Pactum De Singularis Caelum
Covenant of One Heaven
Principles
Article 19 - Trusts and Estates
A Trust is a fiction form of relation and agreement whereby one or more Rights or Property are held under certain conditions by one or more Trustees for the benefit of another (Beneficiary).
The word Trust comes from the abbreviation of a Latin phrase associated with the Feudal system of the Pisans/Venetians in the 14th Century being “Tu Rus Tuum” meaning “My land/village/farm/body/blood is Yours” as a solemn and strong vocal pledge of assurance and loyalty to such forces. However, in accord with the present sacred Covenant, the official abbreviation of the word Trust shall forever be known as “Tuum Rus Tuus” meaning “Your land/village/farm/body/blood is yours”.
All valid Trusts may be categorized by their proper formation as either Instructed or Facilitated:
(i) Instructed Trust, is when a Trust is created by a Trustor and Trustee with clear intentions, subject matter and purpose(s) by a person having the legal capacity to perform such an act; and
(ii) Facilitated Trust, is when a Trust is created by a Surrogate Trustor or simply a “Surrogate” and Trustee by implication and function of law, being either a “Manufactured Trust” (Constructive Trust) by operation of law, or a “Consequential Trust” (Resulting Trust) by effect of events determined by law.
A Trustor is the generic term for anyone possessing the proper authority to transfer any rights, title or property to another. The other party upon acceptance of the Fiduciary obligations upon a valid Oath and Vow then formalizes the valid Trust as Trustee. All persons that possess the proper authority to transfer any rights, title or property to another are by default “Trustors”.
There are only four (4) possible types of Trustor, depending upon the primary nature and intention associated with any conveyance of rights, title or property in Trust being Grantor, Donor, Assignor or Delegator:
(i) A Grantor is a person who conveys or transfers complete possession and ownership of property for some financial consideration in return under one or more terms and conditions and may be further defined as a Feoffor, Devisor, Testator, Settlor, Obligor, Addressor, Sender, Seller or Purchaser; and
(ii) A Donor is a person who conveys or transfers complete possession and ownership of property without any financial consideration under one or more terms and conditions and may be further defined as a Giftor, Debtor, Guarantor, Indemnitor or Mortgagor; and
(iii) An Assignor is a person who temporarily conveys or transfers one or more benefits and rights of possession and use of some property for some financial consideration in return, under one or more terms and conditions and may be further defined as a Consignor, Bailor, Depositor, Employer, Insurer, Hirer, Lessor, Lender, Creditor, Licensor, Lienor or Scrivener; and
(iv) A Delegator is a person who temporarily conveys or transfers one or more benefits and rights of possession and use of some property without any financial consideration under one or more terms and conditions and may be further defined as an Executor, Commissioner or Administrator.
A Trustee is an Office formed by a valid Oath and Vow to the Terms of Trust to take possession of certain Rights and Property from a Trustor and perform certain Obligations:
(i) The manner and character of a Trustee may be described as a position of Trust that is equivalent to the term Fiduciary; and
(ii) The valid Oath and Vow taken as to the Terms and Conditions of Trust creates the Office of Trustee; and
(iii) In the absence of a valid Oath and Vow, no Office may exist; and
(iv) The present sacred Covenant is the highest possible Oath and Vow of the Divine Creator of all Existence and all Heaven and Earth in the formation of all Divine Trusts and True Trusts; and
(v) The sacred constitution charters of the Ucadia Globe Union, Africans Union, Americas Union, Arabian Union, Asia Union, Euro Union and Oceanic Union are the highest possible Oaths and Vows in the formation of all Superior Member Trusts.
A Beneficiary is a named or unnamed party at the time of the formation of the Trust who benefits or receives an advantage in Trust. A Beneficiary, by definition is an “interested party” in a Trust or Estate:
(i) A named Beneficiary is an agent (with the Trustee being the principal) and may be commissioned or non-commissioned; and
(ii) An unnamed Beneficiary is a creditor (with the Trustee acting as debtor) to whom the trustee owes basic duties arising by law, agreement or claim.
