Henry VII
Concerted efforts were made under Henry VII of England to reform cestui que. A change in the laws made feoffees the absolute owners of the property of which they had been enfeoffed, and they became subject to all the liabilities of ownership. They were the only ones who could take proceedings against those who interferred with their ownership. If a trespass had been committed with the license of the cestui que use they could take proceedings against him, for he was at law only a tenant at sufferance. Similarly, feoffees were the only ones who could take the proceedings against tenants of the land to compel them to perform their obligations.
If a debt was brought for rent by a cestui que use, and the defendant pleaded "nihil habuit tempore dimissions", the plaintiff would have lost his action if he had not made a special replication setting out the facts.
The purpose of these changes was to make cestui que in general, and cestui que use trusts more cumbersome and economically unattractive.
Read more about this topic: Cestui Que
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