Original Article: "Cestui que trust" http://legal-dictionary.thefreedictionary.com/Cestui+que+trust
cestui que trust n. (properly pronounced ses-tee kay, but lawyers popularly pronounce it setty kay) from old French. 1) an old fashioned expression for the beneficiary of a trust. 2) "the one who trusts" or the person who will benefit from the trust and will receive payments or a future distribution from the trust's assets. (See: beneficiary). beneficiary, An organization or a person for whom a trust is created and who thereby receives the benefits of the trust.
One who inherits under a will. A person entitled to a beneficial interest or a right to profits, benefit, or advantage from a contract.
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beneficiary n. a broad definition for any person or entity (like a charity) who is to receive assets or profits from an estate, a trust, an insurance policy or any instrument in which there is distribution.
There is also an "incidental beneficiary" or a "third party beneficiary" who gets a benefit although not specifically named, such as someone who will make a profit if a piece of property is distributed to another. Incidental beneficiary, n. someone who obtains a benefit as the result of the main purpose of the trust.
Example: the co-owner of property with a named beneficiary may benefit from moneys provided to improve the building they jointly own, or a grandchild might benefit from his/her parent receiving a gift which could be used by the entire family, or which he/she may inherit from the parent. Trust, 1. reliance on the integrity, strength, ability, surety, etc., of a person or thing; confidence.
2. confident expectation of something; hope.
3. confidence in the certainty of future payment for property or goods received; credit: to sell merchandise on trust.
4. a person on whom or thing on which one relies: God is my trust.
5. the condition of one to whom something has been entrusted.
6. the obligation or responsibility imposed on a person in whom confidence or authority is placed: a position of trust.
7. charge, custody, or care: to leave valuables in someone's trust.
8. something committed or entrusted to one's care for use or safekeeping, as an office, duty, or the like; responsibility; charge.
9. Law.
a. a fiduciary relationship in which one person (the trustee) holds the title to property (the trust estate or trust property) for the benefit of another (the beneficiary).
b. the property or funds so held.
10. Commerce .
a. an illegal combination of industrial or commercial companies in which the stock of the constituent companies is controlled by a central board of trustees, thus making it possible to manage the companies so as to minimize production costs, control prices, eliminate competition, etc.
b. any large industrial or commercial corporation or combination having a monopolistic or semimonopolistic control over the production of some commodity or service.
11. Archaic . reliability.
12. Law . of or pertaining to trusts or a trust.
13. to rely upon or place confidence in someone or something (usually followed by in or to ): to trust in another's honesty; trusting to luck.
14. to have confidence; hope: Things work out if one only trusts.
15. to sell merchandise on credit.
verb (used with object)
16. to have trust or confidence in; rely or depend on.
17. to believe.
18. to expect confidently; hope (usually followed by a clause or infinitive as object): trusting the job would soon be finished; trusting to find oil on the land.
19. to commit or consign with trust or confidence.
20. to permit to remain or go somewhere or to do something without fear of consequences: He does not trust his children out of his sight.
21. to invest with a trust; entrust with something.
22. to give credit to (a person) for goods, services, etc., supplied: Will you trust us till payday.
Verb phrase
23. trust to, to rely on; trust: Never trust to luck!
Idiom
24. in trust, in the position of being left in the care or guardianship of another: She left money to her uncle to keep in trust for her children.
Origin:
1175–1225; (noun) Middle English < Old Norse traust trust (cognate with German Trost comfort); (v.) Middle English trusten < Old Norse treysta, derivative of traust
Related forms
trust·a·ble, adjective
trust·a·bil·i·ty, noun
trust·er, noun
non·trust, noun
o·ver·trust, verb
self-trust, noun
un·trust·a·ble, adjective
un·trust·ed, adjective
well-trust·ed, adjective
Can be confused: board, bored, committee, council, panel, trust (see synonym note at the current entry ).
