History The most common use of the term is in the case of English
peerage dignities. Most such peerages pass to
heirs-male, but the ancient
baronies created by
writ, as well as some very old
earldoms, pass instead to
heirs-general (by
cognatic primogeniture). In this system, sons are preferred from eldest to youngest, the heirs of a son over the next son, and any son over daughters, but there is no preference among daughters: they or their heirs inherit equally. If the daughter is an only child or her sisters are deceased and have no living issue, she (or her heir) is vested with the title; otherwise, since a peerage cannot be shared nor divided, the dignity goes into abeyance between the sisters or their heirs, and is held by no one. If through lack of issue, marriage, or both, eventually only one person represents the claims of all the sisters, they can claim the dignity as a matter of right, and the abeyance is said to be terminated.
The Complete Peerage reports that only baronies have been called out of abeyance, although the
Earldom of Cromartie was called out of a two-year abeyance in 1895. It is entirely possible for a peerage to remain in abeyance for centuries. For example, the
Barony of Grey of Codnor was in abeyance for over 490 years between 1496 and 1989, and the
Barony of Hastings was similarly in abeyance for over 299 years from 1542 to 1841. Some other baronies became abeyant in the 13th century, and the abeyance has yet to be terminated. The only modern examples of titles other than a barony that have yet gone into abeyance are the
earldom of Arlington and the viscountcy of Thetford, which are united, and (as noted above) the earldom of Cromartie. It is no longer straightforward to claim English peerages after long abeyances. In 1927, a parliamentary Select Committee on Peerages in Abeyance recommended that no claim should be considered where the abeyance has lasted more than 100 years, nor where the claimant lays claim to less than one third of the dignity. The
Barony of Grey of Codnor was treated as an exception to this principle, as a claim to it had been submitted prior to these recommendations being made to the Sovereign. It is common, but incorrect, to speak of peerage dignities which are dormant (i.e. unclaimed) as being in abeyance.
Peerages called out of abeyance by year of initial abeyance ==Settling litigation==