Dictionary Definition
User Contributed Dictionary
English
Adjective
- Being in a state of abeyance.
Extensive Definition
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 freehold
of a benefice, on the
death of the incumbent, is said to be in abeyance until the next
incumbent takes possession.
Peerage law
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.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.
References
- Cokayne, George Edward. The Complete Peerage. ISBN 0-904387-82-8 and ISBN 0-7509-0154-3.