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Sections 10 and 11 deal with the execution of judgments upon equitable interests of cestui que trust in land and held free from the incumbrances of the persons seized in trust. Trust shall be pass by descent to the heir of the cestui que trust subject to charges for the oblation of the decedent, but the heir shall not become chargeable of his own estate for the obligations of the decedent. Section 13This section was divided into two sections in Statutes at Large: section 13 for the whereas clause and section 14 for the enactment clause. and 14 provide that the effective date for judgments against bona fide purchasers for value of land is the date they are docketed and requiring that judgments of the courts enter the date docketed when signing it without a fee.
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In trust law, a beneficiary or cestui que use, a.k.a. cestui que trust, is the person or persons who are entitled to the benefit of any trust arrangement. A beneficiary will normally be a natural person, but it is perfectly possible to have a company as the beneficiary of a trust, and this often happens in sophisticated commercial transaction structures.See for example Quistclose trusts and orphan structures, both of which commonly involve non-human beneficiaries of trusts.
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By 13 Anne c. 13 (1714), during the pendency of a quare impedit to which either of the universities was a party, the court had power to administer an oath for the discovery of any secret trust, and to order the cestui que trust to repeat and subscribe a declaration against transubstantiation. In Scotland, the effect of a quare impedit could be attained by action of declarator. In the United States, owing to the difference of ecclesiastical organization, the action was never known.
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The legal owner would hold the land for the benefit of the original owner, and would be compelled to convey it back to him when requested. The Crusader was the "beneficiary" and the acquaintance the "trustee". The term "use of land" was coined, and in time developed into what we now know as a "trust". In medieval English trust law, the settlor was known as the feoffor to uses while the trustee was known as the feoffee to uses and the beneficiary was known as the cestui que use, or cestui que trust.
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Roman law had a well-developed concept of the trust (fideicommissum) in terms of "testamentary trusts" created by wills but never developed the concept of the inter vivos (living) trusts which apply while the creator lives. This was created by later common law jurisdictions. Personal trust law developed in England at the time of the Crusades, during the 12th and 13th centuries. In medieval English trust law, the settlor was known as the feoffor to uses, while the trustee was known as the feoffee to uses, and the beneficiary was known as the cestui que use, or cestui que trust.
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