Cestui Que Trust

He for whose benefit another person is seized of lands or tenements, or is possessed of personal property. He who has a right to a beneficial interest in and out of an estate the legal title to which is vested in another. 2 Washb. Real Prop. 163. Judge Story suggests (1 Eq. Jur. § 321) that the word "beneficiary" be substituted for cestui que trust, and this term has come into very general use as such a substitute.

He for whose benefit another person is seised of lands or tenements or is possessed of personal property. He who has a light to a beneficial interest In and out of an estate the legal title to which is vested in another. 2 Wash. R. P. ♦163. He may be said to be the equitable owner; Will. R. P. 188; 1 Spence, Eq. Jur. 497; Inhabitants of Orleans v. Inhabitants of Chatham, 2 Pick. (Mass.) 29; is entitled, therefore, to the rents and profits; may transfer his interest, subject to the provisions of the instrument creating the trust; 1 Spence, Eq. Jur. 507; 2 Washb. R. P. 195; and may ordinarily mortgage his interest; Perrine v. Newell, 49 N. J. Eq. 57, 23 Atl. 492; may defend his title in the name of his trustee; 1 Cruise, Dig. tit. 12, c. 4, § 4; but has no legal title to the estate, as he is merely a tenant at will if he occupies the estate; 2 Ves. Sen. Ch. 472; 16 C. B. R52; 1 Washb. R. P. 88; and may be removed from possession in an action of ejectment by his own trustee; Lew. Trust. 8th ed. ?677; Hill, Trust. 274; Mordecai v. Parker, It N. C. 425; Russell v. Lewis, 2 Pick. (Mass.) 508; he cannot sue for damages to trust lands unless the trustee refuses to protect the rights of the beneficiary; Lindheim v. R. Co., 6S Hun 122, 22 N. Y. Supp. 6S5. Where the trustee neglects to defend the legal title to remove a cloud on the title; President, etc., of Bowdoin College v. Merritt, 54 Fed. 55. See Trust; Beneficiary; Spendthrift Trust.

The person for whose benefit a trust is created or who is to enjoy the income or the avails of it

Defined under Trust in Black's Law Dictionary.

He who has a right to a beneficial interest in and out of an estate the legal title to which is vested in another. 2 Washb. Real Prop. 163. The person who possesses the equitable right to property and receives the rents, issues, and profits thereof, the legal estate of which is vested in a trustee. It has been proposed to substitute for this uncouth term the English word "beneficiary," and the latter, though still far from universally adopted, has come to be quite frequently used. It is equal in precision to the antiquated and unwieldy Norman phrase, and far better adapted to the genius of our language.

a barbarous phrase to signify the beneficiary of an estate held in trust. He for whose benefit another person is enfeoffed or seised of lands or tenements. The cestui que trust is entitled to receive the rents and profits of the land; he may direct such conveyances, consistent with the trust deed or will, as he shall choose, and the trustee (q-. v.) is bound to execute them; he may defend his title in the name of the trustee. 1 Cruise, Dig. tit. 12, c. 4,8. 4; vide Vin.