See also Is the cestui que trust real (today)
The Cestui Que Vie Act 1707
https://www.legislation.gov.uk/apgb/Ann/6/72
1707 CHAPTER 72 6 Ann
X1An 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 an Order in Chancery for the Production of such Tenant for Life; and upon Refusal, &c. to produce such Tenant for Life, taken to be dead
Whereas divers Persons as Guardians and Trustees for Infants and Husbands in Right of their Wives 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 Remainder Reversion or Expectancy in or to any Estate after the Death of any Person within Age Married Woman or any other Person whatsoever upon Affidavit made in the High Court of Chancery by the Persons so claiming such Estate of his or her Title and that he or she hath cause to believe that such Minor Married Woman or other Person is dead and that his or her Death is concealed by such Guardian Trustee Husband or any other Person shall and may Once a Year if the Person agrieved 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 [X2and they are hereby authorized and required to order] such Guardian Trustee Husband or other Person concealing or suspected to conceal such Person at such Time and Place as the said Court shall direct on Personal or other due 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 Minor Married Woman or other Persons aforesaid And if such Guardian Trustee Husband or such other Person as aforesaid shall refuse or neglect to produce or shew such Infant Married Woman or such other Person on whose Life any such Estate doth depend according to the Directions of the said Order that then the Court of Chancery is hereby authorized and required to order such 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 her or 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 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 Reversion or otherwise after the Death of such Infant married Woman or such other Persons so concealed as aforesaid to enter upon such Lands Tenements and Hereditaments as if such Infant Married Woman or other Person so concealed were actually dead
II
If such Infant, &c. 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, &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 Woman or other Person for such Life such Estate is holden is or lately was at some certain Place beyond the Seas in the said Affidavit to be mentioned it shall and may be lawful for the Party or Parties prosecuting such Order as aforesaid at his her or their Costs and Charges to send over one or both the said Persons appointed by the said Order to view such Minor Married woman or other Person for whose Life any such Estate is holden and in case such Guardian Trustee Husband or other Person concealing or suspected to conceal such Persons as aforesaid shall refuse or neglect to produce or procure to be produced to such Person or Persons a personal View of such Infant Married Woman or other Person for whose Life any such Estate is holden that then and in such Case such Person or Persons are 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 Minor Married Woman or other Person for whose Life any such Estate is holden 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 Infant Married Woman or other Person for whose Life any such Estate is holden to enter upon such Lands Tenements and Hereditaments as if such Infant Married Woman or other Person for whose Life any such Estate is holden were actually dead
III
If it appear afterwards in any Action to be brought that such Tenant for Life was alive at the Time of the Order made, then he or she may re-enter, and have Action for Rent, &c.
Provided always That if it shall afterwards appear upon Proof in any Action to be brought that such Infant Married Woman or other Person for whose Life any such Estate is holden were alive at the Time of such Order made that then it shall be lawful for such Infant Married Woman 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 Infant Married Woman or other 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 Infant Married Woman or other Person having any Estate or Interest determinable upon such Life were ousted of the Possession of such Lands Tenements or Hereditaments
IV
Proviso for Guardian, &c. who shall make it appear that due Endeavour has been used to procure the Appearance of such Infant and Tenant for Life.
X4provided always That if any such Guardian Trustee Husband or other Person or Persons holding or having any Estate or Interest determinable upon the Life or Lives of any other Person or Persons shall by Affidavit or otherwise to the Satisfaction of the said Court of Chancery make appear that he she or they have used his her or their utmost Endeavours to procure such Infant Married Woman or other Person or Persons on whose Life or Lives such Estate or Interest doth depend to appear in the said Court of Chancery or elsewhere according to the Order of the said Court in that Behalf made and that he she or they cannot procure or compel such Infant Married Woman or other Person or Persons so to appear and that such Infant Married Woman or other Person or Persons on whose Life or Lives such Estate or Interest doth depend is are or were Living at the Time of such Return made and filed as aforesaid then it shall be lawful for such Person or Persons to continue in the Possession of such Estate and receive the Rents and Profits thereof for and during the Infancy of such Infant and the Life or Lives of such Married Woman or other Person or Persons on whose Life or Lives such Estate or Interest doth or shall depend as fully as he she or they might have done if this Act had not been made
V
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 Husband seised in Right of his Wife only and every other Person having any Estate determinable upon any Life or Lives who after the Determination of such particular Estates or Interests without the express Consent of him her or them 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 Manors Messuages 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 or Persons so holding over as aforesaid and against his her or their Executors or Administrators the full Value of the Profits received during such Wrongful Possession as aforesaid.
