abeyance


Also found in: Dictionary, Thesaurus, Medical, Financial, Idioms, Encyclopedia, Wikipedia.

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 ?
It is for these reasons that generally the courts have held the civil action in abeyance while the criminal prosecution goes forth.
Is it really true that civil liberties were an abeyance in 1867?
2 million held in abeyance and excluded from revenue.
Zafar appearing at a local TV channels had more than once remarked: \"Suspension or keeping the constitution in abeyance was not an offence in November 3, 2007, as it was added to the article 6 in the 18th amendment\".
The rift between Federal Board of Revenue (FBR) and Federal Investigation Agency (FIA) over sharing of information of the taxpayers involved in the multi-million fake refunds scam has put the latter's investigation into abeyance, it was learnt on Friday.
The government has charged Musharraf with abrogating, subverting, suspending, holding in abeyance and attempting to conspire against the 1973 Constitution by declaring emergency and overthrowing superior judiciary in November 2007.
A UPSC- sponsored notification making English compulsory in the civil services examination came under fire from members of the Lok Sabha cutting across party lines on Friday, forcing the government to keep it in abeyance.
The decision has been kept in abeyance, as a capital infusion from the government is uncertain.
Another case has been kept in abeyance due to lack of evidence because the vehicle owner was abroad at the time when the violation was recorded.
Any court would reject such an excuse for murder, based on an alleged by-law so old as to have fallen into abeyance.
While the inquiry is not live the panel is, in effect, in abeyance.
BECAUSE of 9/11, the twinning of New York/Liverpool was held in abeyance.