Abate - Law Dictionary Search Results
Home Dictionary Name: abateAbatement
Abatement, a making less:-(1) Abatement of Freehold.-The title of a real action which has been abolished. This takes place where a person dies seised of an inheritance, and before the heir or devisee enters, a stranger, having no right, makes a wrongful entry and gets possession of it. Such an entry is technically called an abatement, and the stranger an abater. It is, in fact, a figurative expression, denoting that the rightful possession or freehold of the heir or devisee is overthrown by the unlawful intervention of a stranger. Abatement differs from intrusion, in that it is always to the prejudice of the heir or immediate devisee, whereas the latter is to the prejudice of the reversioner or remainder man: and disseisin differs from them both, for to disseise is to put forcibly or fraudulently a person seised of the freehold out of possession, Co. Litt. 277a.(2) Abatement of Nuisances.-A remedy allowed by law to a person injured by a nuisance to remove or put an end to it by his own...
abate
abate abat·ed abat·ing [Old French abattre, literally, to knock down, from a-, prefix stressing result + battre to beat] vt 1 a : to put an end to or do away with [ a nuisance] b : make void : nullify [ an action] 2 : to reduce in amount esp. proportionately [ a tax] vi 1 : to become defeated or become null or void [when a public officer is a party to an appeal…in an official capacity and during its pendency dies…the action does not "Federal Rules of Appellate Procedure Rule 43"] 2 : to decrease in amount or value [the legacies abated proportionately] NOTE: A problem arises in estate law when the amount of the bequests and devises made in a will exceeds the assets available in the estate. In such a case, some or all of the bequests and devises may have to be abated to make up the deficit. Under the Uniform Probate Code, property in the estate that is not specifically given under the will abates first, residuary devises abate second, general devises abate...
abatement
abatement 1 : the act or process of abating or the state of being abated [challenged the of her bequest] [ of a private nuisance by self-help "W. L. Prosser and W. P. Keeton"] 2 : an amount abated : deduction ;esp : a deduction from the full amount of a tax in abatement : subject to termination because of a formal or procedural defect [there shall be no reversal in the Supreme Court…for error in ruling upon matters in abatement "U.S. Code"] ...
Abator, or Abater
Abator, or Abater, one who abates a nuisance or enters into a house or land vacant by the death of the former possessor, and not yet taken possession of by his heir or devisee, Cowel. Also an agent or cause by which an abatement is procured....
Abate
Abate [fr. Abbattre, Fr.], to prostrate, break down, remove, or destroy; also to let down or cheapen the price in buying or selling, Encyc. Londin. See ABATEMENT....
plea in abatement
plea in abatement see plea ...
plea of abatement
plea of abatement see plea ...
Abatable nuisance
Abatable nuisance, means a nuisance so easily removable that the aggrieved party may lawfully cure the problem without notice to the liable party, such as overhanging tree branches, Black Law Dictionary, 7th Edn., p. 1094....
Abatamentum, Abatement
Abatamentum, Abatement, an entry by interposition, Co. Litt. 277....
Abatement clause
Abatement clause, A lease provision that released to tenant from the rent obligation when an act of God precludes occupancy, Black Law Dictionary, 7th Edn. p. 2...
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