Legal Estate in United States

Legal Estate Definition

One the right to which may be enforced in a court of law. It is distinguished from an equitable estate, the right to which can be established only in a court of equity. 2 Bouv. Inst, note 1688. The party who has the legal title has alone the right to seek a remedy for a wrong to his estate, in a court of law, though he may have no beneficial interest in it. The equitable owner is he who has not the legal estate, but is entitled to the beneficial interest. The person who holds the legal estate for the benefit of another is called a “trustee.” He who has the beneficiary interest and does not hold the legal title is called the “beneficiary,” or, more technically, the cestui que trust. When the cestui que trust has a claim, he must enforce his right in a court of equity, for he cannot sue any one at law in his own name (1 East, 497; 8 Term R. 332; 1 Saund. 158, note 1; 2 Bing. 20), still less can he in such court sue his own trustee. (1 East, 497).

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Legal Issue for Attorneys

One the right to which may be enforced in a court of law. It is distinguished from an equitable estate, the right to which can be established only in a court of equity. 2 Bouv. Inst, note 1688. The party who has the legal title has alone the right to seek a remedy for a wrong to his estate, in a court of law, though he may have no beneficial interest in it. The equitable owner is he who has not the legal estate, but is entitled to the beneficial interest. The person who holds the legal estate for the benefit of another is called a “trustee.” He who has the beneficiary interest and does not hold the legal title is called the “beneficiary,” or, more technically, the cestui que trust. When the cestui que trust has a claim, he must enforce his right in a court of equity, for he cannot sue any one at law in his own name (1 East, 497; 8 Term R. 332; 1 Saund. 158, note 1; 2 Bing. 20), still less can he in such court sue his own trustee. (1 East, 497).

This definition of Legal Estate is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.