Escheat ESCHE'AT, n. [L. cado, cadere.] 1. Any land or tenements
which casually fall or revert to the lord within his manor, through
failure of heirs. It is the determination of the tenure or dissolution
of the mutual bond between the lord and tenant, from the extinction of
the blood of the tenant, by death or natural means, or by civil means,
as forfeiture or corruption of blood. 2. In the U. States, the falling
or passing of lands and tenements to the state, through failure of heirs
or forfeiture, or in cases where no owner is found. 3. The place
or circuit within which the king or lord is entitled to escheats.
4. A writ to recover escheats from the person in possession. 5. The
lands which fall to the lord or state by escheat. 6. In Scots
law, the forfeiture incurred by a man's being denounced a rebel. ESCHE'AT, v.i. In England, to revert, as land, to the lord of
a manor, by means of the extinction of the blood of the tenant.
1. In America, to fall or come, as land, to the state, through failure
of heirs or owners, or by forfeiture for treason. In the feudal sense, no
escheat can exist in the United States; but the word is used in statutes
confiscating the estates of those who abandoned their country, during
the revolution, and in statutes giving to the state the lands for which
no owner can be found. ESCHE'AT, v.t. To forfeit. [Not used.]
escheat
the reverting of land to a king or lord in certain cases, c.1330, from
Anglo-Fr. eschete (1292), from O.Fr. eschete "succession, inheritance,"
originally fem. pp. of escheoir, from L.L. *excadere, from L. ex- "out,
away" + cadere "to fall."
escheat I. nounEtymology: Middle English eschete, from Anglo-French,
reversion of property, from escheir to fall, devolve, from Vulgar
Latin *excadēre, from Latin ex- + Vulgar Latin *cadēre
to fall, from Latin cadere — more at chanceDate: 14th
century 1. escheated property 2.a. the reversion of lands in English feudal law to the lord of
the fee when there are no heirs capable of inheriting under the original
grant b. the reversion of property to the crown in England or to
the state in the United States when there are no legal heirs
II. verbDate: 14th century transitive verb
to cause to revert by escheat intransitive verb
to revert by escheat • escheatableadjective
escheat n. & v. hist. --n. 1 the reversion of property to the State, or (in feudal law) to a lord, on the owner's dying without legal heirs. 2 property affected by this. --v. 1 tr.
hand over (property) as an escheat. 2 tr. confiscate. 3 intr. revert by escheat. Etymology: ME f. OF eschete, ult. f. L excidere (as EX-(1), cadere fall)
escheat
ɪsˈtʃi:t n. & v. hist. --n. 1 the reversion of property to
the State, or (in feudal law) to a lord, on the owner's dying without legal
heirs. 2 property affected by this. --v. 1 tr. hand over (property) as an
escheat. 2 tr. confiscate. 3 intr. revert by escheat. [ME f. OF eschete,
ult. f. L excidere (as EX-(1), cadere fall)]
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.
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.
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.
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.
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