ABEYANCE - An incomplete or undetermined state of
affairs. From the French aboyer, which in figurative
sense means to expect, to look for, to desire. When
there is no person in esse in whom the freehold is
vested, it is said to be in abeyance, that is, in
expectation, remembrance and contemplation.
The law requires, however, that the freehold should
never, if possible, be in abeyance. Where there is
a tenant of 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.
Thus, if sn estate be limited to A for life, remainder
to the right heirs of B, the fee simple is in abeyance
during the life of B, because it is a maxim of law,
that nemo est hoeres viventis.
Another example may be given in the case of a corporation.
When a charter is given, and the charter grants franchises
or property to a corporation which is to be brought
into existence by some future acts of the corporators,
such franchises or property are in abeyance until
such acts shall be done, and when the corporation
is thereby brought into life, the franchises instantaneously
attach.
