Cestui Que Vie Act 1707

Part 1 Cestui Que Vie (life beneficiary) Act 1707 says:

(1) An Act for the more effectual Discovery of the Death of Persons pretended to be alive to the Prejudice of those who claim Estates after their Deaths.

Reasons for passing this Act. Reversions, &c. expectant upon Determination of Life Estate,upon Affidavit of Belief of Death of Infant or other Tenant for Life as herein mentioned,and that such Death is concealed by Guardian, &c. may yearly move for and obtain anOrder in Chancery for the Production of such Tenant for Life; and upon Refusal, &c. toproduce such Tenant for Life, taken to be dead. Whereas divers Persons as Guardians and Trustees for Infants and Husbands in Right of theirWives and other Persons having Estates or Interests determinable upon a Life or Lives havecontinued to receive the Rents and Profits of such Lands after the Determination of their saidparticular Estates or Interests And whereas the Proof of the Death of the Persons on whose Livessuch particular Estates or Interests depended is very difficult and several Persons have been andmay be thereby defrauded For Remedy whereof and for preventing such fraudulent Practicesany person or Persons who hath or shall have any Claim or Demand in or to any RemainderReversion or Expectancy in or to any Estate after the Death of any Person within Age MarriedWoman or any other Person whatsoever upon Affidavit made in the High Court of Chancery bythe Persons so claiming such Estate of his or her Title and that he or she hath cause to believethat such Minor Married Woman or other Person is dead and that his or her Death is concealedby such Guardian Trustee Husband or any other Person shall and may Once a Year if the Personagrieved shall think fit move the Lord Chancellor Keeper or Commissioners for the Custody ofthe Great Seal of Great Britain for the Time being to order [X2and they are hereby authorizedand required to order] such Guardian Trustee Husband or other Person concealing or suspectedto conceal such Person at such Time and Place as the said Court shall direct on Personal or otherdue Service of such Order to produce and shew to such Person and Persons (not exceeding Two)as shall in such Order be named by the Party or Parties prosecuting such Order such MinorMarried Woman or other Persons aforesaid And if such Guardian Trustee Husband or suchother Person as aforesaid shall refuse or neglect to produce or shew such Infant Married Womanor such other Person on whose Life any such Estate doth depend according to the Directionsof the said Order that then the Court of Chancery is hereby authorized and required to ordersuch Guardian Trustee Husband or other Person to produce such Minor Married Woman orother Person concealed in the said Court of Chancery or otherwise before Commissioners to be appointed by the said Court at such Time and Place as the Court shall direct Two of which Commissioners shall be nominated by the Party or Parties prosecuting such Order at his heror their Costs and Charges [X3And in case such Guardian Trustee Husband or other Person]shall refuse or neglect to produce such Infant Married Woman or other Person so concealed inthe Court of Chancery or before such Commissioners whereof Return shall be made by suchCommissioners and that Return filed in the Petty Bag Office in either or any of the said Casesthe said Minor Married Woman or such other Person so concealed shall be taken to be dead andit shall be lawful for any Person claiming any Right Title or Interest in Remainder or Reversionor otherwise after the Death of such Infant married Woman or such other Persons so concealedas aforesaid to enter upon such Lands Tenements and Hereditaments as if such Infant MarriedWoman or other Person so concealed were actually dead.

Our Translation

(1)

An Act for the more effectual Discovery of the Death of Persons pretended to be alive to the Prejudice of those who claim Estates after their Deaths.

Reasons for passing this Act is because the person who is entitled to have the property back etc. depending upon the final resolution or conclusion of this controversy of Life Estate (interest in land), upon Affidavit (sworn oath) of Belief of Death of Infant or other life beneficiary as herein mentioned, and that such Death is concealed by Guardian etc. (im assuming they mean parent or guardian)  may yearly move for and obtain an Order in Chancery for the Production of such life beneficiary; and upon Refusal etc. to produce such life beneficiary, taken to be dead. Whereas divers Persons as Guardians and Trustees for Infants and other Persons having Estates or Interests determinable upon a Life or Lives have continued to receive the Rents and Profits of such Lands after the Determination of their said particular Estates or Interests And whereas the Proof of the Death of the Persons on whose Lives such particular Estates or Interests depended is very difficult and several Persons have been and may be thereby defrauded For Remedy whereof and for preventing such fraudulent Practices any person or Persons who hath or shall have any Claim or Demand in or to any RemainderReversion or Expectancy in or to any Estate after the Death of any Person within Age whatsoever upon Affidavit made in the High Court of Chancery by the Persons so claiming such Estate of his or her Title. That he or she has cause to believe that such Person is dead and that his or her Death is concealedby such Guardian Trustee or other Person shall and may Once a Year if the Person agrieved (harmed) shall think fit move the Lord Chancellor Keeper or Commissioners for the Custody of the Great Seal of Great Britain for the Time being to order and they are hereby authorized and required to order such Guardian Trustee or other Person concealing or suspected to conceal such Person at such Time and Place as the said Court shall direct on Personal or otherdue Service of such Order to produce and shew to such Person and Persons (not exceeding Two) as shall in such Order be named by the Party or Parties prosecuting such Order such MinorMarried Woman or other Persons aforesaid And if such Guardian Trustee Husband or suchother Person as aforesaid shall refuse or neglect to produce or shew such Infant Married Womanor such other Person on whose Life any such Estate doth depend according to the Directionsof the said Order that then the Court of Chancery is hereby authorized and required to ordersuch Guardian Trustee Husband or other Person to produce such Minor Married Woman or other Person concealed in the said Court of Chancery or otherwise before Commissioners to be appointed by the said Court at such Time and Place as the Court shall direct Two of which Commissioners shall be nominated by the Party or Parties prosecuting such Order at his heror their Costs and Charges And in case such Guardian Trustee Husband or other Person shall refuse or neglect to produce such Infant Married Woman or other Person so concealed in the Court of Chancery or before such Commissioners whereof Return shall be made by such Commissioners and that Return filed in the Petty Bag Office in either or any of the said Cases the said Minor Married Woman or such other Person so concealed shall be taken to be dead and it shall be lawful for any Person claiming any Right Title or Interest in Remainder or Reversionor otherwise after the Death of such Infant married Woman or such other Persons so concealedas aforesaid to enter upon such Lands Tenements and Hereditaments as if such Infant Married Woman or other Person so concealed were actually dead.