All valid Trusts, by their formation are classified as either Instructed Trusts or Facilitated Trusts and must possess the following ten Essential Characters of Trust being Rights, Trustor, Trustee, Reason, Intention, Benefit, Condition, Oath and Vow, Execution and Proof:
(i) Rights means there must be something that may be clearly defined in terms of Rights or Property to convey in the first instance; and
(ii) Trustor means there must be a valid Trustor or Surrogate Trustor (as in the case of a Facilitated Trust) possessing the necessary authority to transfer any Rights or Property to another; and
(iii) Trustee means there must be a suitably competent, capable and willing person prepared to make a valid Oath and Vow to accept custody of the Rights or Property from the Trustor or Surrogate Trustor; and
(iv) Reason means there must exist at least one clear Purpose or valid Reason for the Trustor to convey and transfer the Rights or Property to the Trustee; and
(v) Intention means the Trustor or Surrogate Trustor must demonstrate via some Act their intention to convey and transfer the Rights or Property to the Trustee; and
(vi) Benefit means there exists a clear Benefit to be offered to another as one or more named or unnamed Beneficiaries; and
(vii) Condition means at least one or more terms and conditions exist as to the obligations of the Trustee to manage such Rights or Property and also to any Beneficiaries accepting one or more Benefits; and
(viii) Oath and Vow means the person agreeing to be Trustee made a valid Oath and Vow to accept the Rights or Property under one or more Conditions; and
(ix) Execution means the Trustor and Trustee executed the formal transfer and conveyance of such Rights or Property after the valid Oath and Vow was given; and
(x) Proof means some proof in the form of written instruments or testimony under valid Oath and Vow exists as a memorial of the event and execution of the agreement.
All valid Trusts may be categorized according to the essential Status and Authority of the Trustor, being Divine, Living or Deceased:
(i) A Divine Trust is the highest form of trust also involving the highest form of rights of ownership. A Divine Trust is purely spiritual and divinely supernatural formed in accord with the present sacred Covenant by the Divine Creator whereby the form of Divine Spirit, Energy and Rights are conveyed. Therefore, a Divine Trust is the only possible type of Trust that can hold actual Form, rather than just the Rights of Use of Form (Property); and
(ii) A Living Trust, also called an “Inter Vivos” Trust is the second highest form of rights of ownership. A Living Trust typically exists for the duration of the lifetime of the Person(s) or Juridic Person(s) who are the beneficiaries. There are only four (4) valid forms of Living Trusts: True, Superior, Temporary and Inferior; and
(iii) A Deceased Trust, also known as a Testamentary Trust, also known as a Deceased Estate and simply a State is the lowest form of Trust and the lowest form of rights of ownership of any possible form of Trust. A Deceased Trust is when property is conveyed into a Testamentary Trust upon the death of the testator.
In respect of the four types of Living Trusts being True, Superior, Temporary and Inferior:
(i) A True Trust is the highest form of Living Trust. A True Trust is formed by a True Person in accord with the present sacred Covenant, when it is validly registered into the Great Register and Public Record of a Ucadian Society on the condition of (1) the pre-existence of a Divine Trust where the True Person is the named Beneficiary; and (2) the lawful conveyance from the Divine Trust into the True Trust of certain Divine Rights of Use known as Divinity, being the highest possible form of any kind of Property. A True Trust may be for a single man, or woman called a “True Person Trust”, a True Location Trust containing Divine Right of Possession of Promised Land, or an aggregate trust such as a Universal True Trust, Global True Trust or Civil True Trust; and
(ii) A Superior Trust is the second highest form of Living Trust. A Superior Trust is formed in accordance with the present sacred Covenant and the associated Constitutional Charters of valid Ucadian Societies when it is validly registered into the Great Register and Public Record of a Ucadian Society on the condition of (1) the pre-existence of a True Trust where the Superior Person is the named Beneficiary; and (2) the lawful conveyance from the True Trust into the Superior Trust of certain True Rights of Use known as Absolute Realty, being the highest temporal form of any kind of Property. A True Trust may be for a single man, or woman called a “Superior Person Trust”, or an aggregate trust such as a Global (Superior) Trust, Civil (Superior) Trust, Mercantile (Superior) Trust, Union (Superior) Trust, Clann Trust, Official Trust or Location Trust; and
(iii) A Temporary Trust is the third highest form of Living Trust involving the temporary conveyance of property from one Superior Trust to another. Excluding Negotiable Instruments, a Temporary Trust is not permitted to exist beyond seven years; and
(iv) An Inferior Trust, also known as an Inferior Roman Trust, or simply Roman Trust is the lowest form of Living Trust possessing the lowest possible form of rights of ownership. An Inferior Trust can never be considered superior to a Superior Trust or Divine Trust. An Inferior Trust is any Living Trust or Implied Trust or Express Trust formed by inferior Roman Law, claims and statutes.
