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law
LAW, ARBITRARY. An arbitrary law is one made by the legislator simply
because he wills it, and is not founded in the nature of things; such law,
for example, as the tariff law, which may be high or low. This term is used
in opposition to immutable.
legal
LEGAL. That which is according to law. It is used in opposition to
equitable, as the legal estate is, in the trustee, the equitable estate in
the cestui que trust. Vide Powell on Mortg. Index, h.t.
2. 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.
3. 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.
4. When the trustee 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
T. R. 332; 1 Saund. 158, n. 1; 2 Bing. 20; still less can he in such court
sue his own trustee. 1 East, 497.
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