ESCHEAT (O. Fr. _eschete_, from _escheoir_, to fall to one's share; Lat.
_excidere_, to fall out), in English law, the reversion of lands to the
next lord on the failure of heirs of the tenant. "When the tenant of an
estate in fee simple dies without having alienated his estate in his
lifetime or by his will, and without leaving any heirs either lineal or
collateral, the lands in which he held his estate escheat, as it is
called, to the lord of whom he held them" (Williams on the _Law of Real
Property_). This rule is explained by the conception of a freehold
estate as an interest in lands held by the freeholder from some lord,
the king being lord paramount. (See ESTATE.) The granter retains an
interest in the land similar to that of the donor of an estate for life,
to whom the land reverts after the life estate is ended. As there are
now few freehold estates traceable to any mesne or intermediate lord,
escheats, when they do occur, fall to the king as lord paramount.
Besides escheat for defect of heirs, there was formerly also escheat
_propter delictum tenentis_, or by the corruption of the blood of the
tenant through attainder consequent on conviction and sentence for
treason or felony. The blood of the tenant becoming corrupt by attainder
was decreed no longer inheritable, and the effect was the same as if the
tenant had died without heirs. The land, therefore, escheated to the
next heir, subject to the superior right of the crown to the forfeiture
of the lands,--in the case of treason for ever, in the case of felony
for a year and a day. All this was abolished by the Felony Act 1870,
which provided for the appointment of an administrator to the property
of the convict. Escheat is also an incident of copyhold tenure. Trust
estates were not subject to escheat until the Intestates' Estates Act
1884, but now by that act the law of escheat applies in the same manner
as if the estate or interest were a legal estate in corporeal
hereditaments.
ESCHENBURG, JOHANN JOACHIM (1743-1820), German critic and literary
historian, was born at Hamburg on the 7th of December 1743. After
receiving his early education in his native town, he studied at Leipzig
and Gottingen. In 1767 he was appointed tutor, and subsequently
professor, at the Collegium Carolinum in Brunswick. The title of
"Hofrat" was conferred on him in 1786, and in 1814 he was made one of
the directors of the Carolinum. He is best known by his efforts to
familiarize his countrymen with English literature. He published a
series of German translations of the principal English writers on
aesthetics, such as J. Brown, D. Webb, Charles Burney, Joseph Priestley
and R. Hurd; and Germany owes also to him the first complete translation
(in prose) of Shakespeare's plays (_William Shakespear's Schauspiele_,
13 vols., Zurich, 1775-1782). This is virtually a revised edition of the
incomplete translation published by Wieland between 1762 and 1766.
Eschenburg died at Brunswick on the 29th of February 1820.
Public-domain text, read in full here on John Shaqi.
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