Canons of Positive Law
3.2 Rights Administration
Article 99 - Estate
Estate, is a fictional concept first created during the reign of Henry VIII of England through Statutes concerning Wills and of Uses (Property) Act of 1540 to describe the existence of two "Funds" (Real and Personal) within a Trust Corpus (Body Corporate or “Person”) of a “Master” Trust for "Term of Life or Years" upon one or more presumptions. Hence the word Estate is derived from two Latin words e+statuo literally meaning “by virtue of decree, statute or judgment”.
While only one Estate may belong to a Trust Corpus and Trust, an Estate may contain potentially an unlimited number of Trusts. Therefore, when one speaks of the Estate of a Legal Person, it refers to all and every existing Trusts and all possible future Trusts that may be associated to the Person.
All Trusts and therefore Property held in Estate are aggregated into two categories being either Real or Personal:
(i) Real Estate consists of the first right of use by the Estate in land and tenements also known as “freeholds” which traditionally descend to Heirs if no Will, or if a Will exists to Executors and their Administrators and may be subsequently leased to Beneficiaries; and
(ii) Personal Estate consists in chattels or movables which go to Executors and their Administrators who may then lease them to Beneficiaries for use.
The Deed and Will of a Testamentary Trust, that forms an Estate is also known as a Constitution or Statute. Statute, Constitution and Estate are all derived from the same Latin root word statuo.
As every Estate requires the existence of a Trust prior to its existence, an Estate can never hold Real Property. Real Estate implies merely first right of use within the constraints of the Estate, whereas Real Property implies the first right of use of a physical object or concept above all other claims.
The term Estate is a description of the collection and arrangement of trusts and property within the trust corpus and so as a term itself is devoid of legal personality. Instead, it is the body being the trust corpus or legal person to which the estate belongs that is recognized as a valid legal entity, having legal personality.
The maximum allowable interest of Real Estate is Fee Simple, also known as Freehold which may be of potentially infinite duration, a life Estate or an Estate for a predetermined number of years. The Owner of Freehold may then typically create smaller Estates from their land known as Leaseholds.
There are only two modes of acquiring Title to Real Estate, either by descent as an Heir or by Purchase. When a Person acquires Real Estate by descent they are considered an Heir and when it is acquired by purchase they are a Purchaser.
Any political body or aggregate known as “State” is by definition an “Estate” and must therefore belong to a single Trust Corpus or legal person which itself belongs to a Testamentary Trust in accordance to a particular Constitution or Statute as its Deed and Will.
The granting of Benefits from an Estate to Beneficiaries is at the discretion of the Executors in accordance with the terms of the Deed and Will of the Estate. A Beneficiary of an Estate is always the same as a Beneficiary of a Trust.
When referring to the Legal Person created within the Roman System upon certain presumptions at birth, the term Estate encompasses the body, mind, spirit and all possible existing Trusts, properties and liabilities and future Trusts created within the Roman System.
While a Public Trustee within the Roman System may be granted from time to time the position of Executor of a Trust belonging to the Estate of a Legal Person, by the very definition of Estate no agent, principal, trustee or entity may presume to claim the role of General Executor of the Estate of the Legal Person except the flesh, mind and spirit of the being for whom the Estate was first created.
When a man or woman acts as a trustee of one or more Trusts associated with the Estate of their Legal Person, the office of General Executor of the Estate is therefore vacant. However, when a man or woman demonstrating competence, wisdom, humility and duty gives public notice of their occupying the office of general executor of the estate of their Legal Person, no other trustee, public servant, agent or entity may usurp their authority concerning the estate.
Any person who seeks to usurp the position of the general executor of the estate and unlawfully claim the office of Executor without permission is known as an Executor De Son Tort and may be charged with fraud.