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ABEYANCE (O. Fr. abeance, " gaping")

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Originally appearing in Volume V01, Page 61 of the 1911 Encyclopedia Britannica.
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ABEYANCE (O. Fr. abeance, " gaping")  , a See also:state of expectancy in respect of See also:property, titles or See also:office, when the right to them is not vested in any one See also:person, but awaits the See also:appearance or determination of the true owner . In See also:law, the See also:term See also:abeyance can only be applied to such future estates as have not yet vested or possibly may not vest . For example, an See also:estate is granted to A for See also:life, with See also:remainder to the See also:heir of B, the latter being alive; the remainder is then said to be in abeyance, for until the See also:death of B it is uncertain who his heir is . Similarly the See also:freehold of a See also:benefice, on the death of the See also:incumbent, is said to be in abeyance until the next incumbent takes See also:possession . The most See also:common use of the term is in the See also:case of See also:peerage dignities . If a peerage which passes to heirs-See also:general, like the See also:ancient baronies by See also:writ, is held by a See also:man whose heir-at-law is neither a male, nor a woman who is an only See also:child, it goes into abeyance on his death between two or more sisters or their heirs, and is held by no one till the abeyance is terminated; if eventually only one person represents the claims of all the sisters, he or she can claim the termination of the abeyance as a See also:matter of right . The See also:crown can also See also:call the peerage out of abeyance at any moment, on See also:petition, in favour of any one of the sisters or their heirs between whom it is in abeyance . The question whether ancient earldoms created in favour of a man and his " heirs " go into abeyance like baronies by writ has been raised by the claim to the earldom of See also:Norfolk created in 1312, discussed before the See also:Committee for Privileges in 1906 . It is common, but incorrect, to speak of peerage dignities which are dormant (i.e. unclaimed) as being in abeyance . (J . H .

End of Article: ABEYANCE (O. Fr. abeance, " gaping")
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