UNDERSTANDING THE EXECUTOR OFFICE
AND
USE OF THE EXECUTOR LETTER

Based on exacting transcriptions (99+% accurate) of notes from Dave Clarence training calls through November 28, 2010 and David Clarence email responses to questions.

DEFINITIONS

Adjourn(ed). To put off; defer; postpone. [Black’s Law Dictionary, 4th Ed.]

adjourn. early 14c., “assign a day,” from O.Fr. ajourner (12c.) “meet” (at an appointed time), from the phrase à jorn “to a stated day” (à “to” + journ “day,” from L. diurnus “daily;” see diurnal). The sense is to set a date for a re-meeting. Meaning “to close a meeting” (with or without intention to reconvene) is from late 15c. Meaning “to go in a body to another place” (1640s) is colloquial. The unhistorical -d- was added 16c. Related: Adjourned; adjourning. [ http://www.etymonline.com/ ]

Sine Die. Without day; without assigning a day for a further meeting or hearing. Hence, a final adjournment; final dismissal of a cause. [Black’s Law Dictionary, 4th Ed.]

-Adjourned Sine Die

Arrogated. Claimed by undue pretenses. [Webster’s Dictionary 1828]

Arrogate. 1530s, from L. arrogatus, pp. of arrogare “to claim for oneself” (see arrogance). Related: Arrogated; arrogating. [ http://www.etymonline.com/ ]

Chattel. An article of personal property; any species of property not amounting to a freehold or fee in
land. The term “chattels” is a more comprehensive one than “goods,” as it includes animate as well as
well as inanimate property. [Black’s Law Dictionary, 4th Ed.]

Chattel. early 13c., chatel “property, goods,” from O.Fr. chatel “chattels, goods, wealth, possessions, property; profit; cattle,” from L.L. capitale “property” (see cattle, which is the O.N.Fr. form of the same word). Application to slaves (1640s) is a rhetorical figure of abolitionists, etc. [ http://www.etymonline.com/ ]

Constructive Trust. “A trust raised by construction of law, or arising by operation of law, as distinguished from an express trust. Wherever the circumstances of a transaction are such that the person who takes the legal estate in property cannot also enjoy the beneficial interest without necessarily violating some established principle of equity, the court will immediately raise a constructive trust, and fasten it upon the conscience of the legal owner, so as to convert him into a trustee for the parties who in equity are entitled to the beneficial enjoyment. Hill, Trustees, 116; 1 Spence, Eq. Jur. 511.” [Black’s Law Dictionary, 1st Ed.]

Decedent. A deceased person.” [Black’s Law Dictionary, 4th Ed.]

– An individual who has died. The term literally means “one who is dying,”… http://legaldictionary.thefreedictionary.com/decedent

– Origin: 1590–1600; < L de-ce-dent- (s. of de-ce-de-ns ) departing, withdrawing, prp. of de-cedere.

– Etymologically the word denotes a person who is dying,…. [Black’s Law Dictionary, 1st Ed.]

Estate: The word “estate” is a word of the greatest extension, and comprehends every species of property, real and personal. It describes both the corpus and the extent of interest. …it signifies everything of which riches or fortune may consist. [Black’s Law Dictionary, 4th Ed.]

Estate: early 13c., “rank, standing, condition,” from Anglo-Fr. astat, O.Fr. estat “state, position, condition, health, status, legal estate” (Mod.Fr. état), from L. status “state or condition,” from root of stare “to stand” from PIE base *sta- “to stand” (see stet). For initial e-, see especial. [http://www.etymonline.com/]

Especial: late 14c., from O.Fr. especial “pre-eminent, important,” from L. specialis “belonging to
4 of 41 December 5, 2010 a particular kind or species,” from species “kind” (see species). Latin words with initial sp-, st-, sc- usually acquired an e- when borrowed by Old French. Modern French has restored the word to spécial. Originally with the same sense as special, later restricted to feelings, qualities, etc. [http://www.etymonline.com/ ]

