ABEYANCE

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ABEYANCE

ABEYANCE, estates, from the French aboyer, which in figurative sense means to expect, to look for, to desire. When there is no person in esse in whomthe freehold is vested, it is said to be in abeyance, that is, inexpectation, remembrance and contemplation. 2. The law requires, however, that the freehold should never, ifpossible, be in abeyance. Where there is a tenant of the freehold, theremainder or reversion in fee may exist for a time without any particularowner, in which case it is said to be in abeyance. 9 Serg. & R.. 367; 8Plowd. 29 a. b 35 a. 3. Thus, if sn estate be limited to A for life, remainder to the rightheirs of B, the fee simple is in abeyance during the life of B, because itis a maxim of law, that nemo est hoeres viventis. 2 Bl. Com. 107; 1 Cruise,67-70; 1 Inst. 842, Merlin, Repertoire, mot Abeyance; 1 Com. Dig. 176; 1Vin. Abr. 101. 4. Another example may be given in the case of a corporation. When acharter is given, and the charter grants franchises or property to acorporation which is to be brought into existence by some future acts of thecorporators, such franchises or property are in abeyance until such actsshall be done, and when the corporation is thereby brought into life, thefranchises instantaneously attach. 4 Wheat. 691. See, generally, 2 Mass.500; 7 Mass. 445; 10 Mass. 93; 15 Mass. 464; 9 Cranch, 47. 293; 5 Mass. 555.

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