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When one has been at work among interlocutors, suspensions, tacks, wadsets, multiplepoindings, adjudications in implement, assignations, infeftments, homologations, charges of horning, quadriennium utiles, vicious intromissions, decrees of putting to silence, conjoint actions of declarator and reduction-improbation, the brain, being saturated with these and their kindred, becomes refreshed by crossing the border of legal nomenclature, and getting among common recoveries, demurrers, Quare impedits, tails-male, tails-female, docked tails, latitats, avowrys, nihil dicits, cestui que trusts, estopels, essoigns, darrein presentments, emparlances, mandamuses, qui tams, capias ad faciendums or ad withernam, and so forth.
Under his eyes, still stretching their arms abroad, they made to slink between the mud walls of the next alley. 'Oh, hi! Arrestez. Vesnez! he hailed. 'Cestui
Following a parallel line of progress, the English Court of Chancery created a special proprietorship for the Mortgagor, for the Cestui que Trust, for the Married Woman who had the advantage of a particular kind of settlement, and for the Purchaser who had not yet acquired a complete legal ownership.
It is now twenty years of more since I appeared before Judge Endicott of your city in a cause between a trustee and the cestui que trust. The counsel for the trustee in an argument of considerable length, proceeded to demonstrate the unwisdom, the incapacity, indeed, of my administration of the Treasury Department. I made no attempt to meet the new issue, and the Judge gave no opinion upon it.
Then as to the benefit of the use. We are told that the right to sue the subpoena descended indeed to the heir, on the ground of heres eadem persona cum antecessore, but that it was not assets. /5/ The cestui que use was given power to sell by an early statute. /6/ But with regard to trusts, Lord Coke tells us that in the reign of Queen Elizabeth all the judges in England held that a trust could not be assigned, "because it was a matter in privity between them, and was in the nature of a chose in action." /1/ Uses and trusts were both devisable, however, from an early day, /2/ and now trusts are as alienable as any form of property.
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