Search over 40,000 articles from the original, classic Encyclopedia Britannica, 11th Edition.
|
See also: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 . |
|
|
[back] ABETTOR (from " to abet," O. Fr. abeter, d and bete... |
[next] ABGAR |
There are no comments yet for this article.
Do not copy, download, transfer, or otherwise replicate the site content in whole or in part.
Links to articles and home page are encouraged.