| slovo | definícia |
escheat
(encz) | escheat,zabavit majetek Zdeněk Brož |
escheat
(encz) | escheat,zkonfiskovat v: Zdeněk Brož |
Escheat
(gcide) | Escheat \Es*cheat"\, n. [OE. eschete, escheyte, an escheat, fr.
OF. escheit, escheoit, escheeite, esheoite, fr. escheoir (F.
['e]choir) to fall to, fall to the lot of; pref. es- (L. ex)
+ cheoir, F. choir, to fall, fr. L. cadere. See Chance, and
cf. Cheat.]
1. (Law)
(a) (Feud. & Eng. Law) The falling back or reversion of
lands, by some casualty or accident, to the lord of
the fee, in consequence of the extinction of the blood
of the tenant, which may happen by his dying without
heirs, and formerly might happen by corruption of
blood, that is, by reason of a felony or attainder.
--Tomlins. --Blackstone.
(b) (U. S. Law) The reverting of real property to the
State, as original and ultimate proprietor, by reason
of a failure of persons legally entitled to hold the
same.
[1913 Webster]
Note: A distinction is carefully made, by English writers,
between escheat to the lord of the fee and forfeiture
to the crown. But in this country, where the State
holds the place of chief lord of the fee, and is
entitled to take alike escheat and by forfeiture, this
distinction is not essential. --Tomlins. Kent.
(c) A writ, now abolished, to recover escheats from the
person in possession. --Blackstone.
[1913 Webster]
2. Lands which fall to the lord or the State by escheat.
[1913 Webster]
3. That which falls to one; a reversion or return
[1913 Webster]
To make me great by others' loss is bad escheat.
--Spenser.
[1913 Webster] |
Escheat
(gcide) | Escheat \Es*cheat"\, v. i. [imp. & p. p. Esheated; p. pr. &
vb. n. Escheating.] (Law)
To revert, or become forfeited, to the lord, the crown, or
the State, as lands by the failure of persons entitled to
hold the same, or by forfeiture.
[1913 Webster]
Note: In this country it is the general rule that when the
title to land fails by defect of heirs or devisees, it
necessarily escheats to the State; but forfeiture of
estate from crime is hardly known in this country, and
corruption of blood is universally abolished. --Kent.
Bouvier.
[1913 Webster] |
Escheat
(gcide) | Escheat \Es*cheat"\, v. t. (Law)
To forfeit. --Bp. Hall.
[1913 Webster] |
escheat
(wn) | escheat
n 1: a reversion to the state (as the ultimate owner of
property) in the absence of legal heirs
2: the property that reverts to the state |
ESCHEAT
(bouvier) | ESCHEAT, title to lands. According to the English law, escheat denotes an
obstruction of the course of descent, and a 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. Com. 244.
2. All escheats, under the English law, are declared to be strictly
feudal, and to import the extinction of tenure. Wright on Ten. 115 to 117; 1
Wm. Bl. R. 123.
3. But as the feudal tenures do not exist in this country, there are no
private persons who succeed to the inheritance by escheat. The state steps
in, in the place of the feudal lord, by virtue of its sovereignty, as the
original and ultimate proprietor of all the lands within its jurisdiction. 4
Kent, Com. 420. It seems to be the universal rule of civilized society, that
when the deceased owner has left no heirs, it should vest in the public, and
be at the disposal of the government. Code, 10, 10, 1; Domat, Droit Pub.
liv. 1, t. 6, s. 3, n. 1. Vide 10 Vin. Ab. 139; 1 Bro. Civ. Law, 250; 1
Swift's Dig. 156; 2 Tuck. Blacks. 244, 245, n.; 5 Binn. R. 375; 3 Dane's Ab.
140, sect. 24; Jones on Land Office Titles in Penna. 5, 6, 93. For the rules
of the Roman Civil Law, see Code Justinian, book 10.
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| | podobné slovo | definícia |
escheat
(encz) | escheat,zabavit majetek Zdeněk Brožescheat,zkonfiskovat v: Zdeněk Brož |
Escheatable
(gcide) | Escheatable \Es*cheat"a*ble\, a.
Liable to escheat.
[1913 Webster] |
Escheatage
(gcide) | Escheatage \Es*cheat"age\ (?; 48), n.
The right of succeeding to an escheat. --Sherwood.
[1913 Webster] |
Escheating
(gcide) | Escheat \Es*cheat"\, v. i. [imp. & p. p. Esheated; p. pr. &
vb. n. Escheating.] (Law)
To revert, or become forfeited, to the lord, the crown, or
the State, as lands by the failure of persons entitled to
hold the same, or by forfeiture.
[1913 Webster]
Note: In this country it is the general rule that when the
title to land fails by defect of heirs or devisees, it
necessarily escheats to the State; but forfeiture of
estate from crime is hardly known in this country, and
corruption of blood is universally abolished. --Kent.
Bouvier.
[1913 Webster] |
Escheator
(gcide) | Escheator \Es*cheat"or\, n. (Law)
An officer whose duty it is to observe what escheats have
taken place, and to take charge of them. --Burrill.
[1913 Webster] |
escheat
(wn) | escheat
n 1: a reversion to the state (as the ultimate owner of
property) in the absence of legal heirs
2: the property that reverts to the state |
ESCHEAT
(bouvier) | ESCHEAT, title to lands. According to the English law, escheat denotes an
obstruction of the course of descent, and a 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. Com. 244.
2. All escheats, under the English law, are declared to be strictly
feudal, and to import the extinction of tenure. Wright on Ten. 115 to 117; 1
Wm. Bl. R. 123.
3. But as the feudal tenures do not exist in this country, there are no
private persons who succeed to the inheritance by escheat. The state steps
in, in the place of the feudal lord, by virtue of its sovereignty, as the
original and ultimate proprietor of all the lands within its jurisdiction. 4
Kent, Com. 420. It seems to be the universal rule of civilized society, that
when the deceased owner has left no heirs, it should vest in the public, and
be at the disposal of the government. Code, 10, 10, 1; Domat, Droit Pub.
liv. 1, t. 6, s. 3, n. 1. Vide 10 Vin. Ab. 139; 1 Bro. Civ. Law, 250; 1
Swift's Dig. 156; 2 Tuck. Blacks. 244, 245, n.; 5 Binn. R. 375; 3 Dane's Ab.
140, sect. 24; Jones on Land Office Titles in Penna. 5, 6, 93. For the rules
of the Roman Civil Law, see Code Justinian, book 10.
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ESCHEATO
(bouvier) | ESCHEATOR. The name of an officer whose duties are generally to ascertain
what escheats have taken place, and to prosecute the claim of the
commonwealth for the purpose of recovering the escheated property. Vide 10
Vin. Ab. 158.
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