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Ch. VI Judicial Application
(2 §.
5
Correspondent denominations
1 Trustee
2 fiduciary interest
3 trust creating law
4 benefitendary
Art. In so far as a person be interested possesses an interest
on behalf of an oth another an other to whose interest he stands
bound to give special support he is stiled a trustee
on behalf of each other or others and the interest he
thus possesses is stiled a fiduciary interest: and the
law by which he is so bound is stiled a trust creating
law: the a person on whose account or say for
whose sake the trust is created is stiled a the principal
in it trust a benefitendary
6
Trust created by law
with or without the
instrumentality of a
Trustor
When a trust is created by law, as above
a trust is created, it may be either with or without the
instrumentality of a person or
persons operating to that purpose: when it is with the intervention of such
instrumentality, the person or persons so acting may be
stiled trustee or trustees. In this case there are three parties
connected and jointly interested: to wit 1 the trustee or trus
benefitendary 2 the trustee 3 the trustor or trustors or
say the trust maker or trust makers (c)
7
Note Anglici benefitendary
the cestui que trust
(a) In English system the benefitendary has not other name denomination
than cestui que trust. This denomination being taken from the
obsolete Law — French is altogether mostly unintelligible to all but lawyers.
The Conspicuous is the ness of its frame: a sort of it is no
millipsical abridgment of a sort of sentence long phrase the lines of which remains
to be divined: suppose casting al vers de qui le trust
est crie In the case of his being regarded as actually benefited
(c) Malagries 1. A stipendiary, 2 A Prebendary,
(c) Annlogries — a law maker
benefitendary will actually receive
an appellation of benefitter.
But the actual fulfilment
of the design entertained or
professed to be entertained is too precarious uncertain to admitt of the substitution of the appellation benefitter to the word benefitendary.
Witness the branches of trust the aggregate
amount of which in the case of charitable
trust is under matchless imputation so,
so encreases, as per the Commission
of Enquiry, not so many years
defunding
Identifier: | JB/052/289/001 "JB/" can not be assigned to a declared number type with value 52.
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jeremy bentham |
j whatman turkey mill 1824 |
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jonathan blenman |
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