abeyance


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Abeyance

A lapse in succession during which there is no person in whom title is vested. In the law of estates, the condition of a freehold when there is no person in whom it is vested. In such cases the freehold has been said to be in nubibus (in the clouds), in pendenti (in suspension), and in gremio legis (in the bosom of the law). Where there is a tenant of the freehold, the remainder or reversion in fee may exist for a time without any particular owner, in which case it is said to be in abeyance. A condition of being undetermined or in state of suspension or inactivity. In regard to sales to third parties of property acquired by county at Tax Sale, being held in abeyance means that certain rights or conditions are in expectancy.

For example, until an order of foreclosure is granted by a court, a mortgagee does not have title to the property of a delinquent debtor that is the subject of a mortgage in those jurisdictions that follow the lien theory of mortgages.

abeyance

1) n. when the ownership of property has not been determined. Examples include title to real property in the estate of a person who has died and there is no obvious party to receive title or there appears to be no legal owner of the property, a shipwreck while it is being determined who has the right to salvage the ship and its cargo, or a bankrupt person's property before the bankruptcy court has decided what property is available to creditors or alleged heirs. 2) legal jargon for "undetermined."

abeyance

noun arrest, cessation, check, deadlock, delay, desistance, discontinuance, discontinuation, halt, immobility, in dubio esse, inaction, inactivity, inertion, inertness, interim, interlude, intermission, interregnum, interruption, interval, lapse, quiescency, recess, recumbency, rem integram relinquere, repose, respite, rest, stalemate, stay, stillness, stoppage, suspension
Associated concepts: contingency, escrow, fee held in abeyance, held in abeyance, in expectation
See also: bar, cessation, check, cloture, desuetude, discontinuance, extension, halt, hiatus, inaction, interruption, interval, moratorium, nonuse, pause, pendency, respite, stay

abeyance

suspended. An indeterminate state of ownership, as when the person entitled to an estate has not been ascertained.

ABEYANCE, estates, from the French aboyer, which in figurative sense means to expect, to look for, to desire. When there is no person in esse in whom the freehold is vested, it is said to be in abeyance, that is, in expectation, remembrance and contemplation.
     2. The law requires, however, that the freehold should never, if possible, be in abeyance. Where there is a tenant of the freehold, the remainder or reversion in fee may exist for a time without any particular owner, in which case it is said to be in abeyance. 9 Serg. & R.. 367; 8 Plowd. 29 a. b 35 a.
     3. Thus, if sn estate be limited to A for life, remainder to the right heirs of B, the fee simple is in abeyance during the life of B, because it is a maxim of law, that nemo est hoeres viventis. 2 Bl. Com. 107; 1 Cruise, 67-70; 1 Inst. 842, Merlin, Repertoire, mot Abeyance; 1 Com. Dig. 176; 1 Vin. Abr. 101.
     4. Another example may be given in the case of a corporation. When a charter is given, and the charter grants franchises or property to a corporation which is to be brought into existence by some future acts of the corporators, such franchises or property are in abeyance until such acts shall be done, and when the corporation is thereby brought into life, the franchises instantaneously attach. 4 Wheat. 691. See, generally, 2 Mass. 500; 7 Mass. 445; 10 Mass. 93; 15 Mass. 464; 9 Cranch, 47. 293; 5 Mass. 555.

References in periodicals archive ?
Second, Musharraf in his capacity as Commander-in-Chief of Pakistan Army, by adopting unconstitutional means, abrogated, subverted / suspended/held in abeyance the constitution by issuing the Proclamation, hence committing the offence of high treason as defined in Article 6 of the constitution.
The planning committee is being recommended to allow the AH provision to be placed in abeyance for three years.
Article 6 of the constitution says any person who abrogates, subverts, suspends or holds in abeyance the constitution of Pakistan by use of force or any other unconstitutional means shall be guilty of high treason, an offence punishable by death or life imprisonment.
Attached are the abatement and abeyance motions sent to City Council members on Wed.
Some of the flights cancelled on June 9, eight days after a Chilean volcano started erupting , has still been held in abeyance due to ash cloud created by the volcanic eruption.
A Uwic spokeswoman said: "With the news that the Uwic board of governors have agreed that there is a prima facie case for Uwic to become part of a new University of Wales, and that it is envisaged that Uwic will become the University of Wales in Cardiff, still known as Uwic, the application to the Privy Council for change of name to Cardiff Metropolitan University has been put in abeyance.
The Parliament has since approved 11 resignations, leaving the remaining seven in abeyance for two months.
Schweitzer, who said he would hold the suit in abeyance until the Legislature adjourns next year to give them time to address the parts of the bill he claims are unconstitutional, now wants to take the matter straight to the Supreme Court.
yESTERDAy'S SOLUTIONS: APED GLAD EFT CAME R I CA TUN TR I P ABUNDANT STREWN TEA NAIVE UIST ERUD I TE BOOR AYR TERSE WOO TASS VERDANT SNAP SERGE EYE POCHLE ABEYANCE RA I D LEE NOON ELSE PAL GROT ELAN WEETHINKER: Across: 1 Spit; 4 diner; 7 Knave; 8 delve; 9 Scrap; 10 Long player; 14 Nutmeg; 16 athens; 17 dry martini; 22 Truth; 23 Cocoa; 25 ounce; 26 Tibet; 27 once.
If the coalition Government were holding the work in abeyance so that our finances could be brought into balance I would understand what was happening, but what I see from the Education Secretary is vandalism with the claim that it was necessary on account of a profligate previous Labour administration.
The routine bites hard, ooze / a rapt factory heir teething / sway, ye olde time cleaners / spun off a granted project / of abeyance in the deep / trim that art savors, bent- / like, creaming dabbles.
Sometimes the disputes are not resolved at all and are conveniently left in abeyance.