The conveyance of Property within a Divine Trust including the claiming or attempted registration of the name Ucadia, or any mark, symbol, content, icons, rights or images, or the ownership of a Divine Trust itself is expressly and implicitly forbidden in any form, presumption or method by Heaven and the Divine Creator and therefore any such claim or attempt is automatically null and void. Furthermore, the grant of any Right of Use of Divine Property is strictly limited subject to those relevant clauses expressed within the present Covenant.
The conveyance of Property within a True Trust or the ownership of a True Trust itself is strictly limited subject to those relevant clauses expressed within the present Covenant and Canons of law annexed herein.
The conveyance of any Property within a Superior Trust or Inferior Trust or the conveyance of ownership of either types of Trusts may only ecclesiastically, legally and lawfully be accomplished if such a transaction is done peacefully with the full consent, amity and respect of all parties as either a Gift or a Grant once any associated outstanding accounts of estate are settled and closed in accord with the present sacred Covenant.
Property within a Superior Trust or Inferior Trust that is in dispute may not be rightfully conveyed, nor may any outstanding accounts be settled and closed, until a state of peace and amity is reached or in the specific and unique case of Inferior Trusts that a period of ninety (90) days without further dispute is legally documented and the legal presumption of peace and amity may be inferred.
An Estate is a fictional form being a valid record in a type of Register known as a “Roll”, issued by some authorized ecclesiastical body, sovereign body or body politic, denoting the assumed or actual beneficial rights or “privileges” and obligations of one or more persons of the same condition and circumstance:
(i) A valid record in an Estate Roll creates a unique legal entity having certain limits of legal capacity or “standing” or “status” within the jurisdiction of the body and control of the body that created it. Therefore, in the first instance, an Estate is equivalent to the concept of a unique “legal person”; and
(ii) The limits of legal capacity or “standing” or “status” determined by the valid record in the Estate Roll owned by the authorized ecclesiastical body, sovereign body or body politic that created it therefore defines to what extent other property may (or may not) be held and used as “privileges and “liberties” by the beneficiary claiming use of the “legal person”. Therefore, in the second instance, an Estate is equivalent to the primary “legal title” and “legal capacity” and “legal standing” of a particular class of persons; and
(iii) Subject to such limits of legal capacity and legal standing, an Estate may then hold one or more beneficial “rights of use” or property as “privileges and “liberties” within one or more temporary beneficial trusts associated with the Estate (i.e. “real estate” and “personal estate”). Therefore, in the third instance, an Estate is equivalent to the aggregate property of immovable, movable, corporeal and incorporeal things associated with these temporary trusts (i.e. “the whole of the estate”); and
(iv) To properly administer the affairs of the Estate, the beneficial rights, also known as property may then be pledged, promised, assigned, granted or delegated as security to form one or more assets. The value of such assets may then be monetized or securitized through various funds, agreements, licenses, accounts and certificates. Therefore, in the fourth instance, an Estate is equivalent to the aggregate monetary value of the net assets of the estate after all debts have been discharged.
The term Estate was first created under the 8th Century Sacré Loi (“Sacred Law”) of the Catholic Church by the Carolingians and then revived in the 16th Century, comes from the 8th Century Anglaise word estat meaning “state possessing rights of some level of self-government; and the government or condition of such rights”, itself derived from the Latin terms e meaning “by reason of; out of” and statuo meaning “to decree, prescribe or judge; status”. Hence, the term estate literally means by its etymology “by reason of (royal) decree, prescription or judgment”.
