Escheat
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An obstruction of the course of descent and the consequent reversion of property to the original grantor.

There are two main ways in which this can happen under common law;-

  • Under English law, a convicted felon forfeited property to the Crown by his conviction, while execution for a crime disinherited the heirs of the convict who became ineligible to their inheritance.
  • Property left at death is forfeit to the government if there is no other heir to receive the property by the laws of intestacy or a Last Will and Testament.

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    Witchcraft

    The laws against witchcraft introduced by Elizabeth I (1563) and James I (1604) removed the crime from the ecclesiastical courts and made it a felony under the common law and subject to escheat upon conviction. Thus provided local officials with a financial reward for discovering witches and securing convictions which did nothing to temper any inclination they had to do so previously and could have played no small part in the mushrooming of cases brought before the courts.

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    USA

    Avoiding escheat on conviction of a felony is provided for in Article 3 � 3 of the United States Constitution which states that attainders for treason do not give rise to forfeiture or "corruption of blood".

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    1989Escheat (Procedure) Act 1887 (50 + 51 Vict. c.53.) repealed
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