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''Cestui que'' , (also ''cestuy que'', "cestui a que") is a shortened version of ''cestui a que use le feoffment fuit fait,'' literally, "The person for whose use the feoffment was made." It is a Law French phrase of medieval English invention, which appears in the legal phrases ''cestui que trust'', ''cestui que use'', or ''cestui que vie''. In contemporary English the phrase is also commonly pronounced "setty-kay" () or "sesty-kay" (). According to Roebuck, ''Cestui que use'' is pronounced "setticky yuce" ().〔Roebuck, Derek,(wrote 'Cestui que use (pronounced 'setticky yuce') beneficiary' DR ) "The Background of the Common Law", Oxford, 1990, Index〕 ''Cestui que use'' and ''cestui que trust'' are more or less interchangeable terms. In some medieval materials, the phrase is seen as ''cestui a que''. 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 The term, principally owing to its cumbersome nature, has been virtually superseded in modern law by that of "beneficiary", and general law of trusts. The ''cestui que use'' and trust were rooted in medieval law, and became a legal method to avoid the feudal (medieval) incidents (payments) to an overlord, while leaving the land for the use of another, who owed nothing to the lord. The law of cestui que tended to defer jurisdiction to courts of equity as opposed to common law courts. The cestui que was often utilized by persons who might be absent from the kingdom for an extended time (as on a Crusade, or a business adventure), and who held tenancy to the land, and owed feudal incidents to a lord. The land could be left for the use of a third party, who did not owe the incidents to the lord. This legal status was also invented to circumvent the Statute of Mortmain. That statute was intended to end the relatively common practice of leaving real property to the Church at the time of the owner's death. Two conceptualizations, not mutually exclusive, of the term ''mortmain'' ("dead hand") of the term explain its origin(s): First, the "dead hand" may be characterized as that of the deceased donor and former owner to whose desire, as embodied in the testamentary provision that the Church hold title to the property, remained subject. Second, because the Church as a nonnatural person recognized at common law never died, the land never left the "dead hand" or, more accurately, the nonliving hand of the Church. Before the Statute of Mortmain, large amounts of land were bequeathed to the Church, which never relinquished it. This legal arrangement was in contradistinction to others in which the land could be transferred to anyone, inherited only through a family line (sometimes sex-specific), or revert to a lord or the Crown upon death of the tenant. Church land had been a source of contention between the Crown and the Church for centuries. ''Cestui que use'' allowed religious orders to inhabit land, while the title resided with a corporation of lawyers or other entities, who nominally had no relation to the Church. ==History in German and Roman Law == It is the opinion of William Holdsworth〔Holdsworth, W, "A History of English Law", Brown, Little & Co. 1927, pp.410-411〕 quoting such scholars as Gilbert, Sanders, Blackstone, Spence and Digby, that cestui que in English law had a Roman origin. An analogy exists between cestui que uses and a usufructus (usufruct) or the bequest of a fideicommissum. These all tended to create a feoffement to one person for the use of another. Gilbert〔Gilbert, ed. 1811〕 writes, (also seen in Blackstone):〔Blackstone ii, 327, 328〕 "that they answer more to the fideicommissum than the usufructus of the civil law." These were transplanted into England from Roman Civil Law about the close of the reign of Edward III of England by means of foreign ecclesiastics who introduced them to evade the Statute of Mortmain. Others argue that the comparison between cestui que and Roman law is merely superficial. The transfer of land for the use of one person for certain purposes to be carried out either in the lifetime or after the death of the person conveying it has its basis in Germanic law. It was popularly held that land could be transferred for the use from one person to another in local custom. The formal English or Saxon law didn't always recognize this custom. The practice was called Salman or Treuhand. "Sala" is German for "transfer".〔Holdsworth, W.; pp.410-411〕 It is related to the Old English "sellen", "to sell". The earliest appearance of cestui que in the medieval period was the feoffee to uses, which like the Salman, held on account of another. This was called the cestui que use. It was because the feoffor could impose on him many various duties that landowners acquired through his instrumentality the power to do many things with their land. This was a to avoid the rigidity of medieval common law of land and its uses. Germanic law was familiar with the idea that a man who holds property on account of, or to the use of another is bound to fulfill his trust. Frankish formulas from the Merovingian period describe property given to a church "ad opus sancti illius." Mercian books in the ninth century convey land "ad opus monachorum". The Domesday Book refers to geld or money, sac and soc held in "ad opus regus", or in "reginae" or "vicecomitis". The laws of William I of England speak of the sheriff holding money "al os le rei" ("for the use of the king").〔Legis Wilhelmus I 2 section 3〕〔Holdworth, W.; pp. 410-411〕 Others state that the ''cestui que use trust'' was the product of Roman Law. In England it was the invention of ecclesiastics who wanted to escape the Statute of Mortmain. The goal was to obtain a conveyance of an estate to a friendly person or corporation, with the intent that the use of the estate would reside with the original owner.〔Bogert, "Law of Trusts", 1921〕〔Fletcher, "Corporations, Vol. 9", 1920〕〔Loring "Trustee's Handbook, Second Edition", 1900〕 Pollock and Maitland describe ''cestui que use'' as the first step toward the law of agency.〔Pollock and Maitland, "History of English Law, Vol. 2" Cambridge University Press, 1968 p. 228 et seq〕 They note that the word "use" as it was employed in medieval English law was not from the Latin "usus", but rather from the Latin word "opus", meaning "work". From this came the Old French words "os" or "oes".〔L. Q. R. iii. 116〕 Although with time the Latin document for conveying land to the use of John would be written "ad opus Johannis" which was interchangeable with "ad usum Johannis", or the fuller formula, "ad opus et ad usum", the earliest history suggests the term "use" evolved from "ad opus".〔Pollock and Maitland〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Cestui que」の詳細全文を読む スポンサード リンク
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