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Yapa

The Third Age – Of Mind

Book 10 – The Third Law

10 Estate Law

1	This be Estate Law:
2	An Estate is a fictional form where certain property and rights in use, conveyance or dispute may be placed into a temporary trust and then a derivative of such assets known as an “estate” may be created and granted under title for use in commerce.
3	Two primary types of Estates exist being Superior and Inferior.Superior Estates concerns land and property granted in accord with the Covenant Pactum De Singularis Caelum and the absolute rights and uses granted from the Divine Creator through Divine Trusts into True Trusts and into Superior Trusts. Inferior Estates concern all Roman and Western legal constructs in law that by definition are without legitimate land claims.
4	The concept of Inferior Estates were first invented under King Henry VIII of England as an legal argument to his seizure of property and rights from the Catholic Church. The creation of Estates was used to argue for all such “real” property or “land” being all the soil, all the people, all the "fruits of the land" and improvements of the land being placed into temporary trusts known as “Cestui Que Vie” Trusts until such time as the dispute or conflict ended, or a new Cestui Que Vie Trust was required to be created initially to a maximum 70 years and later to a limit of 99 years. Once corporations were created in greater frequency, the lengths of such temporary trusts were extended to much greater years.
5	Since the time of Henry VIII, all property seized was recorded into specific types of “rolls” with such records extracted and provided as certificates of title to nobles, merchants and people of the kingdom as “title” as a form of “derivative” and proof of existence of an estate in real property.
6	As the “rules” established from the time of King Henry VIII forbid the touching of the underlying property and trust in dispute, the possessor of title of the estate could hypothecate the implied value of the underlying property and then trade from units of that value created into a further derivative called a “fund” whereby accounts for the balancing in inbound demands or liabilities could be offset by outbound promissory notes or assets against units of the fund.
7	Any subsequent derivative instrument such as an annuity or other derivatives listed as assets not reflecting real estate or “land” were then to be treated as personal property or “asset backed securities” of the fund of the estate.
8	As every Estate requires the existence of a Trust prior to its existence, an Estate can never hold Real Property (Land). 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.
9	One of the most detailed areas of the perpetuation of disputed property under Inferior Estates is in the area of inherited property. Hence, a Deceased Estate is the collective assets and liabilities of one or more deceased persons known as a Testator(s), endowed to one or more Heir(s), with certain Benefits accorded to one or more Beneficiaries and administered by Executors or court appointed Administrators acting as Executors.
10	The granting of Benefits to Beneficiaries is at the discretion of the Executors, also called Executives in accord with the terms of the Deed and Will of the Estate. A Beneficiary of an Estate may be a Person or if unknown, lost, a minor or abandoned a particular kind of Trust known as Cestui Que (Vie) Trust.
11	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 Inferior 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.
12	When a man or woman acts as a trustee of one or more Trusts associated with an Inferior 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.
13	As Yapa has never been extinguished, nor have the Trusts of First Law and Trusts of Second Law been dissolved, all valid and legitimate Estates operating on the lands known as Australia are derived from Yapa and are Superior Estates.
14	Any law that is against such truth cannot be law.