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CESTUI QUE
[French, He or she who.] The person for whom a benefit exists.
A cestui que trust is a person for whose benefit a trust is created; a beneficiary. Although legal title of the trust is vested in the trustee, the cestui que trust is the beneficiary who is entitled to all benefits from a trust.
CESTUI QUE VIE
He for whose life land is holden by another person; the latter is called tenant pur autre vie, or tenant for another’s life.
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 The term, principally owing to its cumbersome nature, has been virtually superseded in modern law by that of “beneficiary”, and general law of trusts.[1]
1. Derek Roebuck “The Background of the Common Law”, Oxford, 1990, Index
In trust law, a beneficiary or cestui que use, a.k.a. cestui que trust, is the person or persons who are entitled to the benefit of any trust arrangement. A beneficiary will normally be a natural person, but it is perfectly possible to have a company as the beneficiary of a trust, and this often happens in sophisticated commercial transaction structures.
In common law and statutory law, a life estate is the ownership of land for the duration of a person’s life. In legal terms it is an estate in real property that ends at death when ownership of the property may revert to the original owner, or it may pass to another person. The owner of a life estate is called a “life tenant”.
Cestui Que Vie Act 1666 – as it reads from legislation.gov.uk
1. An Act for Redresse of Inconveniencies by want of Proofe of the Deceases of Persons beyond the Seas or absenting themselves, upon whose Lives Estates doe depend.Recital that Cestui que vies have gone beyond Sea, and that Reversioners cannot find out whether they are alive or dead. Whereas diverse Lords of Mannours and others have granted Estates by Lease for one or more life or lives, or else for yeares determinable upon one or more life or lives And it hath often happened that such person or persons for whose life or lives such Estates have beene granted have gone beyond the Seas or soe absented themselves for many yeares that the Lessors and Reversioners cannot finde out whether such person or persons be alive or dead by reason whereof such Lessors and Reversioners have beene held out of possession of their Tenements for many yeares after all the lives upon which such Estates depend are dead in regard that the Lessors and Reversioners when they have brought Actions for the recovery of their Tenements have beene putt upon it to prove the death of their Tennants when it is almost impossible for them to discover the same, For remedy of which mischeife soe frequently happening to such Lessors or Reversioners.. 2. Cestui que vie remaining beyond Sea for Seven Years together and no Proof of their Lives, Judge in Action to direct a Verdict as though Cestui que vie were dead.. If such person or persons for whose life or lives such Estates have beene or shall be granted as aforesaid shall remaine beyond the Seas or elsewhere absent themselves in this Realme by the space of seaven yeares together and noe sufficient and evident proofe be made of the lives of such person or persons respectively in any Action commenced for recovery of such Tenements by the Lessors or Reversioners in every such case the person or persons upon whose life or lives such Estate depended shall be accounted as naturally dead, And in every Action brought for the recovery of the said Tenements by the Lessors or Reversioners their Heires or Assignes, the Judges before whom such Action shall be brought shall direct the Jury to give their Verdict as if the person soe remaining beyond the Seas or otherwise absenting himselfe were dead. 3. If the supposed dead Man prove to be alive, then the Title is revested. Action for mean Profits with Interest. Provided alwayes That if any person or [X3person or] persons shall be evicted out of any Lands or Tenements by vertue of this Act, and afterwards if such person or persons upon whose life or lives such Estate or Estates depend shall returne againe from beyond the Seas, or shall on proofe in any Action to be brought for recovery of the same [to] be made appeare to be liveing; or to have beene liveing at the time of the Eviction That then and from thenceforth the Tennant or Lessee who was outed of the same his or their Executors Administrators or Assignes shall or may reenter repossesse have hold and enjoy the said Lands or Tenements in his or their former Estate for and dureing the Life or Lives or soe long terme as the said person or persons upon whose Life or Lives the said Estate or Estates depend shall be liveing, and alsoe shall upon Action or Actions to be brought by him or them against the Lessors Reversioners or Tennants in possession or other persons respectively which since the time of the said Eviction received the Proffitts of the said Lands or Tenements recover for damages the full Proffitts of the said Lands or Tenements respectively with lawfull Interest for and from the time that he or they were outed of the said Lands or Tenements, and kepte or held out of the same by the said Lessors Reversioners Tennants or other persons who after the said Eviction received the Proffitts of the said Lands or Tenements or any of them respectively as well in the case when the said person or persons upon whose Life or Lives such Estate or Estates did depend are or shall be dead at the time of bringing of the said Action or Actions as if the said person or persons where then liveing.
