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February 7, 2018 by DVLaw

ABDICATION

The act of a sovereign in renouncing and relinquishing his government or throne, so that either the throne is left entirely vacant, or is filled by a successor appointed or elected beforehand.

Also, where a magistrate or person in office voluntarily renounces or gives it up before the time of service has expired. The act of abdicating ; giving up of office, power or authority, right or trust; renunciation. McCormick v. Engstrom, 119 Kan. 698, 241 P. 685, 688.

Abdication of rights to property may constitute an assignment. In re Johnston’s Estate, 186 Wis. 599, 203 N.W. 376, 377.

It differs from resignation, in that resignation is made by one who has received his office from another and restores it into his hands, as an inferior into the hands of a superior; abdication is the relinquishment of an office which has devolved by act of law. It is said to be a renunciation, quitting, and relinquishing, so as to have nothing further to do with, a thing, or the doing of such actions as are inconsistent with the holding of it. Chambers

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