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Meaning of ESCHEAT

Pronunciation:  es'cheet

WordNet Dictionary
 
 Definition: 
  1. [n]  the property that reverts to the state
  2. [n]  a reversion to the state (as the ultimate owner of property) in the absence of legal heirs
 
 Websites: 
 
 See Also: reversion, transferred possession, transferred property

 

 

Webster's 1913 Dictionary
 
 Definition: 
  1. \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.
    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.
    2. Lands which fall to the lord or the State by escheat.
    3. That which falls to one; a reversion or return
             To make me great by others' loss is bad escheat.
                                                   --Spenser.
    
  2. \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.
    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.
    
  3. \Es*cheat"\, v. t. (Law)
    To forfeit. --Bp. Hall.
    
 
Legal Dictionary
 
 Definition: The process by which a deceased person's property goes to the state if no heir can be found.
 

 

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