As set out in the other posts regarding the estate documents, the formation of the personal estate of the child, the identification of the child as the only living being who can claim the estate, and the safekeeping of the estate are all well documented.
One consideration not often made by many is what happens to the estate when they die. Many are aware that it is a wise thing to have a will drawn up to ensure what happens with the “stuff” one collects throughout their life. However, given that so many are not informed of the existence of the estate, or the trading done on the trust and its amassed wealth, very few know to perfect title of this asset prior to their passing. This can create a serious liability for the Trustee holding the title in safekeeping.
This liability comes from the appearance the Trustee is attempting to arrogate the estate or other assets of the estate, i.e. stealing assets or revenues; and by the refusal of the Trustee to return the estate or other assets of the estate to the Grantor upon the death of the sole beneficiary.
This places the Trustee in a very serious position. By law, the Trustee may not, while the trust is in existence, give the estate and assets of the estate to anyone but the lawful beneficiary. These may not even be given to the Grantor, To do so is a breach of trust.
To cure this problem, and to ensure the estate assets are properly managed and disposition recorded by the Trustee upon the death of the sole beneficiary, the Deed of Defeasance was employed, and called the “Death Certificate”.
A Deed of Defeasance, or Defeasible deed is a “deed containing a condition subsequent causing title to the property to revert to the grantor or pass to a third party.” (Black’s Law, 9th Ed. At 476) The term defeasance means “1. An annulment or abrogation; VOIDANCE. 2. The fact or an instance of bringing ‘an estate or status to an end, esp. by conditional limitation. 3. A condition upon the fulfillment of which a deed or other instrument is defeated or made void; a contractual provision containing such a condition. – Also termed defeasance clause. 4. Hist. A collateral deed made simultaneously with a conveyance and containing a condition by which the main deed might be defeated or made void.” (Black’s Law, 9th Ed. At 481)
Before we turn to look at the Death Certificate more closely, we must comprehend the underlying purpose of, or use for, this deed. As the definition of Defeasible Deed sets out, this deed causes the title to the estate, and its assets, to revert, or go back to the Grantor.
This is significant with regards to the estate, as the estate was placed into a passive trust to await its being properly claimed by the sole beneficiary. Until such claim has been made, and the grant perfected, the trust remains in place.
The portion of the definition which reveals the application of the Defeasible Deed to the trust is where it states:”••• revert to the granter•••”This is significant, because the only time the Granter can re-possess that which has been granted, or gifted with out consideration, is where the gift or grant is imperfect, i.e. not accepted by the Grantee, or the beneficiary has not been found.
As many have never been told of the estate held in trust, or of the requirement for them to claim it, it often happens that the grant is never perfected. If the child passed before the parent, the Death Certificate reverts the estate back to the father, the Grantor. However, if, as is the more common occurrence, the father passes before the child, the Death Certificate causes the estate, and its assets, to revert to a third party.
A final consideration before we delve into the document itself. As revert means to go back to, this necessarily must mean the “third party” must be associated with the original grant. The only party so associated would be the ancestral line running from the child, to the father, to the grandfather, and so on. As we will see, and as the reader may have discerned themselves, the Death Certificate, as a Defeasible Deed, reverts the unclaimed estate first to the father, as the Grantor; or to the ancestral estate in the event the child passes after the father.
Looking at and comparing the Death Certificate with the Birth Certificate we can see the two documents share some similarities. As with the Birth Certificate, the Death Certificate employs similar conspicuous writing at the top of the document. The use of “certificate” here, again tells the reviewer that the document is “A written assurance, or official representation, that some act has or has not been done, or some event occurred, or some legal formality been complied with.” Also, “A written assurance made or issuing from some court, and designated as a notice of things done therein…” (Black’s Law 4th @pg.285)
The next similarity is that the Death Certificate, like the Birth Certificate, is executed with two (2) witnesses making it a common law deed. Given this similarity, and that this supports the conclusion the Death Certificate is a deed, the purpose and effect of this deed is clearly one of defeasance.
The next similarity is that, like the Birth Certificate, the Death Certificate records, or attempts to record, the name of both the father and mother. However, as with the Birth Certificate, the Death Certificate refers to the maiden name of the mother as opposed to her married name. As the myths surrounding the maiden name were addressed and dispelled in the post dispelling the ship myth, and as the reference to the maiden name appears on the Grant Deed, i.e. Certificate of Live Birth, and the Defeasible Deed, i.e. the Death Certificate, there can only be one explanation for both occurrences.
The reference to the name of the father of the child, and the reference to the maiden name of the mother even though the woman is married, must necessarily operate to ensure proper accounting of all heirs to the ancestral or legacy estates of the mother and the father. Though the personal estate of the mother is brought under the estate of the man upon marriage, this cannot bring with it the ancestral or legacy estate on the mother’s side because the woman can only hold this as an administrator until the rightful and lawful male heir can assume the role of executor of the estate by the law of ascension. Therefore, the maiden name of the mother is found on the birth certificate in order to ensure the proper and lawful division of the estates is maintained and preserved for when a lawful claim of right is made.
Additionally, and for the same reason, the maiden name of the mother is found on the death certificate. However, where the use of the maiden name of the mother on the birth certificate operates to reserve the claim of the child to the ancestral or legacy estates, the use of the maiden name of the mother on the death certificate reverts any such claim evidenced by the birth certificate back to the ancestral or legacy estates. Or by other terms, clears the cloud of title to the ancestral or legacy estates which otherwise would cloud title to the estate.
To ensure a proper comprehension, a cloud on title means: “An outstanding claim or encumbrance which, if valid, would affect or impair the title of the owner of a particular estate, and on its face has that effect, but can be shown by extrinsic proof to be invalid or inapplicable to the estate in question.” (Black’s Law 4th @ 332, emphasis added)
The last similarity is the reference to the place of birth. This writer believes this simply references the place or location of the estate, and is thus used instead of blatant reference to the birth certificate number in the death certificate. This may be due to an attempt by lawyers to conceal the truth of what is actually occurring, which has ancient roots (see Matthew 23:13-15; Luke 11:52). Or, it may be done in this manner as the birth certificate is held in trust by the county clerk, who is an Officer of Arms, and likely a Herald, and therefore acts as notification to the trustee of both the event of formation (the birth certificate) and the event of termination (the death certificate) of the trust by operation of law.
In either case, concealment or notice, the above similarities join the birth certificate or deed with the death certificate or deed of defeasance to preserve lawful title to the personal estate of the child, the ancestral or legacy estates, and to ensure the ascending of the rightful heir to the office of executor of the ancestral or legacy estates does not suffer under cloud of title.