(10) sary that he should do or say something showing his consent to the felonious purpose, and contributing to its execution. 9 N. Carolina R. 440. 13 Missouri R. 382. 1 Wisconsin R. 159. ABEYANCE, Abeiance, Abbayance, Abbaiaunce. L. Fr. & Eng. [from Fr. bayer, or abbayer, to expect, to wait for earnestly, to gape after, to bay at; L. Lat. abeyantia.] In the law of estates. Expectation, waiting, suspense; remembrance and contemplation in law. Where there is no person in existence in whom an inheritance can vest, it is said to be in abeyance; that is, in expectation; the law considering it as always potentially existing, and ready to vest whenever a proper owner appears. 2 Bl. Com. 107. Or, in other words, it is said to be in the remembrance, consideration and intendment of the law. Litt. sect. 646, 650. Thus, in a grant to J. for life, and afterwards to the heirs of R., the inheritance is plainly neither granted to J. nor R., nor can it vest in the heirs of R. till his death: it remains, therefore, in waiting, or abeyance, during the life of R. 2 Bl. Com. ub. sup. Plowd. 29 a. 35 a. 556. of the law, and existing only in its view, intendment or consideration. 1 Co. 131, 134, arg. Spelman, voc. Abeyantia. Litt. ub. sup. So the fee, in such case, has been said by Britton to be in the balance, (le fee est en balaunce.) Brit. fol. 249. And Bracton uses the corresponding phrase, in pendenti, (in suspension.) Bract. fol. 19 a. 20 a. Spelman prefers giving to abbayer, the root of the word, the sense of fixedness of position, (certæ stationi inhærere,) the fee being stopped or arrested in its transit from one party to another. Mr. Stephen objects to expectation as the proper import of abbeyance, and prefers Littleton's exposition of the term,-remembrance, intendment and consideration of the law; referring to the case of the parson of a church, where the fee is in perpetual abeyance. 1 Steph. Com. 223, note (1). Mr. Fearne treats the whole notion of abeyance as an absurd and unintelligible fiction. Fearne on Remainders, 452, [360.] And the inclination in modern law seems to be, to substitute in its place the doctrine, that where there is no person in existence in whom an inheritance can vest, it remains in the grantor or his heirs, or (in case of a devise,) in the heirs of the testator, until the contemplated contingency happens. 2 Chitt. Bl. Com. 107, notes. The term abeyance is also sometimes applied to personal property. Thus, in the case of maritime captures during war, it is said that "until the capture becomes invested with the character of prize by a An inheritance in abeyance answers to sentence of condemnation, the right of the hæreditas jacens, or caduca (q. v.) of property is in abeyance, or in a state of the civilians and feudists, which, by a figlegal sequestration." 1 Kent's Com. 102. ure directly opposite to that of suspenIt has also been applied to the franchises sion, was considered as waiting in a state of a corporation. "When a corporation is to of prostration for the heir to take it be brought into existence by some future up. Bract. fol. 8 a. 160 a. Co. Litt. Incertam et caducam hæreditatem 2 Bl. Com. acts of the corporators, the franchises re342 b. main in abeyance, until such acts are relevabat; raised, or took up the doubtdone, and when the corporation is brought ful and fallen inheritance. into life, the franchises instantaneously 56. attach to it." Story, J. 4 Wheaton's R. 691. * ** An inheritance in abeyance has been otherwise said to be in nubibus, (in the clouds;) a figure intended to denote a condition of suspension, indefinite and intangible existence, remoteness from human view and enjoyment, or molestation; in connection with the quality of readiness to descend and vest at the proper time. Latt. ub. sup. Co. Litt. 342 b. Hob. 335. 2 Crabb's Real Prop. 8, § 951. 4 Kent's Com. 258, 260, note. So, it has been said to be in gremio legis, (in the bosom of the law,) that is, under the special protection