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Cestui Que Vie Act 1666
https://www.legislation.gov.uk/aep/Cha2/18-19/11
1666 CHAPTER 11 18 and 19 Cha 2
An Act for Redresse of Inconveniencies by want of Proofe of the Deceases of Persons beyond the Seas or absenting themselves, upon whose Lives Estates doe depend.
X1Recital that Cestui que vies have gone beyond Sea, and that Reversioners cannot find out whether they are alive or dead.
Whereas diverse Lords of Mannours and others have granted Estates by Lease for one or more life or lives, or else for yeares determinable upon one or more life or lives And it hath often happened that such person or persons for whose life or lives such Estates have beene granted have gone beyond the Seas or soe absented themselves for many yeares that the Lessors and Reversioners cannot finde out whether such person or persons be alive or dead by reason whereof such Lessors and Reversioners have beene held out of possession of their Tenements for many yeares after all the lives upon which such Estates depend are dead in regard that the Lessors and Reversioners when they have brought Actions for the recovery of their Tenements have beene putt upon it to prove the death of their Tennants when it is almost impossible for them to discover the same, For remedy of which mischeife soe frequently happening to such Lessors or Reversioners.
[I.] Cestui que vie remaining beyond Sea for Seven Years together and no Proof of their Lives, Judge in Action to direct a Verdict as though Cestui que vie were dead.
If such person or persons for whose life or lives such Estates have beene or shall be granted as aforesaid shall remaine beyond the Seas or elsewhere absent themselves in this Realme by the space of seaven yeares together and noe sufficient and evident proofe be made of the lives of such person or persons respectively in any Action commenced for recovery of such Tenements by the Lessors or Reversioners in every such case the person or persons upon whose life or lives such Estate depended shall be accounted as naturally dead, And in every Action brought for the recovery of the said Tenements by the Lessors or Reversioners their Heires or Assignes, the Judges before whom such Action shall be brought shall direct the Jury to give their Verdict as if the person soe remaining beyond the Seas or otherwise absenting himselfe were dead.
II. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
III. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
IV If the supposed dead Man prove to be alive, then the Title is revested. Action for mean Profits with Interest.
[X2Provided alwayes That if any person or [X3person or] persons shall be evicted out of any Lands or Tenements by vertue of this Act, and afterwards if such person or persons upon whose life or lives such Estate or Estates depend shall returne againe from beyond the Seas, or shall on proofe in any Action to be brought for recovery of the same [X3to] be made appeare to be liveing; or to have beene liveing at the time of the Eviction That then and from thenceforth the Tennant or Lessee who was outed of the same his or their Executors Administrators or Assignes shall or may reenter repossesse have hold and enjoy the said Lands or Tenements in his or their former Estate for and dureing the Life or Lives or soe long terme as the said person or persons upon whose Life or Lives the said Estate or Estates depend shall be liveing, and alsoe shall upon Action or Actions to be brought by him or them against the Lessors Reversioners or Tennants in possession or other persons respectively which since the time of the said Eviction received the Proffitts of the said Lands or Tenements recover for damages the full Proffitts of the said Lands or Tenements respectively with lawfull Interest for and from the time that he or they were outed of the said Lands or Tenements, and kepte or held out of the same by the said Lessors Reversioners Tennants or other persons who after the said Eviction received the Proffitts of the said Lands or Tenements or any of them respectively as well in the case when the said person or persons upon whose Life or Lives such Estate or Estates did depend are or shall be dead at the time of bringing of the said Action or Actions as if the said person or persons where then liveing.]