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 ?
Musharraf will be the first military ruler to stand trial for high treason, and in case of conviction, he could be awarded life imprisonment or even death penalty private complaint under Article 6 of the constitution and other relevant laws against the former President for subverting, abrogating, suspending, and holding in abeyance the constitution.
But the ministry conveyed to UNESCO in August to keep the award in abeyance.
The court granted the prosecution's motion and ordered that the proceedings in Misuari's case be held in abeyance until the prosecution has complied with the preliminary investigation.
'So I would recommend to Senator Gordon, I'd ask him if it (hearing) can be held in abeyance...Gusto ko kasi nandito yung WHO official because they would be experts on this field,' Ejercito added.
Ridicule, contra Devade's assumption, does in fact kill and, if the corpse of Supports/Surfaces must be exhumed, it is better to let its texts remain in abeyance, if only for a while.
"As of 7 this morning, I read a text instructing me to hold in abeyance announcement of who it is that the President will sack next," Roque said during a Palace news conference.
It cited as example the committee's decision last week to hold the case in abeyance.
suspends or holds in abeyance or attempts or conspires to abrogate or subvert or suspend or hold in abeyance,the constitution by use of force or show of force or by other unconstitutional means shall be guilty of high treason".
Expressing mistrust over the Chief Justice of Pakistan, the former army chief requested the apex court to constitute the full court minus CJP Iftikhar Muhammad Chaudhry to hear five identical petitions against him for subverting the constitution and holding it in abeyance, reports the Daily Times.
After discussing the matter in detail, the Prime Minister directed that the process of auction be held in abeyance and that the Cabinet Secretary submit a detailed report within three days covering all aspects of the said auction.
Surfaces are grungy, color almost totally held in abeyance. Pleasure - and it is there - is afforded solely by the structural ploy effected: How little information do we need to read this abstract system as a guitar?
At the Palace news conference, Roque said he read a text from the President at 7 a.m., "instructing me to hold in abeyance announcement of who it is that the President will sack next."