild Horses & Burros" was formed to "preserve and protect" Nevadas Wild Equines and we all know how well they succeeded in that, is a recent article indicating that they "ran out of money" last June (Note that there was a $900,000 "base trust" that they were not supposed to touch so that the trust could go on in perpetuality existing off of the interest - what happened there? Ha.)
Formation of the Commission, Mission and Goals;

June 2010, The Commission "Goes Broke: Article;

Where did all the money go? After all, the BLM also had an annual budget supposed to go to the managment of our wild horses and burros, so again I ask, where did all the money go? Is Nevada using the Leo Heil Will Monies to manage them right off the lands? You betcha, and they need a lawsuit challanging the mismanagement of not only our wild equines but of the Leo Heil Trust Fund as well.

Here is a case where, in 1989, a couple of animal welfare orgs challenged Nevadas handling of the Trust Fund, which did at least establish one important thing,...that indeed an enduring "charitable trust" was created by the language of the will and that the California Surrogates Court is the proper court for any challanges to the managment of same .

California Courts of Appeal Reports
ESTATE OF HEIL, 210 Cal.App.3d 1503 (1989)Docket Nos. H003227, H002589.May 30, 1989.

American Horse Protection Association, Inc. and Nevada Federation of Animal Protection Organizations (hereafter collectively AHPA) sought to remove the State of Nevada as trustee of a testamentary trust allegedly created by the holographic will of a California resident. After Nevada successfully moved to quash service of summons in the trial court, AHPA filed a virtually identical action in the original probate proceeding. The probate court also granted Nevada's motion to quash. Both courts premised their rulings on a determination that the final decree of distribution did not create a charitable trust. We disagree. The language of the will and of the final decree of distribution created a trust over which the probate courts of this state have continuing jurisdiction. Accordingly, we reverse the judgment of dismissal in both actions.


Aint it funny though how Nevada fought so hard to keep their status as trusties of the money to preserve the horses but of course, all they wanted was control of the money and cared less and still dont care about the horses. Plus, as long as they controled the money they could actually tell BLM what to do, as far as what is the "acceptable" way to preserve them. I hate to think of it but I am thinking it is true, ...if not for the Leo Heil money, Nevada COULD NOT tell BLM what to do. I know Mr. Heil loved Nevadas wild horses. I read where he came to visit them all the time. It was his FAMILY that put that BS out that he didnt "particuarly" like horses,---of course, they were contesting the will. Poor Mr. Heil. He tried. His intentions were good.

"The Road to Ruin is PAVED with Good Intentions" .


Anonymous said...

Hey, this is something else!! Could be a foot in another shut door. You do good stuff over here, many thanks, CJ... mar

Anonymous said...

I have been trying to find out what happened with that Fund for months. . . thanks for connecting the dots! Wow!

Mz.Many Names said...

I promiced myself yeeeaaaars ago when living in Nevada (1984) that I would find out someday....did you catch the year that article came out? 1984. I find that totally bizarre!

*Also I heard the Nevada Dept. of Ag was VERY influencial in influencing the BLMs WFH&B Management Plan. I am trying to find out more about that.

Yes you are right about perhaps opening a new door - we need all the "open doors" we can get if we are EVER to STOP them in their tracks,....still, I know of only one way right now that it can be done, and quickly, and that is a legal challenge to their statutory nullification. They are nullifying more than just one Federal Statute, and that is VERY serious stuff. I really cant imagine why no savy lawyer has picked up on this, but then again, not all of them know constitutional law or practice it that much. What is needed is a constitutional lawyer with a HEART for the wild ones!

Anonymous said...

Janet Ferguson says. . .

That is exactly what my sister said, her very words: you need a constitutional lawyer!

Mz.Many Names said...

Now we are getting somewheres! Your sister must be a smart one realize this. Hopefully now the hunt will be on for a good constitutional lawyer who actually cares about the wild ones and what the BLM (through Nevada) has done...and puuullleeeeezzze, NO MORE of these, like the Nevada Rancher / Rodeo lawyer Guy who dropped the Sheldon case;