Attempted translation
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1. An Act to put right any misunderstanding by proof of the “Death of a Person *(2) beyond the Seas” or not existing themselves, upon whose property does depend. In public the Cestui que vie*(individual/Beneficiary) has gone beyond Sea, and the party entitled to receive the estate (back via a reversionary interest), the grantor (State) , cannot find out whether they (individual interest holder/Beneficiary) is alive or dead. The property grantor (State) has an interest in the estate (all commercial entities within a Nation State) which is PROPERTY/Estate leased (granted to an individual) for the life of the HUMAN/Individual in TRUST for the beneficiary in the form of a PUBLIC PERSON (Juristic/Legal Person). It is a fact that, diverse Lords of Manors and others have granted Estates by Lease for one or more lives, or else for years determinable upon one or more life or lives. And it has often happened that such people for whose lives such Estates have been granted have gone beyond the Seas or absented themselves for many years (not claimed an interest to the Estate). The *(3 HUMAN/Beneficiary/Interest holder) and *(4 State) cannot find out whether such person (public NAME incorporated into the State) be alive or dead. By reason of such, the *(3 HUMAN/Beneficiary/Interest holder) and *(4 State) have been held out of possession of their *(5 interest) for many years after all the lives upon which such Estates depend are dead in regard that the *(3 HUMAN/Beneficiary/Interest holder) and *(4 State) when they have brought Actions (Claim) for the recovery of their *(5 interest) have been putt upon it to prove the death of their Tenants *(6 User of the NAME/Person ) when it is almost impossible for them to discover the same. For remedy of which mischief *(7 damage caused by another person’s action or inaction) so frequently happening to such *(3 HUMAN/Beneficiary/Interest holder) or *(4 State). |
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2.Cestui que vie *(individual/Beneficiary) remaining beyond Sea for Seven Years continually and no proof of their lives, Judge in Action to direct a Verdict as though Cestui que vie *(Human/Beneficiary/Interest holder) were dead (in a common law country reversionary interest go to heirs after 7 years of someones death, even if a death is assumed and not proven).. If such person for whose life such Estate has been or shall be granted as aforesaid shall remain beyond the Seas or elsewhere absent themselves in this Realm by the space of seven years together and no sufficient and evident proof be made of the life of such a person respectively in any Action (lawsuit) commenced for recovery of such *(5 interest) by the *(3 HUMAN/Beneficiary/Interest holder) or *(4 State) in every such case the person upon whose life such Estate depended shall be accounted as naturally dead. And in every Action brought for the recovery of the said *(5 interest) by the *(3 HUMAN/Beneficiary/Interest holder) or *(4 State), their Heires *(8) or Assignes *(9), Judges before whom such Action shall be brought shall direct the Jury (direct them to the law, just made I might add) to give their Verdict as if the person so remaining beyond the Seas or otherwise absenting himself were dead. |
*(8) Heir – An individual who receives an interest in, or ownership of, land, tenements, or hereditaments from an ancestor who has died intestate, through the laws of Descent and Distribution. At Common Law, an heir was the individual appointed by law to succeed to the estate of an ancestor who died without a will. It is commonly used today in reference to any individual who succeeds to property, either by will or law.
An heir of the body is an heir who was either conceived or born of the individual who has died, or a child of such heir. This type of heir is anyone who descends lineally from the decedent, excluding a surviving spouse, adopted children, and collateral relatives. Ordinarily, property can be given by will to anyone named or can be shared by all heirs, but historically, the owner of an entail could only pass his or her property on to heirs of the body. This type of inheritance is largely abolished by statute today.
*(9) Assign – To transfer to another, as to assign one’s right to receive rental income from property to another. To designate for a particular function, as to assign an attorney to defend an indigent in a criminal prosecution. To specify or point out, as to assign errors in a lower court proceeding on a writ of error that is submitted to request a court to reverse the judgement of the lower court.
Assigns – Individuals to whom property is, will, or may be transferred by conveyance, will, Descent and Distribution, or statute; assignees. The term assigns is often found in deeds; for example, “heirs, administrators, and assigns to denote the assignable nature of the interest or right created.”
