AFFIDAVIT OF CLAIM AND FACT OF LIFE
I, Stephen John: of the family of Schwika, am a man and affirm claimant is over the age of twenty-one years and am competent to witness and do claim and declare 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, informed and the attending Doctor certified the circumstances of my birth; and that, the Registered Certificate State File Number L7087184 for name, STEPHEN JOHN SCHWIKA, within the public record on file with the City of Binghamton Vital Statistics, 38 Hawley Street, Binghamton, NY 13901, County of Broome, refers to the events related to the birthing of Stephen John: of the family of Schwika and the Certificate of Live Birth which documented the circumstances of that event; and since the fifth day of the month of December in the year one thousand nine hundred seventy-eight (05 December 1978) the claimant declares that he is of the age of majority, not a decedent, not lost at sea, or a minor with disabilities, and has not surrendered or abandoned any claims of life and makes claim and priority entitlement to his BIRTH ESTATE, nunc pro tunc ab initio.
Corpus Juris Secundum, Volume 34, 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 probate court has no jurisdiction to appoint an administrator or administer the estate of a living person- Any orders from such proceedings are void- as against the living person. Scott v. McNeal, 154 U.S. 34 (1894)
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).
Administering the BIRTH ESTATE of a living person would violate the Constitution, Bill of Rights, Executive Order 13818, Law of Nations–Section 30, a Moral Turpitude
/s/ Stephen John Schwika, Affiant
