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1824. August 9
Constitutional Code
Trustee đ§ Committee = cestui que trust.
§. Judges tutelary function
Art. 1. In every case in which with relation to every
subject matter fiduciary power is being by law established, and as
by accident it happens that no individual competent to the
accep acceptance assumption of it is in existence, it belongs to the
Judge Immediate to whom information of such deficiency
has been made to provide for the supply of it by conferring
on some competent person or persons such power with the obligations thereunto attached.
Art. 2. Examples of such subject matters are the
following
I. Subject matter of the fiduciary power a person. Cause Justification of the institution of an appropriate
fiduciary power, inability to take on the part of the
person to take care of himself: collative event, existence of such inability cause of the inability, one
of the following: namely 1. Imbecillity of mind by reason of infancy immaturity of age.
2. Imbecillity of mind by reason of temporary caducity.
3. Imbecillity by reason of insanity infirmity of mind
4. Temporary imbecillity by reason of temporary infirmity
of mind or body.
II. Subject matter of the fiduciary power: an aggregate
mass of things: collative event one of the following; namely
1. Death of the proprietor
2. Absentation Evanition of the proprietor
3. Need of forced ablation of the subject matter from the proprietor
for satisfaction of some an obligation in this or that shape
incumbent on him. Examples. 1. In case of insolvency
need of distribution of the amount money to the value among a
set of creditors. 2. In case of capture or war by person unknown
. Capture or war by persons unknown made or uncertain need of distribution
among persons entitled by law.
3. In case of the finding of goods things the owner of which is known unknown
and of conferring the ownership of them lest they should the
entire of them should be lost, or the possession of them be matter of dispute.
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