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Definition of ABEYANCE

In the law of estates. Expectation; waiting; suspense; remembrance and contemplation in law. where there ls no person ln existence in whom an inherit* ance can vest, it is said to be in abeyance, that is, in expectation; the law considering lt as always potentially existing, and ready to vest whenever a proper owner appears. 2 BI. Comm. 107. or, in other words, it is said to be ln the remembrance, consideration, and Intendment of the law. Co. Litt. $$ 646, 650. The term “abeyance” is also sometimes applied to personal property. Thus, in the case of maritime captures during war, it is said that, until the capture becomes invested with the character of prize by a sentence of condemnation, the right of property ls in abeyance, or in a state of legal sequestration. I Kent, Comm. 102. It has also been applied to the franchises of a corporation, “when a corporation ls to be brought into existence by some future acts of the corporators, the franchises remain ln abeyance, until such acts are done; and, when the corporation is brought into life, the franchises iustantane* ously attach to IL” Story, J., in Dartmouth College v. woodward, 4 wheat 691, 4 L. Ed. 629

 

Black's Law Dictionary 2nd edition

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