Abeyance
Abeyance (from the old French abeance = gap) means in the Anglo-American legal system a temporary uncertainty about the legal succession .
Property law
In real estate law , abeyance describes the legal status in which a property is located without an owner ( freehold ), for example before a property inheritance can be determined after the death of the owner or while there is an entitlement to purchase such a property.
Nobility law
In English nobility law , abeyance describes the limbo into which a barony by writ falls when the deceased title holder does not leave a male heir, but has several daughters.
In this case, the barony is not extinguished, unlike in the case of baronies created by letters of nobility ( by letters patent ), but is in a state in which there is no title holder, but several entitlements to the title exist.
At baronies by writ , all female descendants of the deceased title holder are entitled to inheritance on an equal footing (to the whole hand). But since only one person is allowed to bear the title, none of the heirs with equal rights can claim the title for themselves, and neither does the eldest daughter inherit the title (as in male succession); He therefore falls into a state of limbo among all daughters who are fundamentally entitled to inheritance, the so-called Abeyance. An Abeyance generally ends only when there is only one heiress.
However, there is also the possibility that one or more of the heiresses or one or more of the descendants from one of the hereditary lines may submit a request to the crown to grant him / her the title. In this case, the so-called Committee for Privileges and Conduct of the House of Lords investigates whether the petitioner (s) belong to the legitimate descendants of the last title holder. If it determines that the petitioner (s) is / are the descendants of the last title holder entitled to inheritance, the Committee for Privileges prepares a report to the crown, at whose discretion it is up to whether it restitutes the barony for the petitioner ( call out of abeyance ).
Since there is no time limit for restoration petitions, many of the titles that have fallen into abeyance remain in this limbo for a very long time, possibly centuries. An example of a particularly long abeyance is the Barony Cromwell : It was an abeyant from 1497 to 1923.
Individual evidence
- ↑ Abeyance The free Dictionary by Farlex
- ^ Peerages in Abeyance Order of the day read for the consideration of the Report of the Select Committee. millbanksystems.com, accessed January 3, 2016.