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[Anglo-Norman, variant of Old French abeance, desire, from abaer, to gape at : a-, at (from Latin ad-; see ad–) + baer, to gape; see bay2.]
abeyant a·bey'ant adj.Indefinite legal status of real estate title when lawful ownership is in question and being determined.
noun
Definition: state of being inactive or suspended temporarily
Antonyms: action, activity, continuance, continuation, operation, renewal, revival
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 con- dition of being undetermined or in state of sus- pension 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.
The plans are held in abeyance.
Abeyance (from the Old French abeance meaning "gaping"), a state of expectancy in respect of property, titles or
office, when the right to them is not vested in any one person, but awaits the appearance or
determination of the true owner. In law, the term abeyance can only be applied to such future estates as have not yet vested or
possibly may not vest. For example, an estate is granted to A for life, with remainder
to the heir of B. During B's lifetime, the remainder is in abeyance, for until the death of B it is uncertain who his heir is.
Similarly the
The most common use of the term is in the case of English peerage dignities. Most such peerages pass to heirs-male, but the ancient baronies created by writ, as well as some very old earldoms, pass instead to heirs-general, also known as male primogeniture. In this system, sons are preferred from eldest to youngest, the heirs of a son over the next son, and any son over daughters, but there is no preference among daughters: they or their heirs inherit equally. "Finally, women create abeyance support by standing in for male racist leaders when they die or are in prison" (Blee, Kathleen).
If the daughter is an only child or her sisters are deceased and have no living issue, she (or her heir) is vested with the title; otherwise, since a peerage cannot be shared nor divided, the dignity goes into abeyance between the sisters or their heirs, and is held by no one. If through lack of issue, marriage or both, eventually only one person represents the claims of all the sisters, he or she can claim the dignity as a matter of right, and the abeyance is said to be terminated. On the other hand, the number of prospective heirs can grow quite large, since each share potentially can be divided between daughters.
A co-heir may petition the Crown for a termination of the abeyance. The Crown may choose to grant the petition, but if there is any doubt whatsoever as to the pedigree of the petitioner, the claim is normally referred to the Committee for Privileges. If the claim is unopposed, the Committee will generally award the claim, unless there is evidence of collusion, the peerage has been in abeyance for more than a century, or if the petitioner holds less than one-third of the claim.
It is entirely possible for a peerage to remain in abeyance for centuries. For example, the Barony of Grey of Codnor was in abeyance for over 490 years between 1496 and 1989, and the Barony of Hastings was similarly in abeyance for over 299 years from 1542 to 1841. Some other baronies became abeyant in the thirteenth century, and the abeyance has yet to be terminated. The only titles other than a barony that have yet gone into abeyance are the earldom of Arlington and the viscountcy of Thetford, which are united.
Titles in the Peerage of Scotland cannot go into abeyance. In Scotland, the eldest sister is preferred over younger sisters; sisters are not considered equal coheirs.
It is common, but incorrect, to speak of peerage dignities which are dormant (i.e. unclaimed) as being in abeyance.
This entry is from Wikipedia, the leading user-contributed encyclopedia. It may not have been reviewed by professional editors (see full disclaimer)
Dansk (Danish)
n. - uafgjort tilstand, suspendering
idioms:
Nederlands (Dutch)
opschorting, toestand van onzekerheid, het tijdelijk zonder eigenaar zijn
Français (French)
n. - pas en vigueur, en suspens, en désuétude
idioms:
Deutsch (German)
n. - (jur.) Schwebe
idioms:
Ελληνική (Greek)
n. - εκκρεμότητα, αχρηστία, (προσωρινή) αναβολή
idioms:
Italiano (Italian)
sospensione
idioms:
Português (Portuguese)
n. - pendência (f), suspensão (f), inatividade (f) temporária
idioms:
Русский (Russian)
состояние временного отмена
idioms:
Español (Spanish)
n. - suspensión, (der) herencia yacente
idioms:
Svenska (Swedish)
n. - ngt som trätt ur kraft
中文（简体） (Chinese (Simplified))
中止, 归属待定, 暂搁
idioms:
中文（繁體） (Chinese (Traditional))
n. - 中止, 歸屬待定, 暫擱
idioms:
한국어 (Korean)
n. - 중지, (재산의)귀속자 미정
idioms:
日本語 (Japanese)
n. - 中止, 停止, 保留
idioms:
العربيه (Arabic)
(الاسم) تعطيل مؤقت, توقيف مؤقت عن العمل
עברית (Hebrew)
n. - דחייה, השעייה, חוסר-תקפות, אי-הפעלה
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 | Dictionary. The American Heritage® Dictionary of the English Language, Fourth Edition Copyright © 2007, 2000 by Houghton Mifflin Company. Updated in 2007. Published by Houghton Mifflin Company. All rights reserved. Read more |
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| Wikipedia. This article is licensed under the GNU Free Documentation License. It uses material from the Wikipedia article "Abeyance". Read more |
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