Que Estate - Law Dictionary Search Results
Home Dictionary Name: que estateQue estate
Que estate [quorum statum, Lat.], as much as to say, whose estate he has. Where prescriptive rights are claimed by reason of the continuous and immemorial enjoyment thereof by the claimant, a person seised in fee, and by all those whose estate he has, this is called a prescription in a que estate. The phrase is taken from the Norman French: that he, and all those whose estate he has, have from time immemorial enjoyed the right-tous ceus que estate il ad.-Williams on Rights of Common, p. 16. A person cannot prescribe in anything by a que estate that lies in grant, and cannot pass without deed or fine; but in him and his ancestors he may, because he comes in by descent without any conveyance, Co. Litt. 121 a; 2 Bl. Com. 264; 2 Br. & Had.Com. 419. A prescription in a que estate for a profit a prendre in alieno solo without stint and for commercial pur-poses is unknown to the law, Harris v. Chesterfield (Earl), 1911 AC 623. See PRESCRIPTION....
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....
Autre vie, Estate pur
Autre vie, Estate pur, a tenancy of land for the life of another who is called the cestui-que vie. The lowest estate of freehold which the law allowed before 1926. After 1925 the estate has become an equitable interest, (English) Law of Property Act, 1925, s. 1. If limited to the grantee and his heirs, it passed to the grantee's heirs or special occupants; if granted to executors or administrators, they took, as special occupants, if in that case or if there was no special occupant the estate went to the executors or administrators of the grantee. (Wills Act, 1837 (1 Vict. c. 26), s. 6, superseding the Statute of Frauds, s. 3, and 14 Geo. 2, c. 20, s. 9). By s. 3 of the (English) Wills Act, 1837, the estate was declared to be disposable of by will. The estate could be assigned inter vivos. It could not be the subject of entail, see Carson's Real Property Statutes; Notes to s. 1 of the (English) Fines and Recoveries Act, 1833 (3 & 4 Wm. 4, c. 74). It was not subject to dower or curtesy....
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 ...
Eadem mens prasumitur regis que est juris, et que esse debet, prasertim in dubiis
Eadem mens prasumitur regis que est juris, et que esse debet, prasertim in dubiis [Lat.], The mind of the king is presumed to be in conformity with the law, and with what it should be, especially in doubtful cases....
Jus constitui oportet in his que ut plurimum accidunt, non que ex inopinato
Jus constitui oportet in his que ut plurimum accidunt, non que ex inopinato [Lat.], Law ought to be made with a view to those cases which happen most frequently, and not to those which are unexpected....
Profit a prendre
Profit a prendre, ' right for a man, in respect of his tenement, to take some profit out of the tenement of another man. Except in the case of a copyholder no claim of a profit ' prendre in alieno solo can be made by custom, nor can it be claimed by a fluctuating body such as the inhabitants of a place (Williams on Rights of Common, p. 194). See LAMMAS LANDS. A prescription in a que estate for a profit a prendre in alieno solo without stint and for commercial purposes is unknown to the law, Harris v. Chesterfield (Earl), 1911 AC 623. As to a demise of a profit a prendre, see Radcliff v. Hayes, (1907) 1 Ir R 101. A profit a prendre in gross is a right of property which may be dealt with and transferred in the manner appropriate to the right, Welcome v. Upton, (1840) 6 M&W 536. Consult Gale on Easements, and Hall on Profits a Prende....
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 que use
cestui que use [Anglo-French, the person for whose use (a fief is granted)] : the beneficiary of a use ...
A comuni observantia non est recedendum et minime mutande sunt que certam interpretationem habent
A comuni observantia non est recedendum et minime mutande sunt que certam interpretationem habent. Common observance is not to be departed from, and things which have a certain meaning are to be changed as little as possible....
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