Abeyance

Estates, from the French aboyer, which in a 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 of law. 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 an 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 heres viventis.

2 Bl. Com. 107; 1 Cruise, 67-70; 1 Inst. 342; Merlin, Repertoire, mot Abayance; 1 Com. Dig. 175; 1 Vin. Abr. 104.