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Webster 1913 Edition


Escheat

Es-cheat′

,
Noun.
[OE.
eschete
,
escheyte
, an escheat, fr. OF.
escheit
,
escheoit
,
escheeite
,
esheoite
, fr.
escheoir
(F.
échoir
) 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.
(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.

Es-cheat′

,
Verb.
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.
☞ 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.

Es-cheat′

,
Verb.
T.
(Law)
To forfeit.
Bp. Hall.

Webster 1828 Edition


Escheat

ESCHE'AT

,
Noun.
[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

,
Verb.
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

,
Verb.
T.
To forfeit. [Not used.]

Definition 2024


escheat

escheat

English

Noun

escheat (plural escheats)

  1. (law) The return of property of a deceased person to the state (originally to a feudal lord) where there are no legal heirs or claimants.
  2. (law) The property so reverted.
  3. (obsolete) Plunder, booty.
    • 1590, Edmund Spenser, The Faerie Queene, III.viii:
      Approching, with bold words and bitter threat, / Bad that same boaster, as he mote, on high / To leaue to him that Lady for excheat, / Or bide him battell without further treat.
  4. That which falls to one; a reversion or return.
    • Spenser
      To make me great by others' loss is bad escheat.

Quotations

  • For usage examples of this term, see Citations:escheat.

Verb

escheat (third-person singular simple present escheats, present participle escheating, simple past and past participle escheated)

  1. (of property) To revert to a state or lord because its previous owner died without an heir.

Derived terms

Anagrams