Synonyms
1. certainty, belief, faith. TRUST, ASSURANCE, CONFIDENCE imply a feeling of security. TRUST implies instinctive unquestioning belief in and reliance upon something: to have trust in one's parents. CONFIDENCE implies conscious trust because of good reasons, definite evidence, or past experience: to have confidence in the outcome of events. ASSURANCE implies absolute confidence and certainty: to feel an assurance of victory.
8. commitment, commission. 17. credit. 19. entrust.
trust — n
1. reliance on and confidence in the truth, worth, reliability, etc, of a person or thing; faithRelated: fiducial
2. a group of commercial enterprises combined to monopolize and control the market for any commodity: illegal in the US
3. the obligation of someone in a responsible position: a position of trust
4. custody, charge, or care: a child placed in my trust
5. a person or thing in which confidence or faith is placed
6. commercial credit
7. a. an arrangement whereby a person to whom the legal title to property is conveyed (the trustee) holds such property for the benefit of those entitled to the beneficial interest
b. property that is the subject of such an arrangement
c. the confidence put in the trusteeRelated: fiduciary
8. (in the British National Health Service) a self-governing hospital, group of hospitals, or other body providing health-care services, which operates as an independent commercial unit within the NHS
9. trust company See trust account
10. ( modifier ) of or relating to a trust or trusts: trust property
— vb (when tr, may take an infinitive; when intr, often foll by in or to )
11. ( tr; may take a clause as object ) to expect, hope, or suppose: I trust that you are well
12. to place confidence in (someone to do something); have faith (in); rely (upon): I trust him to tell her
13. ( tr ) to consign for care: the child was trusted to my care
14. ( tr ) to allow (someone to do something) with confidence in his or her good sense or honesty: I trust my daughter to go
15. ( tr ) to extend business credit to
Related: fiducial , fiduciary
[C13: from Old Norse traust ; related to Old High German trost solace]
'trustable
— adj
trusta'bility
— n
'truster
— n
trust
c.1200, from O.N. traust "help, confidence," from P.Gmc. *traust- (cf. O.Fris. trast, Du. troost "comfort, consolation," O.H.G. trost "trust, fidelity," Ger. Trost "comfort, consolation," Goth. trausti "agreement, alliance"). Related to O.E. treowian "to believe, trust," and treowe "faithful, trusty" True, . Meaning "businesses organized to reduce competition" is recorded from 1877. The verb (early 13c.) is from O.N. treysta "to trust." Trust-buster is recorded from 1903. Trustee in the sense of "person who is responsible for the property of another" is attested from 1650s. Trustworthy is first attested 1808.
A combination of firms or corporations for the purpose of reducing competition and controlling prices throughout a business or industry. Trusts are generally prohibited or restricted by antitrust legislation. ( Compare monopoly.)
beneficiary noun donee, grantee, heir, heiress, inheritor, legatee, one who receives, payee, receiver, recipient, usufructuary
Associated concepts: beneficiary of a trust, beneficiary under a will, cestui que trust
See also: devisee, donee, grantee, heir, legatee, receiver, recipient, successor, transferee
Burton's Legal Thesaurus, 4E. Copyright © 2007 by William C. Burton. Used with permission of The McGraw-Hill Companies, Inc.
BENEFICIARY. This term is frequently used as synonymous with the technical phrase cestui que trust. (q. v.)
HEIR, BENEFICIARY. A term used in the civil law. Beneficiary heirs are those who have accepted the succession under the benefit of an inventory regularly made. Civ. Code of Lo. art. 879. If the heir apprehend that the succession will be burdened with debts beyond its value, he accepts with benefit of inventory, and in that case he is responsible only for the value of the succession. See inventory, benefit of.
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CESTUI QUE TRUST, A barbarous phrase, to signify the beneficiary of an estate held in trust. He for whose benefit another person is enfeoffed or seised of land or tenements, or is possessed of personal property. 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.
