'is that of debtor and creditor; it is not that of trustee and cestui que trust.
3.
The complaint is that those trustees have sold lands to themselves, ostensibly for the benefit of the cestui que trusts.
4.
The proposition I have advanced is that, although the Act should prove to be voidable, the cestui que trusts may elect to confirm it.
5.
Possession by a " cestui que trust " is not adverse to his trustee, and such possession will not void the latter to be champertous.
6.
The objection is not that the trust is for a purpose or object per se, but that there is no beneficiary or " cestui que trust ".
7.
This in effect purports to be a suit by " cestui que trusts " complaining of a fraud committed or alleged to have been committed by persons in a fiduciary character.
8.
"The rule I take to be this; not, that a trustee cannot buy from * 392 his cestui que trust, but, that he shall not buy from himself.
9.
If a trustee will so deal with his cestui que trust, that the amount of the transaction shakes off the obligation, that attaches upon him as trustee, then he may buy.
10.
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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