Definitions for: Escheat


[n] the property that reverts to the state
[n] a reversion to the state (as the ultimate owner of property) in the absence of legal heirs



Webster (1913) Definition: 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.


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.


Es*cheat", v. t. (Law)
To forfeit. --Bp. Hall.

See Also: reversion, transferred possession, transferred property

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