Especial. late 14c., from O.Fr. especial “pre-eminent, important,” from L. specialis “belonging to a particular kind or species,” from species “kind” (see species). Latin words with initial sp-, st-, sc- usually acquired an e- when borrowed by Old French. Modern French has restored the word to spécial. Originally with the same sense as special, later restricted to feelings, qualities, etc. [ http://www.etymonline.com/ ]

EXECUTOR:

General Executor. A general Executor is one who is appointed to administer the whole estate, without any limit of time or place, or of the subject-matter.” [Bouvier's Law Dictionary, 1856 edition]

General Executor. One whose power is not limited either territorially or as to the duration or subject of his trust.” [Black’s Law Dictionary, 1st Ed.]

Executor. He to whom another commits by will the execution of his last will and testament.” [William
C. Anderson, A Dictionary of Law (1893)]

General Executor. An Executor whose power is unlimited as to time, place, or subject matter.” [William C. Anderson, A Dictionary of Law (1893)]

Executor De Son Tort: Executor of his own wrong. A person who assumes to act as Executor of an estate without any lawful warrant or authority, but who, by his intermeddling, makes himself liable as an Executor to a certain extent.

If a stranger takes upon him to act as Executor without any just authority. (as by intermeddling with the goods of the deceased, and many other transactions,) he is called in law an “Executor of his own wrong,” de son tort. 2 B1. Comm. 507. [Blacks 1st]

Executor:
25. An Executor de son tort, or of his own wrong, is one, who, without lawful authority, undertakes to act. as Executor of a person deceased. To make fin Executor de son tort, the act of the party must be, 1. Unlawful. 2. By asserting ownership, as taking goods or cancelling a bond, and not committing a mere, trespass. Dyer, 105, 166; Cro. Eliz. 114. 3.

He is, in general, held responsible for all his acts, when he does anything which might prejudice the estate, and receives no, advantage whatever in consequence of his assuming the office. He cannot sue a debtor of the estate, but may be sued generally as Executor.

26.-2. The usurpation of an office or character cannot confer the rights and privileges of it, although it may charge the usurper with the duties and obligations annexed to it. On this principle an Executor de son tort is an Executor only for the purpose of being sued, not for the purpose, of suing. In point of form, he is sued as if he were a rightful Executor. He is not denominated in the declaration Executor (de son tort) of his own wrong. [Bouvier's 1856]

Occupant. Person having possessory rights, who can control what goes on on premises. One who takes the first possession of a thing of which there is no owner. One who occupies and takes possession, one who has the actual use, possession or control of a thing. [Black’s Law Dictionary, 4th Ed.]

Occupant. 1590s, from L. occupantem (nom. occupans), prp. of occupare “to take possession of” (see occupy). [ http://www.etymonline.com/ ]

Occupancy. 1590s, “condition of being an occupant;” from occupant. Meaning “fact of occupying” is from 1833; [ http://www.etymonline.com/ ]

Ordinary, civil and eccles. law. An officer who has original jurisdiction in his own right and not by deputation.

2. In England the ordinary is an officer who has immediate jurisdiction in ecclesiastical causes. Co. Litt. 344.

3. In the United States, the ordinary possesses, in those states where such officer exists, powers vested in him by the constitution and acts of the legislature, In South Carolina, the ordinary is a judicial officer. 1 Rep. Const. Ct. 26; 2 Rep. Const. Ct. 384. [Bouvier’s Law Dictionary, 1856]

Register or Registrar. An officer authorized by law to keep a record called a register or registry; as the
register for the probate of wills. [Bouvier's 1856]

Registrar. 1670s, shortening of registrary (1540s), from M.L. registrarius “one who keeps a record” (related to register). [ http://www.etymonline.com/ ]

Register For The Probate Of Wills. An officer in Pennsylvania, who has generally the same powers that judges of probates and surrogates have in other states, and the ordinary has in England, in admitting the wills of deceased persons to probate. [Bouvier's 1856]

Probate: The act or process of proving a will. The proof before an ordinary, surrogate, register, or other duly authorized person that a document produced before him for official recognition and registration, and alleged to be the last will and testament of a certain deceased person, is such in reality.[Black’s Law Dictionary, 4th Ed.]