Part 2 of the Cestui Que Vie (life beneficiary) Act 1707 says:

(2)

If such Infant, &c. Tenant for Life,appear to be in some Place beyond Sea, Partyprosecuting such Order may send over to view such Infant, and if Guardian,&c. will not produce such Tenant for Life, then he or she to be taken as dead. AND if it shall appear to the said Court by Affidavit that such Minor Married Womanor other Person for such Life such Estate is holden is or lately was at some certainPlace beyond the Seas in the said Affidavit to be mentioned it shall and may be lawfulfor the Party or Parties prosecuting such Order as aforesaid at his her or their Costs andCharges to send over one or both the said Persons appointed by the said Order to viewsuch Minor Married woman or other Person for whose Life any such Estate is holdenand in case such Guardian Trustee Husband or other Person concealing or suspectedto conceal such Persons as aforesaid shall refuse or neglect to produce or procure to beproduced to such Person or Persons a personal View of such Infant Married Womanor other Person for whose Life any such Estate is holden that then and in such Casesuch Person or Persons are hereby required to make a true Return of such Refusal orNeglect to the Court of Chancery which Return shall be filed in the Petty Bag Officeand thereupon such Minor Married Woman or other Person for whose Life any suchEstate is holden shall be taken to be dead and it shall be lawful for any Person claimingany Right Title or Interest in Remainder Reversion or otherwise after the Death of suchInfant Married Woman or other Person for whose Life any such Estate is holden toenter upon such Lands Tenements and Hereditaments as if such Infant Married Womanor other Person for whose Life any such Estate is holden were actually dead.

Our Translation

(2)

If such Infant etc. Tenant for Life,appear to be in some Place beyond Sea, Party prosecuting such Order may send over to view such Infant, and if Guardian etc. will not produce such life beneficiary, then he or she to be taken as dead. AND if it shall appear to the said Court by Affidavit that such Person for who Life the Estate is held for is beyond the Seas in the said Affidavit to be mentioned it shall and may be lawful for the Party prosecuting such Order as said before at their Costs and Charges to send over one or both the said Persons appointed by the said Order to view such Person for whose Life any such Estate is held. In case such Guardian or Trustee concealing or suspected to conceal such Persons as aforesaid shall refuse or neglect to produce such Person, a personal View of such Person for whose Life any such Estate is held that then and in such Case such Person is hereby required to make a true Return of such Refusal or Neglect to the Court of Chancery which Return shall be filed in the Petty Bag Office, and thereupon such Person whose Estate is held shall be taken to be dead and it shall be lawful for any Person claiming any Right Title or Interest in Remainder, Reversion or otherwise after the Death of such Person whose Estate is held to enter upon such Lands Tenements and Hereditaments as if such Person whose Estate is held were actually dead.

Part 3 of the Cestui Que Vie (life beneficiary) Act 1707 says:

(3)

If it appear afterwards in any Action to be brought that such Tenant for Lifewas alive at the Time of the Order made, then he or she may re-enter, and haveAction for Rent, &c. PROVIDED always That if it shall afterwards appear upon Proof in any Action to bebrought that such Infant Married Woman or other Person for whose Life any suchEstate is holden were alive at the Time of such Order made that then it shall be lawfulfor such Infant Married Woman Guardian or Trustee or other Person having any Estateor Interest determinable upon such Life to re-enter upon the said Lands Tenements orHereditaments and for such Infant Married Woman or other Person having any Estateor Interest determinable upon such Life their Executors Administrators or Assignsto maintain an Action against those who since the said Order received the Profitsof such Lands Tenements or Hereditaments or their Executors or Administratorsand therein to recover full Damages for the Profits of the same received from theTime that such Infant Married Woman or other Person having any Estate or Interestdeterminable upon such Life were ousted of the Possession of such Lands Tenementsor Hereditaments.

