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Escheat

A Dictionary of Law · William C. Anderson · 1889

A Dictionary of Law

'' In feudal law, the determination of the tenure or dissolution of the bond between lord and tenant from extinction of the blood of the latter by natural or civil means.* Thus, if the tenant died without heirs of his blood, or if his blood was corrupted by commission of treason or felony, whereby the inheritable quality was blotted out, the land " fell back " to the lord of the fee— the tenure being determined by breach of the condition.'

See Attaindek.

The word, originally French or Norman, signifying 1 2 Bish. Crim. L. §§ 917, 1026; 1 Kuss. Cr. 416; Colby V. Sampson, 6 Mass. 'Slg (1809), Parsons, 0. J. "3 Bl Com. 415, 290, 165. See also 32 Ark. 126; 8 Ired. L. 151; 25 N. H. 258; 46 N. J. L. 358; 89 Pa. 446; 3 Head, 137. = 4B1. Com. 139. 4 Dow V. Humbert, 91 V. S. 300 (1875), cases. »E. S. §5409. • Lehman v. Robinson, 59 Ala. 240 (1877). ' 0.

Eng. eschete: F. eschet, that which falls to one: chance or accident, now denotes obstruction of the course of descent, and determination of tenure, by some unforeseen contingency; in which case the land naturally results back, by a kind of reversion, to the original grantor.*

See Descent.

3.

In the United States, a reversion of property to the State in default of a person who can inherit it. Depends upon positive statute, which makes the state the heir of the property. Nothing about it but the name is feudal.^ Eseheator. An officer who takes charge of escheated estates for the government.