Pactum De Singularis Caelum
Covenant of One Heaven
Article 19 - Trusts and Estates
A Trust is a fictional Form of Relationship and Agreement whereby certain Form, Rights and Obligations are lawfully conveyed to the control of one (1) or more Persons as administrators, for the benefit of one (1) or more other Persons.
(iv) At least one (1) Executor appointed by the Owner of the Property conveyed into the Trust, or an Administrator acting as an Executor appointed by an "Executor By the Tenor" (Exsecutor Ab Episcopo Constitutus) if it is a Cestui Que Vie Trust; and
(v) At least one (1) Fiduciary of the Trust, also known as the Trustee, who is neither the Owner nor authorized Person who conveyed the property into the Trust, appointed by and responsible to the Executor, in accord with the Trust Instrument who is then responsible for the administration of the assets of the Trust being the Trust Corpus, also being the collection of Property; and
(vii) The formalization of the rights of Property conveyed into the Trust expressed as a Legal Title held by the Trustees with one (1) or more Equitable Title(s) permitting one (1) or more beneficiaries lawful use of property of the Trust, consistent with the Trust Instrument; and
(viii) One (1) or more beneficiaries.
The highest form of Trust is a Divine Trust, also involving the highest form of rights of ownership. A Divine Trust is purely spiritual and divinely supernatural, formed in accord with the sacred Covenant Pactum De Singularis Caelum by the Divine Creator into which 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).
A Living Trust, also called an “Inter Vivos” Trust, involves the second highest form of rights of ownership. It is distinct from a Divine Trust or a Deceased (Testamentary) Trust that typically exists for a term 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.
The second highest form of Trust also involving the second highest form of rights of ownership is a True Trust, being the highest form of Living Trust. A True Trust is formed in accord with the sacred Covenant Pactum De Singularis Caelum and the pre-existence of a Divine Trust in the lawful conveyance from the Divine Trust into the True Trust, the Divine Rights of Use known as Divinity, being the highest possible form of any kind of Property.
The third highest form of any type of Trust is a Superior Trust, being the second highest form of Living Trust formed in accord with the Covenant Pactum De Singularis Caelum and the pre-existence of a True Trust in the lawful conveyance into the Superior Trust of Property, in the form of Realty being the highest form of Rights of Use of Object and Concepts by Divine Right, also known as Divinity.
A Temporary Trust is the third highest form of Living Trust involving the temporary conveyance of property from one (1) Superior Trust to another. Excluding Negotiable Instruments, a Temporary Trust is not permitted to exist beyond one hundred twenty (120) days.
The lowest form of Living Trust possessing the lowest form of rights of ownership is called an Inferior Trust, also known as an Inferior Roman Trust, or simply Roman Trust. An Inferior Trust is any Living Trust formed by inferior Roman Law, claims and statutes.
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. Deceased Trusts are exclusively an invention of inferior Roman law, whereby property is conveyed into a Testamentary Trust upon the death of the testator. Inferior Roman law has defined a hybrid Deceased Trust called a Cestui Que Vie Trust which uses false and extraordinarily illogical presumptions to create Deceased Estates for the living on the presumption they are "dead" or lost or “abandoned to the sea”.
Any claim that an Inferior Roman Trust possesses superior standing and rights of ownership compared to a Superior Trust, or True Trust, is an absurdity against Divine Law, Natural Law and Positive Law and therefore, is null and void from the beginning, including any associated covenants, deeds and agreements concerning property rights and lesser trusts.
The conveyance of Property within a Divine Trust or the ownership of a Divine Trust itself is expressly and implicitly forbidden in any form, presumption or method. 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.
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 concept first created during the reign of Henry VIII of England in the 16th Century CE through modifications to Statutes of law in England whereby a dispute concerning ultimate ownership of land and property (as in the case of King Henry VIII against the Vatican) 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.
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.
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.
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.
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.
A range of changes were subsequently applied to English law from the 16th Century CE and further refined over the subsequent centuries to maintain forms of “perpetual disputes” concerning the underlying land and property including the inheritance of property in dispute (an estate), or the gift or grant of disputed property, or commerce and trade and disputes in courts of law.
One of the most detailed areas of the perpetuation of disputed property was 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.
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.
Unlike Persons formed through Trust, a Person formed through Estate as a Corporation or Body Corporate is by definition a dead person, possessing no life, no right of argument and totally subject to the execution of the will of the deceased Testator.
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.
As the present Covenant states only property within Superior Trusts and Inferior Trusts are capable of being in dispute and therefore subject to an Estate structure, only two (2) types of Estates exist being Superior Estates and Inferior Estates.
Superior Estates concerns land and property granted in accord with the present Covenant 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.
There are only six (6) essential methods possible for conveyance of property rights of Inferior Estates in dispute under the collective Western-Roman laws being Salvage, Seizure, Capture, Arrest, Livery and Resignation:
(i) Salvage is the method of conveying allegedly “lost” property, most commonly “lost at sea”; and
(iii) Capture is the method of conveying allegedly “prized” property in conflict whereby the enemy is defeated; and
(v) Livery is the method of conveying allegedly “alienated” property by a merchant for limited commercial or personal use; and
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.
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.