ISl 1.] Error respectmg Cestuy-que use, and Cestiiy-que trust, 431 
l>iit her equitable claim on the legal 
4>M'ner, who takes from the donor only in 
confidence for her benefit, is enforced 
bj a court of equity. If may not be 
superfluous to observe, that the estate of 
the cestuv-Que use, was originally that 
of the cestuy-que trust at present; but 
some objections, principally of a feudal 
mature, existed to the separation of the 
beneficial from the legal property of 
lands, and the statute of uses was ex¬ 
pressly intended to prevent the separa¬ 
tion. By a legal refinement, the inten- 
tiorj of the statute was altogether Irus- 
trated, and the equitable ownership still 
subsists under a new ^lame, the ancient 
feudal objections to it having indeed 
long since ceased. I flatter myself, Sir, 
that, if your correspondent will consult 
Blackstone and Jacobs again, he will 
find all that I have said to be in perfect 
conformity to their doctrine ; and I shall 
be glad if I have succeeded in rendering 
an abstruse subject intelligible. 
Epieices. 
Gray’s Inn, Sept. 6. 
■iiKaiin 
To the Editor of the Monthly Magazine. 
SIR, 
T was with considerable surprise that 
I perused the letter of your corre¬ 
spondent “ A Private Gent.’^ and have 
in consequence of it carefully examined 
the whole of that part of the commen¬ 
taries, which relates to the doctrine of 
Gses and trusts, vvithout^discovering ihe 
passage to which he alludes. , Black- 
stone, on the contrary, expressly says, 
that, if a feoffment were made to A. 
and his heirs, tq the use of B. and his 
heirs, that A. pteviouSiAto the Statute of 
Uses, had the legal possession of the 
iaad; but B. the cestuv-que use, was in 
conscience to have tlie profits and dis¬ 
posal of It. Vid. V. 9. Edit. 15. p. 327. 
And further, in p. 335, speaking of the 
illiberal construction of the .Statute of 
uses, that where there was a limitation 
to A. and his heirs, to the use. of B. and 
his heirs, in trust for C. and his lieirs, 
the judges, instead of vesting the estate 
in C. held that the use or legal estate 
vested in B. and C. recogniii^d no other 
estate than wiiat he possessed; and that, 
from this cause, C. was necessitated to 
apply to a court of equity, in order to 
eniorce the obvious intention of tiie par¬ 
ties, and tiiis latter court considered C. 
as the person enthled to the perception 
of the profits, or the cestuy-que trust; 
amb B. as no more than a trustee for 
liitn. If, however, tiie.confusion of terms, 
spoken of by your correspondent, really 
exists, and has not arisen from his mis- 
appreb.-ansion of the author, it is certainly 
no niore tlian a typographical error; the 
construction of trusts has varied little 
since the publication of the Commen¬ 
taries. Ce.siuy-que use, and cestuy que 
trust, are the persons really entitled to 
the beneficial interest in land; and the 
difl’erence between the terms is that, 
whenever a trust is created upon real 
property, which trust is executed by the 
statute of uses, the person entitled to the 
benefit of it, is called the “ Ccstuy que 
Use f but, where such a trust is created 
as will not be executed by the statute, 
and consequently not be recognised as 
an interest, by the courts of common 
law, there such interest is a trust in 
equity, and the person entitled to the 
benefit of it, is called the “ Cestuy-que 
Trust.” P. T. 
London, Sept. 8, 1811. 
For the Monthly Magazine, 
SKETCH (f PAr.ESTlME by m. de 
CHATEAUBRIAND. 
[The following sketch is from the pen of the 
autlior of several exc-llent works, and par¬ 
ticularly of the novel of Attila. This gen¬ 
tleman visited Palestine in the year 1807 
with an escoit provided by the French go¬ 
vernment, and on his return to Paris gave 
the public the following outline of his 
travels in the Mercure de France 
HAVE explored countries once ce¬ 
lebrated but now obscure :—in whicij 
the heart of thfe traveller is woundeii at 
every step,-—and ins attention constant¬ 
ly diverted from ruins of maible to the 
decay of iuiman natuie, Tlte fallen gates 
of Mycena? and the tomb of Agamem¬ 
non were shown to us in a desert l>y a 
child entirely naked,—with a body at¬ 
tenuated by iiunger—and a countenance 
distorted by wretchedness. It is in vain 
that yon summon the muses to your aid 
in tlie Peloponnesus, or court the illu¬ 
sions of fancy : you are every-where 
haunted by the sad reality of woe and 
want. Huts of drieil clay, fitter for wild 
beasts than for the habiiarion of man ;— 
women and children, miserably clad, fly¬ 
ing at the approach of the stranger and 
of the janissary.—desolation and solitude 
on every side -such is the picture which 
is invariably presented to the eye and 
The Travels in cieta'il have since ap¬ 
peared, and a' translation, by Mr. Shoberl, 
j'.as been published in London during the 
last month ; yet this original summary of 
the author is well worthy of preservado.n. 
which 