Common and solemn form of probate. In English law, there are two kinds of probate, namely, probate in common form, and probate in solemn form. Probate in common form is granted in the registry, without any formal procedure in court, upon an ex parte application made by the Executor. Probate in solemn form is in the nature of a final decree pronounced in open court, all parties interested having been duly cited. The difference between the effect of probate in common form and probate in solemn form is that probate in common form is revocable, whereas probate in solemn form is irrevocable, as against all persons who have been cited to see the proceedings, or who can be proved to have been privy to those proceedings, except in the case where a will of subsequent date is discovered, in which case probate of an earlier will, though granted in solemn form, would be revoked. [Black’s Law Dictionary, 4th Ed.]

Probate Of A Will.
2. The officer. who takes such probate is variously denominated; in some states he is called judge of probate. in others register, and surrogate in others. Vide 11 Vin. Ab. 5 8 12 Vin. Ab. 126 2 Supp. to Ves. jr. 227 1 Salk. 302; 1 Phil. Ev. 298; 1 Stark. Ev. 231, note, and the cases cited in the note, and also, 12 John. R. 192; 14 John. R. 407 1 Edw. R. 266; 5 Rawle, R. 80 1 N. & McC. 326; 1 Leigh, R. 287; Penn. R. 42; 1 Pick. R. 114; 1 Gallis. R. 662, as to the effect of a probate on real and personal property, [Bouvier's 1856]

Surrogate. In some of the states, as in New Jersey, this is the name of an officer who has jurisdiction in granting letters testamentary and letters of administration.

2. In some states, as in Pennsylvania, this officer is called register of wills and for granting letters, of administration in others, as in Massachusetts, he is called judge of probates.

Surrogate. early 15c., from L. surrogatus, pp. of surrogare “put in another's place, substitute,” from sub “in the place of, under” + rogare “to ask, propose” (see rogation). [ http://www.etymonline.com/ ]

Warrant. v.t.
1. To authorize; to give authority or power to do or forbear any thing, by which the person authorized is secured or saved harmless from any loss or damage by the act. A commission warrants an officer to seize an enemy. We are not warranted to resist legitimate government. Except in extreme cases.
2. To maintain; to support by authority or proof.
4. To secure; to exempt; to privilege..
6. In law, to secure to a grantee an estate granted; to assure. [Webster’s Dictionary, 1828]

warrant (n.). early 13c., “protector, defender,” from O.N.Fr. warant (O.Fr. guarant), from Frankish *warand (cf. O.H.G. weren “to authorize, warrant,” Ger. gewähren “to grant”), from P.Gmc. *war- “to warn, guard, protect,” perhaps from PIE base *wer- “to cover” (cf. L. vereri “to observe with awe, revere, respect, fear;” Gk. ouros “watchman,” horan “to see;” Hitt. werite- “to see;” see weir). Sense evolved via notion of “permission from a superior which protects one from blame or responsibility” (c.1300) to “document conveying authority” (1510s). A warrant office in the military is one who holds office by warrant, rather than by commission. [ http://www.etymonline.com/ ]

warrant (v.). late 13c., “to keep safe from danger,” from O.N.Fr. warantir (O.Fr. guarantir), from warant (see warrant (n.)). Meaning “to guarantee to be of quality” is attested from late 14c.; sense of “to guarantee as true” is recorded from c.1300. [http://www.etymonline.com/ ]

Will or Testament. The legal declaration of a man's intentions of what he wills to be performed after his death. Co. Litt. 111; Swinb. Pt. 1, s. II. 1; Shep. Touch. 398; Bac. Abr. Wills, A.

