cestui


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Related to cestui: Cestui que use

cestui

(sɛˈtiː; sɛsˈtwiː)
n
law the person (who)
References in periodicals archive ?
T]here can be no doubt that a medical man is placed in such a position of trust and confidence towards his patient, which requires from him the same degree of good faith, plain dealing and guarded conduct which the law requires shall subsist between trustee and cestui que trust .
4) Vasari, 1973, 7:582: "Conobbi ancora in Napoli e fu mio amicissimo, I'anno 1545, Giovanni di Calker, pittore fiammingo molto raro, e tanto pratico nella maniera d'ltalia, che le sue opera non erano constiute per mano di fiammingo; ma cestui mori giovane in Napoli, mentre si sperava gran cose di lui: il quale disegnb la sua notomia al Vessalio.
Whenever a person clothed with a fiduciary or quasi fiduciary character or position gains some personal advantage by availing himself of such character or position, a constructive trust is raised by courts of equity, such person becomes a constructive trustee, and the advantage gained must be held by him for the benefit of his cestui que trust.
Modern English and American trust doctrines can be traced back to the English use: a general trust concept 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).
Tout se vos devisasse ge bien a cestui point pot ce que a mon livre apartient; mais je ne puis, quar l'arcevesque de Contorbiere le me devea, e me desfendi que je en mon livre ne meisse chose qui a la devinite apartiegne.
Courts have analogized the rights of mutual policyholders to a cestui que trust in that legal title to the corporate property is vested in the company but is devoted solely to providing life insurance at cost for the benefit of policyholders.
The objection is not that the trust is for a purpose or object per se, but that there is no beneficiary or cestui que trust.
Therefore, the fiduciary is liable under principles of equity law for making whole its cestui que trust, in this case Holocaust survivors.
95) Cestui (short for cestui que trust) is the old term for the beneficiary of a trust.
at 647 (adverse domination doctrine based on several theories: control per se precludes possibility of filing suit, control puts corporation in the position of cestui of a trust and unable to make adverse claim, or control relates to concealment or nondisclosure of existence of grounds for a cause of action).
37) These include, for example, relationships between parents and children, and trustee and cestui que trust of a declaratory trust.