Almost always some act of recordation or delivery of the transferred thing is required to "perfect" the transaction.(306) Virtually any property subject to "equity" jurisprudence empowers the legal owner to convey good title free and clear of the rights of the
cestui que trust, but only to bona fide purchasers.
In the first "
Cestui manda li rois par nos," Zijlstra has two notes on par, assuming a cephalicus.
Between strangers, there is no implicit trust.(93) Especially when there is a professional relationship of doctor and patient, one court has concluded that the patient will repose a great deal of trust in the skill of the physician and on his discretion as well.(94) When an "aura of trust" is introduced into a physician-patient relationship, and there is an expectation of confidentiality resulting from that trust, the physician becomes a fiduciary with the similar obligations that a trustee has for the
cestui que trust.(95)
This literature is not much remembered, in part because the question was framed in an archaic way, purportedly addressing "the nature of the
cestui's interest in the trust."(95)
Cestui (short for
cestui que trust) is the old term for the beneficiary of a trust.
(3) See Schilling, 35 F.2d at 781 (comparing the relationship to that of a
cestui que trust); Whitten v.
[A] trustee shall not be permitted to mix up his own affairs with those of the
cestui que trust.
The third party, or
cestui que use, was the equivalent of the beneficiary.
As Lord Eldon understood it, 'the question was, not, whether the price was fair between the trustee and
cestui que trust at the time, but, whether a person, who had a confidential situation previously to the purchase, had at the time of the purchase shaken off that character by the consent of the
cestui que trust, freely given, after full information; and bargained for the right to purchase'.
(60) Because the common law doctrine of tenure deemed all land in England to have been originally possessed and therefore owned by the King, acquisition of title by taking possession of unowned land was generally impossible, except in the anomalous situation where a pur autre vie estate (an estate for the life of another) became vacant as a result of the death of the life tenant before the death of the
cestui que vie (the person whose life measured the estates duration).
1938), the Florida Supreme Court explained the rationale for awarding attorneys' fees in a partnership accounting lawsuit: "The general rule is that costs including attorney's fees will be allowed from the estate in cases where trustees or
cestui que trusts represent all the beneficiaries and bring a fund in court for distribution or in cases of partnership accounting...." (75) The court accordingly held that because one of the partners "was forced to bring suit for dissolution and accounting and being so, he was entitled to have his attorney paid from [the other partner's] part of the proceeds." (76)
Any person interested as or through a personal representative, trustee, conservator, or other fiduciary, creditor, devisee, legatee, heir, next of kin, or
cestui que trust in the administration of a trust, or of the estate of a decedent, minor, protected person, or insolvent, may have a declaration of rights or legal relations in respect thereto:
Bunea:
Cestui din dreptul si istoria bisericii romanesti unite.