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DISCONTINUANCE OF AN ESTATE Definition & Legal Meaning

Definition & Citations:

The termination or suspension of an estate- tail, in consequence of the act of the tenant in tail, in conveying a larger estate in the land than he was by law entitled to do. 2 Bl.Comm. 275; 3 Bl. Comm. 171. An alienation made or suffered by a tenant in tail, or by any that is seized in auter droit, whereby the issue in tail, or the heir or successor, or those in reversion or remainder, are driven to their action, and cannot enter. Co. Litt.325o. The cesser of a seisin under an estate, and the acquisition of a seisin under a new and necessarily a wrongful title. Prest Merg. c. 11.Discontinuare nihil aliud significat qnam intermittere, desuescere, inter- rumpere.Co. Litt. 325. To discontinue signifies nothing else than to intermit, to disuse, to interrupt.

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