Cestuy Wiki - What is the cestuy?
Cestui que (; 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 in the trust assets. Thus, if land is granted to A, for the use of B while in trust, with remainder to C when the trust terminates, A is the trustee, B is cestui que use, and C the cestui que trust. Ordinarily B and C would be the same person, so the terms are generally synonyms. Principally owing to their cumbersome nature, both have been virtually superseded by the term "beneficiary" in general law of trusts. 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..
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Definitions of "cestuy"
- he; the one; the person in question noun
- He; the one. pronoun
- See cestui. noun
The word "cestuy" in example sentences
Cestui que (also cestuy que) (English pronunciation:/ˈsɛstwi keɪ/) is a shortened version of cestui a que use le feoffment fuit fait, literally, “The person for whose use the feoffment was made.”. [The Volokh Conspiracy » The influence of French words in English legal terminology]
Cestui que (also cestuy que) (English pronunciation: /ˈsɛstwi keɪ/) is a shortened version of cestui a que use le feoffment fuit fait, literally, “The person for whose use the feoffment was made.”. [The Volokh Conspiracy » The influence of French words in English legal terminology]
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