beneficiary

the term is merely descriptive of the one entitled to the beneficial interest

A term suggested by Judge Story as a substitute for cestui que trust (q. V.) (1 Story, Eq. Jur. § 321), and now quite largely adopted. BENEFICIO PRIMO (more fully, beneficio primo ecclesiastico habendo). A writ directed from the king to the chancellor commanding him to bestow the benefice which shall first fall in the king's gift, above or under a certain value, upon a particular and certain person. Reg. Grig. 307. BENEFICIUM (Lat. beneficere). A portion of land or other immovable thing granted by a lord to his followers for their stipend or maintenance. In the early feudal times, grants were made to continue only during the pleasure of the grantor, which were called munera, but soon afterwards these grants were made for life, and then they assumed the name of benefida. Dalr. Feud. Prop. 199. Pomponius Laetus, as cited by Hotoman (De Feudis, c. 2), says "that it was an ancient custom, revived by the Emperor Constantine, to give lands and villas to those generals, prefects, and tribunes who had grown old in enlarging the empire, t6 supply their necessities as long as they lived, which they called 'parochial,' — ^parishes, etc. But between fiefs or feuds {feuda) and parishes (parochias) there was this difference, that the latter were given to old men, veterans, etc., who, as they deserved well of the republic, were sustained the rest of their life {jpuhlico beneficio) by the public benefaction; or, if any war afterwards arose, they were called out not so much as soldiers as leaders (magistri militum). Feuds (feuda), on the other hand, were usually given to robust young men who could sustain the labors of war. In later times, the word parochia was appropriated exclusively to ecclesiastical persons, while the word beneficium (militare) continued to be used in reference to military fiefs or fees." In Civil Law. Any favor or privilege.

A term suggested by Judge Story as a substitute for cestui que trust, and adopted to some extent. 1 Story. Eq. Jur. § 321. The person named in a policy of insurance to whom the insurance is payable upon the happening of the event insured against. The beneficiary of a contract is not a cestui que trust; 12 Harv. L. Rev. 564. BENEFICIO PRIM0 (more fully hencflcio primo ecclesin.stU-o habendo). A writ directed from the king to the chancellor, commanding him to bestow the benefice which shall first fall in the King's gift, above or under a certain value, upon a particular and certain person. Reg. Orig. 307. BENEFICIUM (Lat). A portion of land or other immovable thing granted by a lord to his followers for their stipend or maintenance. It originally meant a "benefaction" from the king, usually to a noble. The analogous English institution was the laen or loan; Maitl. Domesd. Book & Beyond 301. In the early feudal times, grants were made to continue only during the pleasure of the grantor, which were called munera; but soon afterwards these grants were made for life, and then they assumed the name of beneficia. Dalrymple, Feud. Pr. 199. Pomponius Laetus, as cited by Hotoman, De Fcudis, c. 2, says, "That it was an ancient custom, revived by the Emperor Constantine, to give lands and villas to those generals, prefects, and tribunes who had grown old in enlarging the empire, to supply their necessities as long as they lived, which they called parochial parishes, etc. But between (feuda) fiefs or feuds and (parochias) parishes there was this difference, that the latter were given to old men, veterans, etc., who, as they deserved well of the republic, were sustained the rest of their life (publico beneflcio) by the public benefaction; or, if any war afterwards arose, they were called out not so much as soldiers as leaders (magistri militum). Feuds (feuda), on the other hand, were usually given to robust young men who could sustain the labors of war. In later times, the word parochia was appropriated exclusively to ecclesiastical persons, while the word bencficiiini (militarc) continued to be used in reference to military fiefs or fees. A general term applied to ecclesiastical livings. 4 Bla. Com. 107. See Benefice, In Civil Law. Any favor or privilege.

One for whose benefit a trust Is created; a cestui que trust. 1 Story, Eq. Jur. § 321; In re Welch, 20 App. Div. 412, 46 N. Y. Supp. 689; Civ. Code Cal. 1903, § 2218. A person having the enjoyment of property of which a trustee, ex-echtor, etc., has the legal possession. The perspn to whom a policy of insuranco is payable. Rev. St. Tex. 1895, art 3096a.

— Beneficiary heir. In the law of Louisiana. One who has accepted the succession under the banefit of an inventory regularly made. Civ. Code La. 1900, art. 883. Also one who may accept the succession. Succession of Gusman, 36 La. Ann. 299.

A persoa entitled to the tate; a cestui que trust, v. Cestui Beneflcium,/. in old English law. clericale: the clerical privilege; In Scots law. A benefit, favor or tise: the privilege of competency. privilege of division. Beneficium V. infra.

In the civil law. A benefit or favor ficium competentise: the privilege which the grantor of a gratuitous he might retain sufficient for the ob Ugation, he was reduced ionis: the privilege of division; a be was entitled to demand that the sureties pro rata. Beneficium the privilege of a surety to require remedy against the principal.

In the feudal law. A benefice; a same with what was afterwards

A term suggested by Judge Story as a substitute for cesiud que trust, and adopted to sume extent, 1 Story, Eq. Jur. § 321. Ie that is in possession of a benefice; also a cestui que trust, or person having the enjoyment of property, of which a trustee, executor, ete., has the legal possession. BENEFICIO PRIMO [ECCLESIAS-

One who is entitled to, the benefit of a contract or of an estate held by another. The word, though a little remote from the original meaning of the expression " cestui que trust,^^ is more appropriate for one who is a trustee or fide-commissary, =. See Trust, Cestui, etc. As a member of a beneficial society, see Benefit.

The cestui que trust.

A word suggested by Mr. Justice Story, as proper to be substituted in place of the old established phrase cestui que trust, which he terms "an awkward, barbarous, foreign idiom." 1 Story's Eq. Jur. § 321, and note. See Cestui que trust.