Fide Promissor

See "Fide Jussor." FIDEI COMMISSARIUS (Law Lat.)

In civil law. One who has a beneficial interest in an estate which, for a time, is committed to the faith or trust of another. This term his nearly the same meaning as cestui que trust has in the common law. 1 Greenl. Cruise. Dig. 295; Story, Eq. Jur. § 966; Bouv. Inst. Index. Fidei commissary and fide commissary, anglicized forms of this term, have been proposed to take the place of the phrase cestui que trust, but do not seem to have met with any favor. According to Du Cange, the term was sometimes used to denote the executor of a will. FIDEI COMMISSUM (Law Lat.)

In civil law. A trust. A devise was made to some person (haeres fiduciarius), and a request annexed that he should give the property to some one who was incapable of taking directly under the will. Inst. 2. 23. 1; 1 Greenl. Cruise, Dig. 295; 15 How. (U. S.) 357. A gift which a man makes to another through the agency of a third person, who is requested to perform the will of the giver. The rights of the beneficiary were merely rights in curtesy, to be obtained by entreaty or request. Under Augustus, however, a system was commenced, which was completed by Justinian, for enforcing such trusts. The trustee or executor was called haeres fiduciarius, and sometimes fide jussor. The beneficial heir was called haeres fidei commissarius. The uses of the common law are said to have been borrowed from the Roman fidei commissa. 1 Greenl. Cruise, 295; Bac. Read. Uses, 19; 1 Madd. 446; Story, Eq. Jur. § 966. The fidei commissa are supposed to have been the origin of the common-law system of entails. 1 Spence, Eq. Jur. 21; 1 Washb. Real Prop. 60. This has been doubted by others. See 1 Bouv. Inst, note 1708.

See Fide-Ju.ssob. FIOEI-COMMISSARIUS (L. Lat). In Civil Law. One who has a beneficial interest In an estate which, for a time, is committed to the faith or trust of another. This term has nearly the same meaning as cestui que trust has in the common law. 1 Greenl. Cruise, Dig. 295; Story, Eq. Jur. § 966. Fidei - commissary and fide - commissary, anglicized forms of this term, have been proposed to take place of the phrase cestui que trust, but do not seem to have met with any favor. According to Du Cange, the term was sometimes used to denote the executor of a wilL FIDEI-COMMISSUM (L. Lat.). In Civil Law. A trust A devise was made to some person (hasres fidudarius), and a request annexed that he should give the property to some one who was incapable of taking directly under the will. Inst 2. 23. 1; 1 Greenl. Cruise, Dig. 295; Mc Donogh v. Murdoch, 15 through the agency of a third person, who is requested to perform the will of the giver. The Louisiana civil code prohibits fideircomn Ussa; Ducloslange v. Ross, 3 La. Ann. 432; thus abolishing express trusts, but not affecting implied trusts; Gaines v. Chew, 2 How. (li. S.) 619, 11 L. Ed. 402. The rights of the beneficiary were merely rights in curtesy, to be obtained by entreaty or request Under Augustus, however, a system was commenced, which was completed by Justinian, for enforcing such trusts. The trustee or executor was called hceres fidudarius, and sometimes fide-jussor. The beneficial heir was called hares fidei-commissarius. The uses of the common law are said to have been borrowed from the Roman fideicommissa; 1 Greenl. Cruise 295; Bacon, Read. 19; see BIsph, Eq. 50; 1 Madd. 446; Story, Eq. Jur. § 966. The fidci-convmissa are supposed to have been the origin of the common-law system of entails; 1 Spence, Eq. Jur. 21; 1 Washb. R. P. 60. This has been doubted by others. See Substitution.

See Frpe-J ussor.