in esse; in posse
June 16, 2016
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16/06/16 Latinisms: in esse; in posse
In esse = in actual existence; in being.
In posse = potential; not realized.
Examples:
There is no legal objection to constituting such a trustee in favor of one who was not in esse when the fraud was perpetrated.
A court would not intervene to deprive the children – in esse or in posse – of their property rights under such a provision.
There is no good reason why the phrases in being and potential should not be substituted in place of these Latinisms.
