Cestui


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Related to Cestui: Cestui que use

CESTUI. He. This word is frequently used in composition as, cestui que trust, cestui que vie, &c.

References in periodicals archive ?
The trustee of an express or constructive trust cannot lawfully use property except for the benefit of the cestui que trust.
The Bird court noted that the cases involving adverse domination rely on various theories, e.g., that control per se precludes the possibility of filing suit, that control puts the corporation in the position of a cestui of a trust and unable to make an adverse claim, or that control relates to a concealment or nondisclosure, fraudulent or otherwise, of the existence of grounds for a cause of action.
As to the objection to a purchase by the trustee, the answer is, that a trustee may buy from the cestui que trust, provided there is a distinct and clear contract, ascertained to be such after a jealous and scrupulous examination of all the circumstances, proving, that the cestui que trust intended, the trustee should buy; and there is no fraud, no concealment, no advantage taken, by the trustee of information, acquired by him in the character of trustee.
If a landholder feared that, for whatever reason, his estate was in danger of being seized by his feudal lord or by the crown, he could first convey his estate to a trusted friend (technically a feoffee) and then designate another party, usually the children or family members who would be dispossessed, as the beneficiary of the use (technically a cestui que use).
Danforth.(43) The lower court in that case stated that, "[t]hough probably the relation of trustee and cestui que trust did not strictly exist" between the plaintiff stockholder and the defendant director, "considering their situation and relations to the stock in question," the defendant "was bound to disclose to the plaintiff all the material facts within his knowledge, which tended to enhance the value of the stock."(44) The Appellate Division reversed.(45)
En l'occurrence, afin de proteger les droits du beneficiaire (ou cestui que trust) et d'eviter que les droits devant revenir au beneficiaire ne puissent etre confondus avec les droits personnels de la personne agissant comme trustee.
(37) These include, for example, relationships between parents and children, and trustee and cestui que trust of a declaratory trust.
[A]lthough the Act should prove to be voidable, the cestui que trust may elect to confirm it.
According to Len Sealy, centuries ago the practice was simply to determine whether a given kind of relationship was sufficiently similar to that between trustee and cestui que trust to be recognized as such.
The use was a form of land trust that "entailed the transfer of legal title (enfeoffment) to a person who was to hold the property (the feoffee to uses) for the benefit of another (the cestui que use)." (47) Fiduciary concepts were subsequently developed and extended by courts of equity that supervised trust and "quasi-trust" relationships.
[Greenwood cited to S.C.R.] ("A common test applied to determine whether a trust has been created has been to pose the question whether the parties to the contract could change the contractual terres without reference to the alleged cestui que trust.
that although "a trustee does not usually stand for his cestui que