ESCHEATING
Verb
escheating
present participle of escheat
Source: Wiktionary
ESCHEAT
Es*cheat", n. Etym: [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.
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)
Definition: 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)
Definition: To forfeit. Bp. Hall.
Source: Webster’s Unabridged Dictionary 1913 Edition