Cestui que

1 R 3 ch 1 secret feoffment

Cestui que (/ˈsɛstwi ˈkeɪ/; also cestuy que, "cestui a que") is a shortened version of cestui a que use le feoffment fuit fait, literally, "The person for whose use the feoffment was made." It is a Law French phrase of medieval English invention, which appears in the legal phrases cestui que trust, cestui que use, or cestui que vie. In contemporary English the phrase is also commonly pronounced "setty-kay" (/ˈsɛtikeɪ/) or "sesty-kay" (/ˈsɛstikeɪ/). According to Roebuck, Cestui que use is pronounced "setticky yuce" (/ˌsɛtɨkiˈjuːs/). Cestui que use and cestui que trust are more or less interchangeable terms. In some medieval materials, the phrase is seen as cestui a que.

The cestui que use is the person for whose benefit the trust is created. The cestui que trust is the person entitled to an equitable, as opposed to a legal, estate. Thus, if land is granted to the use of A in trust for B, A is cestui que trust, and B trustee, or use. The term, principally owing to its cumbersome nature, has been virtually superseded in modern law by that of "beneficiary", and general law of trusts.

bl comm vol2 feoffment

The cestui que use and trust were rooted in medieval law, and became a legal method to avoid the feudal (medieval) incidents (payments) to an overlord, while leaving the land for the use of another, who owed nothing to the lord. The law of cestui que tended to defer jurisdiction to courts of equity as opposed to common law courts. The cestui que was often utilized by persons who might be absent from the kingdom for an extended time (as on a Crusade, or a business adventure), and who held tenancy to the land, and owed feudal incidents to a lord. The land could be left for the use of a third party, who did not owe the incidents to the lord.

This legal status was also invented to circumvent the Statute of Mortmain. That statute was intended to end the relatively common practice of leaving real property to the Church at the time of the owner's death. Two conceptualizations, not mutually exclusive, of the term mortmain ("dead hand") of the term explain its origin(s): First, the "dead hand" may be characterized as that of the deceased donor and former owner to whose desire, as embodied in the testamentary provision that the Church hold title to the property, remained subject. Second, because the Church as a nonnatural person recognized at common law never died, the land never left the "dead hand" or, more accurately, the nonliving hand of the Church. Before the Statute of Mortmain, large amounts of land were bequeathed to the Church, which never relinquished it. This legal arrangement was in contradistinction to others in which the land could be transferred to anyone, inherited only through a family line (sometimes sex-specific), or revert to a lord or the Crown upon death of the tenant. Church land had been a source of contention between the Crown and the Church for centuries. Cestui que use allowed religious orders to inhabit land, while the title resided with a corporation of lawyers or other entities, who nominally had no relation to the Church.

 

Statue of limitations and the USE as a trustee is transferred to all purchasers by fee simple, and have thrown away their money, since at any time the true owner by title can take possession and oust the trustee at anytime. And the purchaser has full knowledge of only a USE by being registered as Tenant.

Omnipotence.ca

A treatise on the law of trusts and trustees

RIGHTS OF CESTUIS QUE TRUST

Pg 512

The,income shall not be alienable by anticipation, nor subject to be taken for debts until paid over to the cestui. (a) It is not possible, however, for a man to create a trust to pay the income to himself ioT life, with a provision against alienation by anticipation, so as to prevent his creditors from coming at the income by a bill in equity. (a.) A cestui having a vested equitable interest though contingent may convey it subject to the contingency. Upon application of all the cestuis

pg 513

§ 828. Trust property or property substituted for it may be recovered from the trustee and all persons having notice of the trust.

Municipal Jurisdictions

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