2. The terms will and testament are synonymous, and they are used indifferently by common lawyers, or one for the other. Swinb. p. 1, s. 1. 5; Bac. Ab. Wills. A. Civilians use the term testament only. See Testament.

13. It is a rule that the last will revokes all former wills. It follows then that a man cannot by any testamentary act impose upon himself the inability of making another inconsistent with and revoking the first will. Bac. Ab. Wills, E; Swinb. pt. 7, s. 14.

14. A will voluntarily and intentionally made by a competent testator, according to the form required by law, may be avoided, 1st. By revocation, see Revocation; Bac. Abr. Wills, G 1; Vin. Abr. Devise, P; 1 Rolle, Ab. 615; Com. Dig. Estates by Dev. F; and, 2d. By fraud.

ESTATE NAME

“The” ALL CAPS   NAME Estate. The word “The” does not appear on the Birth Certificate in front of the ALL CAPS   NAME and is not part of the name of the estate, so don’t put it in front of the estate name. So: ALL CAPS   NAME, Estate –or in other places where the word “The” should appear first, use- The ALL CAPS NAME Estate. (Note the comma or lack of a comma in these examples.)

However your name as presented on your Birth Certificate is how you should present it in all your documentation. Whether the name is in upper and lower case letters or ALL CAPS letters, be sure to use it as ALL CAPS for the name of the estate. If you have used a “Jr., Sr., etc. all your life, but it is not written as such on the Birth Certificate, don’t use it as part of the Estate Name. Conform exactly to how your name is written on the Birth Certificate and do it in ALL CAPS.

GENERAL INFORMATION ABOUT THE ESTATE

Creation of the Estate

When you were born, a certificate of birth was created with your ALL CAPS NAME, which was the creation of an “estate” by that ALL CAPS NAME. The word “estate” is deliberately left off the ALL CAPS NAME on the birth certificate to hide it. The ALL CAPS NAME is an unincorporated association – an estate. The ALL CAPS NAME is a decedent. The estate was
created for your benefit and use, with you as the grantor (by placing your landmarks [footprints] on the certificate of birth), and you are still alive. Your parents are the creator of the Estate – they created you!

A marriage is a trust. When a birth occurs, the mother is coerced into signing the Birth Certificate as a trustee, so now the entities of the world can go after the trustee. The Birth Certificate refers to her as the “Informant”.

Your first (lawful) act was putting your foot prints on your BC and after that you were in the world. Being in the world has to do with being “legal” not “lawful”. The corporate state did not create the estate – the grantor did so with the footprints on the document. The estate died and your father and finally you become the Executor in the Executor Office. You are an earthly estate walking around. The Grantor continues to live and when he or she dies, a Certificate of Death will be issued.

The Certificate of Birth or Live Birth Certificate is the Public Record of the Estate and that the Estate is Probated. It is recognition by the World of the Grantor's [foot prints] Will.

Because the seal and signature is on the certificate of birth, this is not prima facie (At first sight; on the first appearance; on the face of it; so far as can be judged from the first disclosure; presumably; a fact presumed to be true unless disproved by some evidence to the contrary. Black’s Law dictionary, 4th Ed.) proof. Rather, it’s certified proof, finished, adjourned, done, a judgment, that the estate has been probated. It must be an estate, because a trust cannot come before an estate. A trust can only exist if there is already an Estate in existence.

The address of the estate is the file number on the birth certificate. The estate resides at the file number. The estate is restricted to the file number; it cannot move anywhere else.

When asked: “Where do you live?” Right here. “Where are your belongings?” I’m homeless. They cannot discriminate against you when you say you’re homeless because you are saying you have no corporate residence.

A copy of the Birth Certificate is proof of the estate. Other proofs of the existence of the Estate are bills, mortgage papers, credit reports, the drivers license, etc. that have the ALL CAPS NAME. Never use a Social Security Card as identification. The SS trust is what they are using against you.