Our Translation

(3)

If it appear afterwards in any court action to be brought that such life beneficiary was alive at the Time of the Order made, then he or she may re-enter, and have Action for Rent etc. PROVIDED always That if it shall afterwards appear upon Proof in any Action to be brought that such Person whose Estate is held were alive at the Time of such Order made that then it shall be lawful for such Guardian or Trustee or other Person having any Estate or Interest determinable upon such Life to re-enter upon the said Lands, Tenements or Hereditaments and for such Person having any Estate or Interest determinable upon such Life, their Executors, Administrators or Assigns to maintain an Action against those who since the said Order received the Profits of such Lands, Tenements or Hereditaments or their Executors or Administrators and therein to recover full Damages for the Profits of the same received from the Time that such Person having any Estate or Interest determinable upon such Life were ousted of the Possession of such Lands Tenements or Hereditaments.

Part 4 of the Cestui Que Vie (life beneficiary) Act 1707 says:

(4)

Proviso for Guardian, &c. who shall make it appear that due Endeavour hasbeen used to procure the Appearance of such Infant and Tenant for Life. Provided always That if any such Guardian Trustee Husband or other Person orPersons holding or having any Estate or Interest determinable upon the Life or Livesof any other Person or Persons shall by Affidavit or otherwise to the Satisfaction ofthe said Court of Chancery make appear that he she or they have used his her or theirutmost Endeavours to procure such Infant Married Woman or other Person or Personson whose Life or Lives such Estate or Interest doth depend to appear in the said Courtof Chancery or elsewhere according to the Order of the said Court in that Behalf madeand that he she or they cannot procure or compel such Infant Married Woman or otherPerson or Persons so to appear and that such Infant Married Woman or other Personor Persons on whose Life or Lives such Estate or Interest doth depend is are or wereLiving at the Time of such Return made and filed as aforesaid then it shall be lawfulfor such Person or Persons to continue in the Possession of such Estate and receivethe Rents and Profits thereof for and during the Infancy of such Infant and the Lifeor Lives of such Married Woman or other Person or Persons on whose Life or Livessuch Estate or Interest doth or shall depend as fully as he she or they might have doneif this Act had not been made

Our Translation

(4)

Proviso for Guardian etc. who shall make it appear that , in any attempt they have bought about (procure) the Appearance of such life beneficiary. Provided always That if any such Guardian or Trustee holding or having any Estate or Interest determinable upon the Life of any Person shall by Affidavit or otherwise to the Satisfaction of the said Court of Chancery, make appear that he she have used his her utmost Endeavours to procure such Person on whose Life such an Estate or Interest does depend on, to appear in the said Court of Chancery or elsewhere according to the Order of the Court in that Behalf, made and that he she cannot procure or compel such Person so to appear and that such Person whose Life such Estate or Interest does depend, are or were Living at the Time of such Return, made and filed as aforesaid then it shall be lawful for such Person to continue in the Possession of such Estate and receive the Rents and Profits thereof for and during the Persons Life Estate or Interest does depend as fully as he she or they might have done if this Act had not been made.

Part 5 of the Cestui Que Vie (life beneficiary) Act 1707 says:

(5)

Guardians, Trustees, &c. holding over without consent of Remainder Man,&c. deemed Trespassers. Damages. AND every Person who as Guardian or Trustee for any Infant and every Husbandseised in Right of his Wife only and every other Person having any Estate determinableupon any Life or Lives who after the Determination of such particular Estates orInterests without the express Consent of him her or them who are or shall be nextand immediately entitled upon and after the Determination of such particular Estatesor Interests shall hold over and continue in Possession of any Manors Messuages Lands Tenements or Hereditaments shall be and are hereby adjudged to be Trespassersand that every Person and Persons his her and their Executors and Administratorswho are or shall be entitled to any such Manors Messuages Lands Tenements andHereditaments upon or after the Determination of such particular Estates or Interestsshall and may recover in Damages against every such Person or Persons so holdingover as aforesaid and against his her or their Executors or Administrators the full Valueof the Profits received during such Wrongful Possession as aforesaid.

Our Translation

(5)

Guardians, Trustees etc. holding over without consent of the person who will receive a remainder in real property etc. deemed Trespassers Damages. AND every Person who as Guardian or Trustee for any Person having any Estate determinable upon any Life who, after the Determination of such particular Estates or Interests without the express Consent of him her who are or shall be next and immediately entitled upon and after the Determination of such particular Estates or Interests, shall hold over and continue in Possession of any ManorsMessuages Lands Tenements or Hereditaments shall be, and are hereby adjudged, to be Trespassers, and that every Person and Persons his her and their Executors and Administrators who are or shall be entitled to any such Manors Messuages Lands Tenements and Hereditaments, upon or after the Determination of such particular Estates or Interests shall and may recover in Damages against every such Person so holding over as aforesaid, and against his her Executors or Administrators the full Value of the Profits received during such Wrongful Possession as aforesaid.

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