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Encyclopedia > 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, the latter being alive; the remainder is then said to be in abeyance, for until the death of B it is uncertain who his heir is. Similarly the freehold of a benefice, on the death of the incumbent, is said to be in abeyance until the next incumbent takes possession. Fee simple, also known as fee simple absolute or allodial, is a term of art in common law. ... Originally a benefice was a gift of land for life as a reward (Latin beneficium, means to do well) for services rendered. ...


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 pass instead to heirs-general, and some very old earldoms were created with a remainder to "heirs". Nevertheless, the only titles other than a barony that have gone into abeyance are the earldom of Arlington and the viscountcy of Thetford (which is united with the earldom; for further details, see Baron Arlington). If such a peerage is held by a man whose heir-at-law is neither a male, nor a woman who is an only child, on his death it goes into abeyance 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 matter of right. The Peerage is a system of titles of nobility which exists in the United Kingdom and is one part of the British honours system. ... An order of succession is a formula or algorithm that determines who inherits an office upon the death, resignation, or removal of its current occupant. ... Various rulers or governments of Europe, of Japan bestow or recognise the title of baron. ... Listen to this article · (info) This audio file was created from the revision dated 2005-06-08, and does not reflect subsequent edits to the article. ... An order of succession is a formula or algorithm that determines who inherits an office upon the death, resignation, or removal of its current occupant. ... An Earl as a member of the British peerage ranks below a Marquess and above a Viscount. ... Baron Arlington is a title in the Peerage of England. ...


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 15421841. Some other baronies became abeyant in the thirteenth century, and the abeyance has yet to be terminated. The title Baron Grey, of Codnor in the County of Derby, is an old one in the Peerage of England. ... 1496 was a leap year starting on Wednesday (see link for calendar) of the Gregorian calendar. ... 1989 (MCMLXXXIX) is a common year starting on Sunday of the Gregorian calendar. ... The title Baron Hastings is an ancient one in the Peerage of England. ... Events War resumes between Francis I of France and Emperor Charles V. This time Henry VIII of England is allied to the Emperor, while James V of Scotland and Sultan Suleiman I are allied to the French. ... take you to calendar). ...


The crown can call the peerage out of abeyance on petition, in favour of any one of the sisters or their heirs between whom it is in abeyance.


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. The Peerage of Scotland is the division of the British Peerage for those peers created in the Kingdom of Scotland before 1707. ...


It is common, but incorrect, to speak of peerage dignities which are dormant (i.e. unclaimed) as being in abeyance.


References

  • This article incorporates text from the 1911 Encyclopædia Britannica, a publication in the public domain.

  Results from FactBites:
 
Abeyance - Wikipedia, the free encyclopedia (396 words)
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.
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 1542–1841.
The crown can call the peerage out of abeyance on petition, in favour of any one of the sisters or their heirs between whom it is in abeyance.
Abeyance (326 words)
If such a peerage is held by a man whose heir-at-law is neither a male, nor a woman who is an only child, on his death it goes into abeyance between two or more sisters or their heirs, and is held by no one till the abeyance is terminated.
The crown can also call the peerage out of abeyance at any moment, on 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 Norfolk created in 1312, discussed before the Committee for Privileges in 1906.
  More results at FactBites »


 

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