ABATEMENT

ABATEMENT

abatement ([schwa]-bayt-m[schwa]nt), n.

1. The act of eliminating or nullifying (abatement of a nuis-ance) (abatement of a writ). [C.J.S. Nuisances ¡ì¡ì 86¨C89.]

2. The suspension or defeat of a pending action for a reason unrelated to the merits of the claim (the defendant sought abatement of the suit because of misnomer). See plea in abatement under PLEA. [Cases: Abatement and Revival 58.]

¡°Although the term ¡®abatement¡¯ is sometimes used loosely as a substitute for ¡®stay of proceedings,¡¯ the two may be distinguished on several grounds. For example, when grounds for abatement of an action exist, the abatement of the action is a matter of right, but a stay is granted in the court’s discretion. And in proper circumstances a court may stay a proceeding pending the outcome of another proceeding although a strict plea in abatement could not be sustained.¡± 1 Am. Jur. 2d Abatement, Survival, and Revival ¡ì 3 (1994).

3. The act of lessening or moderating; diminution in amount or degree ( abatement of the debt).

4. Wills & estates. The reduction of a legacy, general or specific, as a result of the estate’s being insufficient to pay all debts and legacies (the abatement of legacies resulted from the estate’s insolvency). Cf. ADEMPTION. [Cases: Wills 804¨C818.]

5. Archaic. The act of thrusting oneself tortiously into real estate after the owner dies and before the legal heir enters (abatement of freehold).

¡ª Also termed (in sense 5) abatamentum. ¡ª abate, vb. ¡ª abat-able, adj.


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