Escheat

In feudallaw. Escheatis an obstruction of the course of descent, and consequent determination of the tenure, by some unforeseen contingency, in which case the land naturally results back, by a kind of reversion, to the original grantor, or lord of the fee.

2 Bl. Comm. 15.

It is the casual descent, in the nature of forfeiture, of lands and tenements within his manor, to a lord, either on failure of issue of the tenant dying seised or on account of the felony of such tenant. Jacob. Also the land or fee itself, which thus fell back to the lord. Such lands were called “exeadentie,” or “terre excadentiales.” Ga Fleta, lib.

6, c. 1; Co. Litt. 13a.

In American law

Escheat signifies a reversion of property to the state in consequence of a want of any individual competent to inherit. The state is deemed to occupy the place and hold the rights of the feudal lord. See 4 Kent, Comm. 423, 424. “Escheat at feudal law was the right of the lord of a fee to re-enter upon the same when it became vacant by the extinction of the blood of the tenant. This extinction might either be per defectum sanguints or else per detictum tenentis, where the course of descent was broken by the corruption of the blood of the tenant, Asa fee might be holden either of the crown or from someinferior lord, the escheat was not alwuys tothe crown. The word ‘escheat,’ in this country, at the present time, merely indicates the preferable right of the state to an estate left vacant, and without there being any one in existence able to make claim thereto, * 29 Amer. Dec. 232, note.