333:
622:
296:
537:
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.
38:
197:
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.
274:
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
244:
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
536:
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
196:
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
520:
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
220:
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,
521:
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.
266:
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
200:
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
304:
308:
812:
212:
This doctrine is a 17th-century innovation, although it is now applied retrospectively for centuries. It cannot be applied perfectly; for example,
56:
586:
cannot go into abeyance, because in
Scottish law the eldest sister is preferred over younger sisters; sisters are not considered equal co-heirs.
279:
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.
125:
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
786:
773:
760:
747:
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209:, the peerage has been in abeyance for more than a century, or the petitioner holds less than one-third of the claim.
885:
877:
734:
222:
217:
213:
170:
74:
678:
282:
It is common, but incorrect, to speak of peerage dignities which are dormant (i.e. unclaimed) as being in abeyance.
835:
425:, called out of abeyance after 143 years; called out again in 1763 after 7 months and in 1788 after 7 years.
17:
121:
as have not yet vested or possibly may not vest. For example, an estate is granted to A for life, with
489:
205:. If the claim is unopposed, the committee will generally award the claim, unless there is evidence of
186:
799:
906:
454:
436:
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for discussion. This should probably be replaced with a thorough summary of the search results at
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496:
344:
190:
911:
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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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387:
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259:
247:
524:
For example, abeyance was used as a settlement method in a
Canadian lawsuit involving the
202:
8:
583:
422:
241:
237:
668:
Complete
Peerage, Vol XI, p. 131 - supplemental number; and Vol IV, Appendix H, p. 725
881:
873:
447:
252:
109:
in any one person, but awaits the appearance or determination of the true owner. In
656:
507:
383:, called out of abeyance after 2 years; again in 1878 after 100 years and 3 months.
733:
The
Peerages of England, Scotland, Ireland, Great Britain and the United Kingdom.
52:
558:
482:
429:
415:
268:
230:
166:
122:
118:
813:"University of Victoria anti-abortion group resolves dispute with student union"
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401:
373:
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503:
471:, called out of abeyance after 5 years; (again in 1776 and 1833 after a year)
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443:
380:
475:
394:
366:
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reports that only baronies have been called out of abeyance, although the
595:
408:
315:
499:, called out of abeyance after 96 years; again in 2004 after five years.
332:
305:
MediaWiki_talk:Spam-blacklist/archives/September_2023#maltagenealogy.com
240:
case was the first peerage abeyance ever settled; the second was at the
570:
and it would be a waste of time and effort to try to resolve it in the
553:
485:, called out of abeyance after 358 years; again in 1803 after 21 years.
411:, called out of abeyance after 282 years; again in 1879 after 17 years.
376:, called out of abeyance after 35 years; again in 1923 after 426 years.
149:
137:, is said to be in abeyance until the next incumbent takes possession.
91:
646:. Vol. 1 (11th ed.). Cambridge University Press. p. 61.
206:
134:
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requested abeyance of that case as the matter would be resolved in
541:
271:, which are united, and (as noted above) the earldom of Cromartie.
145:
130:
102:
492:, called out of abeyance after a year; again in 1871 after a year.
262:
was in abeyance for over 490 years between 1496 and 1989, and the
711:
683:
303:
Much of this relies on a source that is probably unreliable, see
182:
106:
95:
27:
When property, titles, or office are without a claimant or owner
174:
446:, called out of abeyance after 18 years (the length of the
286:
Peerages called out of abeyance by year of initial abeyance
165:
The most common use of the term is in the case of
English
110:
101:
meaning "gaping") is a state of expectancy in respect of
544:
by the other events. During lawsuits related to the
269:
earldom of
Arlington and the viscountcy of Thetford
47:
may be too technical for most readers to understand
321:, to facilitate verification and further research.
105:, titles or office, when the right to them is not
390:, called out of abeyance in 1989 after 493 years.
369:, called out of abeyance in 1839 after 413 years.
898:
255:was called out of a two-year abeyance in 1895.
233:in 1570) claimed the title and its precedence.
836:"Delay sought on health care at appeals court"
530:British Columbia Civil Liberties Association
615:
613:
611:
546:Patient Protection and Affordable Care Act
833:
478:, called out of abeyance after 159 years.
418:, called out of abeyance after 314 years.
404:, called out of abeyance after 299 years.
75:Learn how and when to remove this message
59:, without removing the technical details.
632:
526:University of Victoria Students' Society
510:, called out of abeyance after 64 years.
457:, called out of abeyance after 31 years.
439:, called out of abeyance after 35 years.
432:, called out of abeyance after 31 years.
152:when a case is temporarily put on hold.
810:
608:
577:
464:, called out of abeyance after 29 years
169:dignities. 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).
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707:"Barony of Grey of Codnor (1989)"
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450:); again in 1855 after 22 years.
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36:
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712:Parliamentary Debates (Hansard)
684:Parliamentary Debates (Hansard)
917:Peerages in the United Kingdom
715:. House of Lords. 27 July 1989
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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
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16:(Redirected from
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508:Baron Fauconberg
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142:hold in abeyance
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636:, ed. (1911). "
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562:, attorneys in
559:King v. Burwell
532:, and a campus
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483:Baron Botetourt
430:Baron Furnivall
416:Baron Strabolgi
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341:needs expansion
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53:help improve it
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893:External links
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469:Baron Clifford
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843:. Retrieved
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528:(UVSS), the
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476:Baron Dudley
395:Baron de Ros
367:Baron Camoys
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345:adding to it
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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
18:In abeyance
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
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800:p. 725
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574:case.
572:Halbig
502:1948:
495:1784:
488:1780;
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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
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610:^
316:Rp
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