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escheat    
n. 重还;归还;没收;收回

重还;归还;没收;收回

escheat
n 1: a reversion to the state (as the ultimate owner of
property) in the absence of legal heirs
2: the property that reverts to the state

Escheat \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.
[1913 Webster]

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.
[1913 Webster]

2. Lands which fall to the lord or the State by escheat.
[1913 Webster]

3. That which falls to one; a reversion or return
[1913 Webster]

To make me great by others' loss is bad escheat.
--Spenser.
[1913 Webster]


Escheat \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.
[1913 Webster]

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.
[1913 Webster]


Escheat \Es*cheat"\, v. t. (Law)
To forfeit. --Bp. Hall.
[1913 Webster]

ESCHEAT, title to lands. According to the English law, escheat denotes an
obstruction of the course of descent, and a consequent determination of the
tenure, by some unforeseen contingency; in which case the land naturally
results back, by a kind of reversion, to the original grantor, or lord of
the fee.. 2 Bl. Com. 244.
2. All escheats, under the English law, are declared to be strictly
feudal, and to import the extinction of tenure. Wright on Ten. 115 to 117; 1
Wm. Bl. R. 123.
3. But as the feudal tenures do not exist in this country, there are no
private persons who succeed to the inheritance by escheat. The state steps
in, in the place of the feudal lord, by virtue of its sovereignty, as the
original and ultimate proprietor of all the lands within its jurisdiction. 4
Kent, Com. 420. It seems to be the universal rule of civilized society, that
when the deceased owner has left no heirs, it should vest in the public, and
be at the disposal of the government. Code, 10, 10, 1; Domat, Droit Pub.
liv. 1, t. 6, s. 3, n. 1. Vide 10 Vin. Ab. 139; 1 Bro. Civ. Law, 250; 1
Swift's Dig. 156; 2 Tuck. Blacks. 244, 245, n.; 5 Binn. R. 375; 3 Dane's Ab.
140, sect. 24; Jones on Land Office Titles in Penna. 5, 6, 93. For the rules
of the Roman Civil Law, see Code Justinian, book 10.


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  • Dormant Account - Time Length to Escheat | Bankers Online
    What is the length of time before a dormant account is escheated to the state in the state of Texas?
  • Which States Escheat Laws Govern? - Bankers Online
    Which State's Escheat Laws Govern? - 01 21 0504:13 PM If we are merging an Alabama Bank with a Florida Bank within our Holding Company and the Florida Bank will be the surviving Charter, how will this affect escheatment? Specifically, Florida states 5 years on its disclosure and Alabama states 3 years We need to know so we can update the parameters in our shared computer system Posted By
  • Unclaimed law - Official Checks | For Bankers. From Bankers
    We have been issuing official teller checks for three years and are coming up on the time we will need to escheat uncashed checks By state law we are attempting to provide due diligence notifications to the quot;owner quot; of the check However, we are trying to determine whet
  • Dormant Account Reactivation | For Bankers. From Bankers
    Can anyone tell me what their current procedures are for notifying and reactivating dormant accounts? I am a new compliance officer in Texas and would like to compare notes
  • Inactive Dormant accounts | For Bankers. From Bankers
    Can someone tell me when an account is considered inactive or dormant in KY? Are there specific directives on handling such accounts?
  • right of offset - cashiers check - Bankers Online
    If your state law considers the payee of the cashier's check the owner of the property then how can you perform an offset and apply the proceeds to a third party loan (your borrower)? Perhaps the state agency to whom you must escheat funds will take exception to your offset practice and take action against you [In some states, the state agency that receives escheated property is very
  • Cashiers Check-unclaimed property | For Bankers. From Bankers
    You need to follow the guidelines from the State, three years is correct for cashiers checks You might want to look at your outstanding checks on a regular (we use 6 months) basis Whenever possible we try to contact the remitter if the check isn't cashed in a timely fashion, definitely before it becomes escheat property Return to Top #128005 - 01 30 0405:42 PMRe: Cashiers Check-unclaimed
  • Escheat Laws | For Bankers. From Bankers
    Do the Escheat laws apply to commercial accounts also?
  • Escheat Cashiers Checks | For Bankers. From Bankers
    If you have a Cashiers Check due to Escheat which was purchased by a customer who stilll has accounts with you can you give the funds back to the customer? They are listed as remitter on the check and the funds came from there account
  • Lost Cashiers Check: Whats the financial institutions responsibility . . .
    If the check (or a facsimile) is presented before escheat, the drawee will have to honor it After escheat has taken place, the drawee can refer the presenter to the state holding the funds





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