abeyance – a lapse in succession during which no person is vested with title, although the law considers it as always potentially existing and ready to vest when a proper person in whom it may vest appears

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abeyance:
(17c) n. 

1. Temporary inactivity; suspension. 

2. Property. A lapse in succession during which no person is vested with title. — abeyant. adj. [1]

1. In expectation, remembrance, and contemplation in law.

An estate in fee is in abeyance where there is no person in esse in whom it may vest and abide, although the law considers it as always potentially existing and ready to vest when a proper person in whom it may vest appears. 28 Am J2d Est § 10. [2]

1. A state of inactivity or suspension. [3]

     Excerpt from 1 Richard Burn, A New Law Dictionary 4 (1792).

     “Abeyance, from the French buyer, to expect, is that which is in expectation, remembrance, and intendment of law.  By a principle of law, in every land there is a fee simple in somebody, or else it is in abeyance; that is, though for the present it be in no man, yet it is in expectancy belonging to him that is next to enjoy the land.” [4]

References:

Disclaimer: All material throughout this website is compiled in accordance with Fair Use.

[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4

[2]: Ballantine’s Law Dictionary with Pronunciations Third Edition by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[3]:  Ballantine’s Law Dictionary Legal Assistant Edition
by Jack Ballantine (James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.

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