CLAIM AND FACT OF LIFE
I, Nelson-Clarke Alexander: of the house Dice am a man and am the claimant and over the age of twenty-one years and am competent to witness and do claim on the public record the following:
My breath moves and my blood flows and I am alive and I walk upon the land; and
my mother, Joan Patricia Dice (nee) Doersam informed and the attending Doctor certified and the Philadelphia County Recorder for Pennsylvania state registered the circumstances of my birth; and
that, the Registered Certificate State File Number 090481-1960 for NELSON-CLARKE ALEXANDER DICE within the public record on file with the Pennsylvania Health Department Vital Records, Forum Place, 1st Floor, 555 Walnut Street, City of Harrisburg, County of Dauphin, State of Pennsylvania, refers to the events related to the birthing of Nelson-Clarke Alexander: of the house of Dice and the Certificate of Live Birth which documented the circumstances of that event; and
since the twenty-seventh day of the month of May in the year one thousand nine hundred and eighty-one (27 May 1981) the claimant declares that he is not a decedent and has not surrendered or abandoned any claims of life and makes claim and priority entitlement to his estate nunc pro tunc.
Corpus Juris Secundum
Section 16, Page 733
Jurisdictional Requisites – Fact of Death
The death of the person on whose estate administration is sought is a jurisdictional
requisite. While the presumption of death arising from absence may present a prima
facia case sufficient to warrant a grant an administration, if it subsequently develops
that such person is in fact alive, the administration is void.
It is absolutely essential to the jurisdiction of the administration of an estate, that the person on whose estate such administration is granted, is dead. Withers v Root, 146 Kan.822, 73 P2d 1113 (1937) Pollock v Wuntch, 116 S. W. 2d 796, Tex. Civ. App. Texarkana 1938) State ex rel. Brisbin v Frater, 1 Wash. 2d 13, 95 P.2d 27 (1939). A living person has no estate subject to probate, and there is no vested right of inheritance in the estate of a living person. Randall v Travelers Cas. & Sur. Co., 2006 OK 65, 145 P3d 1048 (Okla. 2006). Any administration on the estate of a living person is void. Bank of Jonesboro v Wilson, 43 Ga. App. 839, 160 S.E. 653 (1931), Withers v Root, 146 Kan.822, 73 P2d 1113 (1937), In Re Clemens’ Estate, 174 Misc. 1052, 22 N.Y.S. 2d 168, (Sur. Ct. 1940), Winter v Klein-Schultz, 1938 OK 47, 182 Okla. 231, 76 P2d 1051 (1938) Production of body not required Philpott v. Vesta Coal Co., 21 F. Supp. 37 (W.D. Pa. 1937).
