Abeyance - Law Dictionary Search Results
Home Dictionary Name: abeyanceAbeyance, or Abbayance
Abeyance, or Abbayance [fr. abayer, Fr., to expect, to look at anything with open mouth], in expectation, remembrance, and contemplation of law. The word abeyance has been compared to what the civilians call hereditas jacens; for, as the civilians say land and goods jacent, so the common lawyers say that things in a similar condition are in abeyance, as the logicians term it in posse or in understanding. Thus in the case of a parson, who has an estate for life only, the fee simple of his glebe is in abeyance; and when the parsonage is void, the freehold, until a successor be appointed, is in abeyance, 2. Bl. Com. 107. Commonly used as meaning having no present owner, e.g., a peerage is said to be 'in abeyance' when there is no holder thereof....
abeyance
abeyance [Middle French abeance expectation (of a title or claimant), from abaer to expect, from a-, prefix stressing result + baer to gape, aim at] 1 : a lapse in the succession of property during which there is no person in whom title to the property is vested usually used with in [the estate was in ] 2 : temporary inactivity or suppression : cessation or suspension for a period of time usually used with in or into [to hold the entry of summary judgment in "J. H. Friedenthal et al."] ...
Abeyance
Abeyance, means temporary inactivity; suspension, Black Law Dictionary, 7th Edn., p. 4....
Shelley's case, Rule in
Shelley's case, Rule in. intimately connected with the quantity of estate which a tenant may hold in realty, is the antique feudal doctrine generally known as the rule in Shelley's Case, which is reported by Lord Coke in 1 Rep. 93 b (23 Eliz.in C.B.), and elaborately examined by Lord Macnaghten in Van Grutten v. Foxwell, 1897 AC 658.The rule has been abolished by the (English) Law of Property Act, 1925, s. 131, in the construction of all instruments coming into operation after 1925; but the rule governs the construction of all instruments which have come into operation before the 1st January, 1926.The rule may be described thus: Where a life free-hold, either legal or equitable in realty (whether of freehold or copyhold tenure), is limited by any assurance to a person, and by the same assurance the inheritance of the same quality, i.e., either legal or equitable, is limited by way of remainder (with or without the interposition of any other estate) to his heirs or the heirs of his body...
Dormancy
The state of being dormant quiescence abeyance...
Bargain and sale
Bargain and sale, A contract for the sale of real or personal property of any kind operating under the Statute of Uses as a conveyance of the land, or at Common Law, from early times of goods sold without delivery, the vendor of land being held originally to possess or be seised of the property to the use of the purchaser. In the case of goods the Common Law rule was and is that the property may be transferred by the contract if the parties so intend [see Ogg v. Shuter, (1875) LR 10 CP at p.162; and (English) Sale of Goods Act, 1893, s. 20]. In the case of land a similar result was effected by the Statute of Uses (27 Hen. 8, c. 101), which attached the property to the use and turned it into a legal estate. No formalities were required for a bargain and sale of lands until 27 Hen. 8, c. 16, required that bargains and sales of any estate of inheritance must be by deed enrolled within six months in the records of one of the King's Courts at Westminster. The devise of a lease and release (...
Dormant claim
Dormant claim, a claim in abeyance....
Inspector-General of the Forces
Inspector-General of the Forces. An officer origin-ally appointed in 1904, whose duty it is to inspect the Army and report upon its efficiency to the Army Council. The office is now in abeyance....
Jacens
Jacens, lying in abeyance...
Peerage
Peerage, the dignity of the lords, or peers of the realm. Where, on the death of a peer, doubts arise respecting the devolution of his dignity, and in all cases of long abeyance or other non-enjoyment of a peerage, the Lord Chancellor will not issue his writ of summons to a claimant without a previous investigation of his title, in order to which the claimant must present a petition to the Crown through the Home Secretary, which the Crown then refers to the Attorney-General, and in most cases the claim is subsequently referred to the Lords Committee for Privileges. For the practice and procedure in peerage claims, see Hubback on Succession, p. 84; Shrewsbury Peerage,(1857) 7 HLC 1; Palmer's Peerage Law in England. In modern practice the creation of a peerage must be shown to have taken place either by writ, or by letters patent; the latter mode of creation was introduced in the eleventh year of Ric. 2. If the claim is by writ, actually sitting in Parliament is also essential, for until...
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