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In esse versus In posse
I was looking through trust statutes for the "State of North Carolina" and found the following:
§ 36A‑125.1. Definitions.
(5) "Sui juris" means a person who is in esse and not a minor or otherwise legally incapacitated. With regard to a beneficiary, "sui juris" also means that such beneficiary is ascertained and that the trustee knows the identity of the beneficiary.
I caught the use of the word "person" also, and it's detrimental, but I wanted to know what "in esse" meant.
Check it out:
In esse
\In` es"se\ [L.] In being; actually existing; -- distinguished from in posse, or in potentia, which denote that a thing is not, but may be.
From Dictionary.com
I am "in esse," and "they" want me to be "in posse."
Remember this. It may come in handy one day.
Henry Franklin
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