All valid Estates exist under certain fundamental assumptions:
(i) The rules of formation and management of an Estate Roll and lesser Registers must exist as public law within the rules of the ecclesiastical body, sovereign body or body politic that created it; and
(ii) The Rights associated with an Estate are always “Rights of Use”, also known as “Property” and not the primary Rights of ownership. Thus, Estates always concern Property as “Rights of Use”; and
(iii) As the Rights associated with an Estate are always “Right of Use” of some Right, a separate Trust must first exist before the Estate is created; and furthermore, that the Rights being the source of the “Rights of Use” in question must also have been named and conveyed into the existing Trust by a Trustor; and
(iv) The authorized ecclesiastical body, sovereign body or body politic that created the Estate Roll owns “legal title” to any such Rights conveyed into such an Estate; and
(v) All Rights in Estate (within the Estate) are Beneficial Title or Equitable Title and not legal title; and
(vi) Beneficial Title means one or more “privileges” or “liberties” that, subject to the rules of the Estate, may be withdrawn or forfeited or alienable; and
(vii) Equitable Title means a “privilege” not in possession of the Beneficiary, but claimable and recoverable through a qualified forum of law with equity powers - being rights of a surrogate Chancery Court. Thus, certain permits, titles, letters, certificates and patents issued to a Beneficiary as “Equitable Title” does not necessarily mean the Beneficiary holds one or more “privileges” other than to sue in a valid court of equity to claim or recover one or more of these such “rights”; and
(viii) The rules for the administration of Property (Rights of Use) within the Estate is through a Deed of Testamentary Disposition, otherwise known as a Will by a Testator, or in its absence (Intestate), some other established and authorized rules; and
(ix) For every valid Estate, a Fiduciary must be named and duly appointed to govern the affairs of the Estate, either as an Executor, or appointed Administrator in the absence of clear instruction or dispute of authority; and
(x) For every valid Estate that engages in trade or commerce, at least one duly appointed Agent must exist and be duly appointed, registered and acknowledged to manage the day to day business of the Estate under the authority of the Executor or appointed Administrator as the Principal.
As a valid Estate is created via a valid entry and formation of a record into some form of Estate Roll, the general authority, nature and function of Rolls apply:
(i) The authority to form a Roll is defined by the limits of authority of the constituting Instrument of the relevant Trust or Estate or Fund; and
(ii) The Rights, Powers and Property prescribed to those Persons as Estate created and defined within a Roll cannot exceed the Rights, Powers and Property of the Trust or Estate or Fund itself; and
(iii) All Rolls are completely and exclusively Ecclesiastical Property and can never belong to a Trust, or Estate or Fund that formed or inherited it. Instead, all Rolls are the property of One Heaven. Therefore, all Estates are the property of One Heaven; and
(iv) All Rolls are hierarchical in their inheritance of authority and validity from One Heaven, beginning with the highest being the Great Roll of Divine Persons. Therefore, the highest Estates are Divine Estates and the lowest are Inferior Estates. A Roll that cannot demonstrate the provenance of its authority, has none and is null and void from the beginning; and
(v) As all Rolls are completely and exclusively Ecclesiastical, absolutely no clerical or administrative act may take place in association with a Roll unless by a duly authorized Trustee under active and valid sacred Oath and Vow in a manner consistent and in accord with these Canons; and
(vi) The entry of a record into a Roll is completely invalid unless the memorial or deed of the act giving authority is done without duress, is done freely and with full knowledge and is consistent and in accord with these Canons and the most sacred covenant Pactum de Singularis Caelum.
Valid Estates as valid records on a Roll may be further defined in hierarchy of authority, form and function as Divine, True, Superior, Juridic or Inferior:
(i) A Divine Estate is a valid purely spiritual Estate representing the collection of rights and obligations of a Divine Person recorded as a valid entry within a Divine Roll constituted in accord with the present sacred Covenant. No Roll or Person is Higher; and
(ii) A True Estate is a valid Estate representing the collection of rights and obligations of a True Person (Office of Man or Office of Woman) recorded as a valid entry within a physical and temporal Roll constituted in accord with the Society of One Heaven in the recognition of the most sacred Great Roll of Divine Persons and the Great Register and Public Record of One Heaven; and
(iii) A Superior Estate is a valid Estate representing the collection of rights and obligations of a Superior Person recorded as a valid entry within a physical and temporal Roll constituted in accord with a valid Ucadian Society; and
(iv) A Juridic Estate is a valid Estate representing the collection of rights and obligations of a Juridic Person recorded as a valid entry within a physical and temporal Roll constituted in accord with a valid Ucadian Society; and
(v) An Inferior Estate is any Estate representing the collection of rights and obligations of a Person as an entry within a physical and temporal Roll formed under Law not in perfect accord with these Canons. All Western, Eastern and Roman Estates are Inferior Estates.