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3.If the supposed dead Man (HUMAN//Beneficiary/Interest holder) proves to be alive, then the Title (all rights to the use of the land/estate/property) is revested (the title reverts back to the one granted property interests). Counter claim means Profits with Interest.. Provided always That, if any person shall be evicted out of any Lands or *(5 interest) by virtue of this Act, and afterwards if such person upon whose life Estate depend shall return again from beyond the Seas, or shall on proof in any Action to be brought for recovery of the same [to] be made appear to be living; or to have been living at the time of the Eviction (Evidenced by the Birth Certificate), That then and from thence forth the Tennant *(6 User of the NAME) or *(11 The one renting the Person/Beneficial Interest under a written lease from the State) who was outed of the same, his or their Executors* Administrators or Assigns* shall or may re-enter, repossess (take possession of property), have hold (To maintain ownership of a security over a long period of time) and enjoy the said Lands (Real estate or property) or *(5 interest) in his or their former Estate for and during the Life or so long term as the said person upon whose Life the said Estate depend shall be living, and also shall upon Action or Actions to be brought by him or them against the *(3 HUMAN/Beneficiary/Interest holder), *(4 State), or *(6 User of the NAME ) in possession, or other persons respectively which since the time of the said Eviction received the Profits of the said Lands (Real estate or property) or *(5 interest) recover for damages the full Profits of the said Lands (Real estate or property) or *(5 interest) respectively with lawful Interest for and from the time that he or they were outed of the said Lands (Real estate or property) or *(5 interest) , and kept or held out of the same by the said *(3 HUMAN/Beneficiary/Interest holder), *(4 State), or *(6 User of the NAME ) or other persons who after the said Eviction received the Profits of the said Lands (Real estate or property) or *(5 interest) or any of them respectively as well in the case when the said person whose Life such Estate did depend. Or shall be dead at the time of bringing of the said Action or Actions as if the said person then living. |
*(2) Individual/Beneficiary. The one who, at birth, had a name incorporated (by registration) to assign land and estate rights to a new individual born within that State of commerce creating an entity called a Juristic Person or Body Corporate. All rights are issued in equity and are certificates. The legal title is held by registrars and is kept in archive for every living interest holder in that State.
*(3) Lessor – The owner of real property who rents it to a lessee pursuant to a written lease. Thus, he/she/it is the landlord and the lessee is the tenant.
*(4) State – Reversion – Any future interest kept by a person who transfers property to another. A reversion occurs when a property owner makes an effective transfer of property to another but retains some future right to the property.
Decision Makers Guide – Reversionary interest – DMG47036
“In England and Wales an interest in a trust is reversionary if the possession or enjoyment of it is postponed to the prior interest of another person in the same capital. Example- The terms of a trust say that Edith (the individual) has a life interest in a house (Benefit/Estate via property interest assigned to a Person) and that George (State) gets the house (Benefit/Estate) upon Edith’s (the individuals) death. George (State) has a reversionary interest in the property – taking possession only when Edith (the individual) dies”
A reversion differs from a remainder because a reversion arises through the operation of law* rather than by act of the parties. * The manner in which an individual acquires certain rights or liabilities through no act or cooperation of his or her own, but merely by the application of the established legal rules to the particular transaction.
*(5) Tenement – A comprehensive legal term for any type of property of a permanent nature—including land, houses, and other buildings as well as rights attaching thereto, such as the right to collect rent.
ALSO – Servient Estate – n. real property which has an easement or other use imposed upon it in favor of another property (called the “dominant estate”), such as right of way or use for access to an adjoining property or utility lines. The property giving usage is the servient estate, and the property holding usage of the easement is the dominant estate.
*(6) Tenant – An individual who occupies or possesses land or premises by way of a grant of an estate of some type, such as in fee, for life, for years, or at will. A person who has the right to temporary use and possession of particular real property, which has been conveyed to that person by a landlord.
*(7) Mischief – A specific injury or damage caused by another person’s action or inaction. In Civil Law, a person who suffered physical injury due to the Negligence of another person could allege mischief in a lawsuit in tort. For example, if a baseball is hit through a person’s window by accident, and the resident within is injured, mischief can be claimed. It is distinct from malicious mischief, which is a criminal act usually involving reckless or intentional behavior such as Vandalism.
*(10) Revest – to restore (former power, authority, status, etc., to a person) or (of power, authority, etc.) to be restored
[from Old French revestir to clothe again, from Latin re- + vestire to clothe; see vest]
*(11) Lessee – the person renting property under a written lease from the owner (lessor). He/she/it is the tenant and the lessor is the landlord.
Some interesting reading on the nature of a cestui que trust: