Cestui Que Use - Law Dictionary Search Results
Home Dictionary Name: cestui que useCestui que use
Cestui que use, in old law tracts cestui ' que use, the person in whose favour a use was declared. See USES....
cestui que use
cestui que use [Anglo-French, the person for whose use (a fief is granted)] : the beneficiary of a use ...
cestui 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 ...
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...
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 The (English) Law of Property Act, 1925, s. 207, 7th Sched., has repealed the Statute of Uses in regard to dealings taking effect after 1925 and vests the legal ownership in the grantee, the beneficial owner (if another) becoming a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....
use
use 1 a : an arrangement in which property is granted to another with the trust and confidence that the grantor or another is entitled to the beneficial enjoyment of it see also trust Statute of Uses in the Important Laws section NOTE: Uses originated in early English law and were the origin of the modern trust. Uses became popular in medieval England, where they were often secretly employed as a method of evading laws (as those prohibiting mortmain) and penalties (as attainder) and to defeat creditors. In response, the Statute of Uses was enacted in 1535. The purpose of the Statute was to execute the use, investing the legal ownership of the property in the cestui que use, or one entitled to the beneficial enjoyment, and abolishing the ownership of the grantee. The Statute did not have blanket application, however. Certain uses, particularly those in which the grantee was not merely a passive holder of the property, were not executed under the Statute. These uses were called trust...
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 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....
execute
execute -cut·ed -cut·ing 1 : perform : as a : to carry out fully [includes not only executed violence, but also threatened violence "Louisiana Civil Code"] b : to do what is provided or required by [ a contract] [ a search warrant] c : to deem (a use in property) to confer full seisin in a cestui que use by operation of the Statute of Uses 2 : to perform what is required to give validity to ;esp : to complete (as by signing and delivering) in proper form [ a note] [ a deed] 3 : to put to death in compliance with a judicial death sentence ...
Pernor
Pernor, he who receives the profits of lands, etc.; the cestui que use, 1 Rep. 123; Co. Litt. 323 b....
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