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Abeyance

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UVSS deny resources to the club in the future, and the UVSS was able to avoid an expensive legal battle it did not have the will to pursue at the time. Thus, the use of abeyance provided the security of a settlement for the anti-abortion campus club, while preserving the student society's voting membership's ability to take the matter back to court should they choose in the future to deny resources to the club.
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issue, marriage, or both, eventually only one person represents the claims of all the sisters, they can claim the dignity as a matter of right, and the abeyance is said to be terminated. On the other hand, the number of prospective heirs can grow quite large, since each share potentially can be divided between daughters, where the owner of a share dies without leaving a son.
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It is no longer straightforward to claim English peerages after long abeyances. In 1927, a parliamentary Select Committee on Peerages in Abeyance recommended that no claim should be considered where the abeyance has lasted more than 100 years, nor where the claimant lays claim to less than one third
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in 1660. Most subsequent abeyances (only a few dozen cases) were settled after a few years, in favour of the holder of the family properties; there were two periods in which long-abeyant peerages (in some cases peerages of doubtful reality) were brought back: between 1838 and 1841 and between 1909
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club to whom the UVSS denied funding. The parties agreed to settle the lawsuit by holding the case in abeyance in return for the UVSS temporarily giving resources back to the club. With this arrangement, the anti-abortion club held on to its right to immediately reopen the case again should the
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If the daughter is an only child or her sisters are deceased and have no living issue, she (or her heir) is vested with the title; otherwise, since a peerage cannot be shared nor divided, the dignity goes into abeyance between the sisters or their heirs, and is held by no one. If through lack of
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Abeyance can be used in cases where parties are interested in temporarily settling litigation while still holding the right to seek relief later if necessary. This may be considered a desirable outcome in cases where the party to the lawsuit is an organization with a transient membership and
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died without children, the second left two daughters, and the third left a son. In modern law, the title would have fallen into abeyance between the two daughters of the second son, and nobody else would have been able to claim it even if the abeyance were settled; however, in 1597,
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political perspective. The use of abeyance in such instances can allow such an organization to 'settle' with the party without officially binding its actions in the future, should a new group of decision makers within the organization choose to pursue taking the dispute to court.
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was similarly in abeyance for over 299 years from 1542 to 1841. Some other baronies became abeyant in the 13th century, and the abeyance has yet to be terminated. The only modern examples of titles other than a barony that have yet gone into abeyance are the
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A co-heir may petition the Crown for a termination of the abeyance. The Crown may choose to grant the petition, but if there is any doubt whatsoever as to the pedigree of the petitioner, the claim is normally referred to the
193:). In this system, sons are preferred from eldest to youngest, the heirs of a son over the next son, and any son over daughters, but there is no preference among daughters: they or their heirs inherit equally. 540:
Other court cases may be held in abeyance when the issue may be resolved by another court or another event. This saves time and effort trying to resolve a dispute that may be made
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This doctrine is a 17th-century innovation, although it is now applied retrospectively for centuries. It cannot be applied perfectly; for example,
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cannot go into abeyance, because in Scottish law the eldest sister is preferred over younger sisters; sisters are not considered equal co-heirs.
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was treated as an exception to this principle, as a claim to it had been submitted prior to these recommendations being made to the Sovereign.
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to the heir of B. Following A's death, if B is still alive, the remainder is in abeyance, for B has no heirs until B's death. Similarly, the
529: 525: 642: 637: 545: 916: 397:, called out of abeyance after 4 years; again in 1806 (after 119 years), in 1943 (after 4 years) and in 1958 (after 2 years). 311:. The book is cited in the Bibliography, but it would be best to have individual references, with page numbers marked using 309:
https://www.google.com/books/edition/The_Complete_Peerage_of_England_Scotland/GI7ZiCkm0oMC?hl=en&gbpv=1&bsq=abeyance
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It is common, but incorrect, to speak of peerage dignities which are dormant (i.e. unclaimed) as being in abeyance.
17: 835: 425:, called out of abeyance after 143 years; called out again in 1763 after 7 months and in 1788 after 7 years. 121:
as have not yet vested or possibly may not vest. For example, an estate is granted to A for life, with
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for discussion. This should probably be replaced with a thorough summary of the search results at
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One or more of the preceding sentences incorporates text from a publication now in the
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It is entirely possible for a peerage to remain in abeyance for centuries. For example, the
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For example, abeyance was used as a settlement method in a Canadian lawsuit involving the
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Complete Peerage, Vol XI, p. 131 - supplemental number; and Vol IV, Appendix H, p. 725
