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ESCHEAT (O. Fr. esthete, from escheoi...

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Originally appearing in Volume V09, Page 764 of the 1911 Encyclopedia Britannica.
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ESCHEAT (O. Fr. esthete, from escheoir, to fall to one's See also:share; See also:Lat. excidere, to fall out)  , in See also:English See also:law, the reversion of lands to the next See also:lord on the failure of heirs of the See also:tenant . " When the tenant of an See also:estate in See also:fee See also:simple See also:dies without having alienated his estate in his lifetime or by his will, and without leaving any heirs either lineal or See also:collateral, the lands in which he held his estate See also:escheat, as it is called, to the lord of whom he held them " (See also:Williams on the Law of Real See also:Property) . This See also:rule is explained by the conception of a See also:freehold estate as an See also:interest in lands held by the freeholder from some lord, the See also:king being lord See also:paramount . (See ESTATE.) The granter retains an interest in the See also:land similar to that of the donor of an estate for See also:life, to whom the land reverts after the life estate is ended . As there are now few freehold estates traceable to any See also:mesne or intermediate lord, escheats, when they do occur, fall to the king as lord paramount . Besides escheat for defect of heirs, there was formerly also escheat propter delictum tenentis, or by the corruption of the See also:blood of the tenant through See also:attainder consequent on conviction and See also:sentence for See also:treason or See also:felony . The blood of the tenant becoming corrupt by attainder was decreed no longer inheritable, and the effect was the same as if the tenant had died without heirs . The land, therefore, escheated to the next See also:heir, subject' to the See also:superior right of the See also:crown to the See also:forfeiture of the lands,—in the See also:case of treason for ever, in the case of felony for a See also:year and a See also:day . All this was abolished by the Felony See also:Act 1870, which provided for the See also:appointment of an See also:administrator to the property of the convict . Escheat is also an incident of See also:copyhold See also:tenure . See also:Trust estates were not subject to escheat until the Intestates' Estates Act 1884, but now by that act the law of escheat applies in the same manner as if the estate or interest were a legal estate in corporeal hereditaments .

End of Article: ESCHEAT (O. Fr. esthete, from escheoir, to fall to one's share; Lat. excidere, to fall out)
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JOHANN JOACHIM ESCHENBURG (1743–1820)

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