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February 7, 2018 by DVLaw

ABEYANCE

In the law of estates. In expectation, remembrance, and contemplation of law; the condition of a freehold when there is no person in being in whom it is vested.

In such cases the freehold has been said to be in nubibus (in the clouds), McKown v. McKown, 93 W.Va. 689, 117 S.E. 557, 559; in pendenti (in suspension) ; and in gremio legis (in the bosom of the law). Where there is a tenantof the freehold, the remainder or reversion in fee may exist for a time without any particular owner, in which case it is said to be in abeyance; Lyle v. Richards, 9 S.& R. Pa. 367; 3 Plowd. 29 a, b, 35 a; 1 Washb.R.P. 47.

Franchise of a corporation; Trustees of Dartmouth College v. Woodward, 4 Wheat. (U. S.) 691, 4 L.Ed. 629.Personal property as in case of a vessel
captured at sea from its captors until it becomes invested with the character of a prize; 1 Kent, 102; 1 C.Rob.Adm. 139; 3 id. 97, n.; or the rights of property of a bankrupt, pending adjudication; Bank v. Sherman, 101 U.S. 403, 25 L.Ed. 866.

A condition of being undetermined. Fenn v. American Rattan & Reed Mfg. Co., 75 Ind. App. 146, 130 N.E. 129, 130. (Seller stating its inability to promise to deliver.)

Sales to third parties, of property acquired by county at tax sale, being held in “abeyance”, means that certain rights or conditions are in expectancy. Willard v. Ward County, 72 N.D. 291, 6 N.W.2d 566, 568

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