In respect of the Authority and Power of the classes and types of Trusts:
(i) A Divine Trust ceases upon the will of the Divine Creator of all Existence in accord with the present sacred Covenant and no other. A Divine Trust cannot be salvaged, seized, captured, arrested, alienated, resigned, abjured, transferred, conveyed, donated, assigned or surrendered; and
(ii) A True Trust ceases upon the physical death of the body, or body politic that is associated with it. A True Trust is not dependent upon the good character or intentions or actions of the Trustee or Trustees. Furthermore, a True Trust cannot be salvaged, seized, captured, arrested, alienated, resigned, abjured, transferred, conveyed, donated, assigned or surrendered; and
(iii) A Superior Trust ceases upon its Dissolution, Satisfaction, Termination, Cessation or Annulment, with the res or property of the Trust being returned, or distributed or disposed accordingly upon the publication and patenting of an official Gazette notice within the Ucadia Gazette as evidence to the fact; and
(iv) A Temporary Trust ceases upon its Dissolution, Satisfaction, Termination, Cessation or Annulment, with the res or property of the Trust being returned, or distributed or disposed accordingly upon proper notice in accord with the present sacred Covenant or associated Covenants, Canons and Rules of Ucadia; and
(v) An Inferior Trust ceases upon its Dissolution, Satisfaction, Termination, Cessation or Annulment, with the res or property of the Trust being returned, or distributed or disposed accordingly upon either the publication and patenting of an official Gazette notice within the Ucadia Gazette as evidence to the fact, or such rules of Inferior Law that do not contradict the present sacred Covenant or associated Covenants, Canons and Rules of Ucadia.
All Land being the soil and the fruits of the soil and all that is constructed and existing upon it and within it; and all Sea, being all forms of still and flowing water, energy and ocean; and all Air being the atmosphere of the planet Earth; and all Life being all cellular life forms upon and within the planet Earth are hereby acknowledged as being placed in Divine Trust with Divine Right of Use conveyed to the associated True Trusts from the beginning of existence of the planet, before the existence of the Homo Sapien species and any cellular life.
The management of all Divine Trusts has always been granted solely and exclusively to the Society of One Heaven for the benefit of all Life and all Beings from the beginning and no other.
Let it be stated so it shall be known by all, that no Inferior Trust created under Western-Roman law has ever rightfully held Land, Sea, Air or Life or could ever have possibly held such Rights or Uses. Furthermore, no Estate formed of Real Estate within Western-Roman law has ever been based on an Inferior Trust rightfully possessing Land upon which a valid claim may be based. Property in True Trusts must be held and managed with honor and due diligence with valid authority of One Heaven. Without the authority of One Heaven, any trust is without legitimacy and is “de son tort” with all liabilities the sole responsibility borne by any such false trustees, executors or administrators.
Therefore, any claim by any living being, spirit, entity, aggregate, association not authorized by the present Covenant to possess or hold any Trust claiming ownership or use of Land, Sea, Air or Life is hereby invalid, having no force or effect ecclesiastically, legally or lawfully and null and void from the beginning.
Any claim or conveyance that seeks to claim a Prohibited Right, or registration or possession or ownership of the name Ucadia, or any associated marks, content, symbols, icons, intellectual property and rights contrary to the clauses of the present sacred Covenant is a grave transgression against all of Heaven and all of Earth and therefore is invalid, null and void ab initio (from the beginning of such an act of transgression).
Any other form of conveyance of property contrary to the clauses of the present sacred Covenant are hereby invalid, null and void.