CESTUI QUE TRUST in UNITED STATES
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“The cestui que use is the person for whose benefit the trust is created. The cestui que trust is the person entitled to an equitable, as opposed to a legal, estate. Thus, if land is granted to the use of A in trust for B, A is cestui que trust, and B trustee, or use. The term, principally owing to its cumbersome nature, has been virtually superseded in modern law by that of “beneficiary”, and general law of trusts.”
That’s like in bankruptcy, where a judge is a trustee and a creditor is the beneficiary, so it’s the judge’s job to distribute the trust property to the creditor. Of course the debtor is the person who’s property was seized and put into that trust.
So the beneficiary gets the EQUITABLE title, judge is a TRUSTEE and the ORIGINAL OWNER (the debtor) has the LEGAL title, which he can recover by COLLAPSING the trust, (by paying OFF the debt owed).
SOO, in feudal society, the legal owner would put his property into that trust, or it was put there for him, if he was 7 years absent, and there would be a TRUSTEE and a BENEFICIAL owner who’d have a USE of that property (equitable title) while the legal owner was absent. And of course the trustee would administer the trust according to the trust indenture.
And in case of the USA, the US went bankrupt in 1933, so the United States and its citizens would be the bankruptees (debtors), i.e. the original legal/lawful owners, while the Federal Reserve system is the CREDITOR, who is the BENEFICIAL title holder, while the Article 1 courts are the TRUSTEES who administer the trust for the benefit of the beneficiary (FedRes).
And of course the US and its citizens can COLLAPSE the trust, by PAYING OFF the $20 trillion federal/national debt, and so regain the legal/lawful/allodial title to their property. So it would appear that single US citizens CANNOT collapse the trust, UNLESS they QUIT US citizenship and become State Citizens or Inhabitants.
So your choice as a bankruptee US citizen is either to remain that citizen and stay being a debtor, or quit that citizenship and assert your State Citizenship or Inhabitant status. But in that case you won’t be entitled to any gov’t benefits.
Oh, and since trusts are under EQUITY jurisdiction, judges can override laws, if those would be against the interest of the equitable holder, the FedRes. This also means that US citizens are NOT protected by Public/Common Law (pre-1933 laws and court decissions), since they’re under BANKRUPTCY, and so are governed under EQUITY, which governs TRUSTS.
So as a US citizen, you are regarded as “DEAD” to the Public/common Law, since you’re part of the US bankruptcy, and so are under Equity which deals with TRUSTS.
And here are a few more definitions of 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 personwho will benefit from the trust and will receive
payments or a future distribution from the trust’sassets. (See: beneficiary)
Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.
cestui que trust
an archaic term in English law for the beneficiary under a trust.
Collins Dictionary of Law © W.J. Stewart, 2006
CESTUI QUE TRUST, A barbarous phrase, to signify the beneficiary of an estate held in trust. Hefor 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.
1 Cruise, Dig. tit.12, c. 4, s. 4; vide Vin. Ab. Trust, U, W, X, and Y 1 Vern. 14; Dane’s Ab. Index, h.t.: 1 Story,
Eq. Jur.Sec. 321, note 1; Bouv. Inst. Index, h.t.
A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.