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in any one person, but awaits the appearance or determination of the true owner. In
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The Peerages of England, Scotland, Ireland, Great Britain and the United Kingdom.
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reports that only baronies have been called out of abeyance, although the
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MediaWiki_talk:Spam-blacklist/archives/September_2023#maltagenealogy.com
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case was the first peerage abeyance ever settled; the second was at the
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and it would be a waste of time and effort to try to resolve it in the
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requested abeyance of that case as the matter would be resolved in
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was in abeyance for over 490 years between 1496 and 1989, and the
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Much of this relies on a source that is probably unreliable, see
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When property, titles, or office are without a claimant or owner
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Peerages called out of abeyance by year of initial abeyance
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The most common use of the term is in the case of English
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meaning "gaping") is a state of expectancy in respect of
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by the other events. During lawsuits related to the
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earldom of Arlington and the viscountcy of Thetford
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may be too technical for most readers to understand
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Most such peerages pass to 14: 899: 798:Complete Peerage, Vol IV, Appendix H, 515: 155: 57:make it understandable to non-experts 834:Denniston, Lyle (10 November 2014). 327: 289: 31: 24: 779: 550:Supreme Court of the United States 25: 928: 892: 811:Thomson, Stephen (19 July 2010). 766: 753: 740: 727: 707:"Barony of Grey of Codnor (1989)" 620: 450:); again in 1855 after 22 years. 331: 294: 36: 857: 827: 804: 792: 712:Parliamentary Debates (Hansard) 684:Parliamentary Debates (Hansard) 917:Peerages in the United Kingdom 715:. House of Lords. 27 July 1989 699: 671: 662: 650: 13: 1: 687:. House of Lords. 31 May 1927 679:"Peerages in Abeyance (1927)" 601: 223:the grandson of the third son 117:can be applied only to such 7: 785:The Peerages of England... 772:The Peerages of England... 759:The Peerages of England... 746:The Peerages of England... 589: 214:the eighth Baron De La Warr 181:, as well as some very old 10: 933: 490:Baron Willoughby de Eresby 216:had three surviving sons; 160: 455:Baron Ferrers of Chartley 437:Baron Ferrers of Chartley 277:Barony of Grey of Codnor 260:Barony of Grey of Codnor 203:Committee for Privileges 643:Encyclopædia Britannica 96: 864:Cokayne, George Edward 815:. The Georgia Straight 497:Baron Howard de Walden 191:cognatic primogeniture 133:, on the death of the 869:The Complete Peerage 659:, Vol IV, Appendix H 578:Scottish peerage law 388:Baron Grey of Codnor 275:of the dignity. The 253:Earldom of Cromartie 248:The Complete Peerage 229:had been re-created 584:Peerage of Scotland 516:Settling litigation 156:English peerage law 423:Baron le Despencer 343:. You can help by 264:Barony of Hastings 238:Baron le Despencer 185:, pass instead to 173:, but the ancient 564:Halbig v. Burwell 448:English Civil War 361: 360: 326: 325: 85: 84: 77: 16:(Redirected from 924: 907:Abeyant peerages 851: 850: 848: 846: 831: 825: 824: 822: 820: 808: 802: 796: 790: 783: 777: 770: 764: 757: 751: 744: 738: 731: 725: 724: 722: 720: 703: 697: 696: 694: 692: 675: 669: 666: 660: 657:Complete Peerage 654: 648: 647: 626: 624: 623: 617: 508:Baron Fauconberg 356: 353: 335: 328: 320: 314: 298: 297: 290: 231:Baron De La Warr 142:hold in abeyance 99: 80: 73: 69: 66: 60: 40: 39: 32: 21: 18:Held in abeyance 932: 931: 927: 926: 925: 923: 922: 921: 897: 896: 895: 860: 855: 854: 844: 842: 832: 828: 818: 816: 809: 805: 797: 793: 784: 780: 771: 767: 758: 754: 745: 741: 732: 728: 718: 716: 705: 704: 700: 690: 688: 677: 676: 672: 667: 663: 655: 651: 636:, ed. (1911). " 621: 619: 618: 609: 604: 592: 580: 562:, attorneys in 559:King v. 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Retrieved 682: 673: 664: 652: 641: 581: 571: 567: 563: 557: 539: 528:(UVSS), the 523: 519: 476:Baron Dudley 395:Baron de Ros 367:Baron Camoys 349: 345:adding to it 340: 319:}} 313:{{ 281: 273: 257: 246: 235: 211: 199: 195: 164: 141: 139: 114: 94: 87: 86: 71: 62: 46: 29: 845:30 December 819:25 November 719:30 December 691:30 December 596:Coparcenary 409:Baron Braye 242:Restoration 177:created by 150:court cases 144:is used in 113:, the term 901:Categories 840:SCOTUSblog 602:References 554:certiorari 548:after the 245:and 1921. 171:heirs-male 92:Old French 90:(from the 218:the first 207:collusion 140:The term 135:incumbent 123:remainder 638:Abeyance 590:See also 552:granted 183:earldoms 175:baronies 146:lawsuits 131:benefice 127:freehold 115:abeyance 103:property 88:Abeyance 787:Part H2 774:Part G3 761:Part M6 748:Part C7 735:Part C1 631::  225:(whose 167:peerage 161:History 97:abeance 51:Please 884:  876:  800:p. 725 625:  574:case. 572:Halbig 502:1948: 495:1784: 488:1780; 481:1764: 474:1757: 467:1734: 460:1721: 453:1677: 442:1660: 435:1646: 428:1616: 421:1604: 414:1602: 407:1557: 400:1542: 393:1508: 386:1496: 379:1481: 372:1455: 365:1426: 227:father 107:vested 129:of a 882:ISBN 880:and 874:ISBN 847:2015 821:2010 721:2015 693:2015 568:King 542:moot 506:and 189:(by 179:writ 148:and 640:". 556:in 347:. 111:law 55:to 903:: 872:. 866:. 838:. 709:. 681:. 610:^ 316:Rp 888:. 849:. 823:. 789:. 776:. 763:. 750:. 737:. 723:. 695:. 354:) 350:( 78:) 72:( 67:) 63:( 49:. 20:)

Index

Held in abeyance
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make it understandable to non-experts
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Old French
property
vested
law
future estates
remainder
freehold
benefice
incumbent
lawsuits
court cases
peerage
heirs-male
baronies
writ
earldoms
heirs-general
cognatic primogeniture
Committee for Privileges
collusion
the eighth Baron De La Warr
the first
the grandson of the third son
father
Baron De La Warr
Baron le Despencer

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