Cestui - Law Dictionary Search Results
Home Dictionary Name: cestuicestui que trust
cestui que trust pl: cestuis que trust or: cestuis que trus·tent [-trəs-tənt] [Anglo-French, probably alteration of cestui que use] : the beneficiary of a trust compare trustee ...
Cestui que trust
Cestui que trust, the person (now frequently termed 'beneficiary,' as in s. 62 of the Trustee Act, 1925, who possesses the equitable right to property and receives the rents, issues, and profits thereof, the legal estate being vested in the trustee. The remedy of the cestui que trust, if the trustee fails in his duty, is by an action in the Chancery Division (in the majority of cases instituted by way of an Originating Summons). The phrase cestui que trust is Norman-French. In Roman Law obligations analogous to trusts could only be crated by testament; the trustee was (Heres) 'fiduciarius'; the beneficiary, 'fideicommissarius.' Sandars, Inst. Lib. 2 tit. XXIII....
Cestui que use
Cestui que use, in old law tracts cestui ' que use, the person in whose favour a use was declared. See USES....
cestui
cestui [Anglo-French, originally oblique form of cest this person, this] : beneficiary ...
cestui que use
cestui que use [Anglo-French, the person for whose use (a fief is granted)] : the beneficiary of a use ...
Cestui que vie
Cestui que vie, the person for whose life any lands, tenements, or hereditaments are held by another, who is called the tenant pur autre vie. See Autre Vie....
Uses
Uses (History). A use is the intention or purpose, express or implied, upon which property is to be held. The Common Law treated the actual possessor for all purposes as the owner of the property. It was not difficult to find him out, since the possession of his estate was conferred upon him by a formal and notorious ceremony, technically called livery of seisin, which was performed openly and in the presence of the people of the locality.It soon became evident that the simple rules of the Common Law were stumbling-blocks to the complicated wants of an enterprising people.Hence ingenuity was sharpened to hit upon a device which should set at nought the rigidity of existing law and formalities.A system was found by the monastic jurists upon a model furnished by the Civil Law, which, by a nice adaptation, evaded, without overturning, the Common Law. Two methods of transferring realty began to co-exist in this country-the ancient Common Law system, and the later invention, which is denomi...
Lives
Lives, Estate for. A lease to A. during the life of another or the lives of others was a tenure of very long standing in England, chiefly in the west and north, or where the lease was granted by a corporation, and in Ireland. Now such a lease is either a lease for 90 years determinable by notice after any event determining the term under the original demise as provided by the (English) Law of Property Act, 1925, s. 149, if the lease is at a rent or in consideration of a fine, or is a converted copyhold lease for life without right of perpetual renewal under Part V of the (English) L.P.Act, 1922. In all other cases it is an equitable interest and governed by the Settled Land Act,1925. The tenant under the lease was called a tenant pur autre [or auter] vie, and the person during whose life the lease is to last, the cestui que vie. By 18 & 19 Car. 2, there is a prima facie presumption of death after seven years; and by the Cestui que Vie Act,1707 (6 Anne, c. 72), an order may be made by t...
Feoffee to uses
Feoffee to uses, the person in whom, before the Statute of Uses, the legal seisin or feudal tenancy of the land was vested, the substantial and beneficial ownership or use being in the cestui qui use. The statute put an end to the estate of the feoffee to uses by transferring the possession from him to the cestui que use, who had now the legal estate, the use in his favour being executed by the statute. The (English) Law of Property Act, 1925, s. 207, 7th Sched., has repealed the Statute of Uses in regard to dealings taking effect after 1925 and vests the legal ownership in the grantee, the beneficial owner (if another) becoming a mere cestui que trust; see also L.P. Act, 1925, 1st Sched. Part II., para 3, and L.P. (Amendment) Act, 1926, Sched. See USE....
Trust
Trust, is a comprehensive expression, as covering not only the relationship of trustee and beneficiary but also that a bailor and bailee master and servant pledger and pledgee, guardian and ward and all other relations which postulate the existence of fiduciary relationship between the complainant and the accused, State v. K.P. Jain, (1983) 2 Crimes 947 (All).Trust, is a trust for public purposes, the substances and primary intention of the creator must be seen, Shabbir Husain v. Ashiq Husain, AIR 1929 Oudh 225.Trust, is an obligation annexed to ownership. A trustee holds property 'subject' to an obligation, which the testator has imposed upon him, Mahadeo Ramchandra v. Damodar Vishwanath, AIR 1957 Bom 218: (1957) 59 Bom LR 478.Means any arrangement whereby property is transferred with intention that it be administered for another's benefit is a trust. It casts an obligation on the trustee to use the property for achieving the purpose for which the trust is created, Baba Jamuna Das Mah...
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