Trust shall be pass by descent to the heir of the cestui que trust subject to charges for the oblation of the decedent, but the heir shall not become chargeable of his own estate for the obligations of the decedent.
12.
It obviously is, or may be, impossible to demonstrate how far in any particular case the terms of such a contract have been the best for the interest of the " cestui que trust ", which it was possible to obtain.
13.
Thus, it has been held that a " cestui que trust " has a'proprietary right'to seek all documents relating to the trust : see " O'Rourke v Darbishire " ( at 601, 603 ).
14.
Such rights may be sufficient; but they are not necessary to a right of access which the courts will enforce to uphold the cestui que trust's entitlement to a reasonable assurance of the manifest integrity of the administration of the trust by the trustees.
15.
The authorities show that property acquired by a trustee innocently but in breach of trust and the property from time to time representing the same belong in equity to the " cestui que trust " and not to the trustee personally whether he is solvent or insolvent.
16.
Property acquired by a trustee as a result of a criminal breach of trust and the property from time to time representing the same must also belong in equity to his " cestui que trust " and not to the trustee whether he is solvent or insolvent.
17.
A fortiori if a trustee commits a crime by accepting a bribe which he ought to pay over to his " cestui que trust ", the bribe and any profit made therefrom should be withdrawn from the unsecured creditors as soon as the crime is discovered.
18.
If a trustee mistakenly invests moneys which he ought to pay over to his " cestui que trust " and then becomes bankrupt, the moneys together with any profit which has accrued from the investment are withdrawn from the unsecured creditors as soon as the mistake is discovered.
19.
In medieval English trust law, the settlor was known as the " feoffor to uses " while the trustee was known as the " feoffee to uses " and the beneficiary was known as the " cestui que use ", or " cestui que trust ".
20.
It is analogous to the indemnity to which a trustee is entitled from his cestui que trust who is sui juris : see " Hardoon v Belilios " [ 1901 ] AC 118 and " In re Richardson, Ex parte Governors of St . Thomas's Hospital " [ 1911 ] 2 KB 705.
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