21-638: Lord Clifford may refer to: Baron Clifford Baron Clifford of Chudleigh Baron de Clifford Topics referred to by the same term [REDACTED] This disambiguation page lists articles associated with the title Lord Clifford . If an internal link led you here, you may wish to change the link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=Lord_Clifford&oldid=932969271 " Categories : Disambiguation pages Title and name disambiguation pages Hidden categories: Short description
42-520: A seat in the House of Lords during his father's lifetime via a writ of acceleration . However, it would later be determined that the barony had in fact passed to his niece, Lady Anne Clifford . The summons of 1628 therefore unintentionally created a new barony , held by Henry. In 1641, on his father's death, Henry inherited the earldom of Cumberland , which became extinct upon his own death in 1643. Henry's only child, Lady Elizabeth Clifford, succeeded to
63-532: Is different from Wikidata All article disambiguation pages All disambiguation pages Baron Clifford Baron Clifford is a title in the Peerage of England created by writ of summons on 17 February 1628 for Henry Clifford , the heir of Francis Clifford, 4th Earl of Cumberland . Francis was believed to hold the Barony de Clifford , created in 1299, which could therefore be used to give Henry
84-459: 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
105-491: The Old French abeance meaning "gaping") is a state of expectancy in respect of property , titles or office, when the right to them is not vested in any one person, but awaits the appearance or determination of the true owner. In law , the term abeyance can be applied only to such future estates as have not yet vested or possibly may not vest. For example, an estate is granted to A for life, with remainder to
126-640: The Peerage of England , which allowed him to sit in the Lords. Boyle was created Earl of Burlington in 1664. The 1628 and 1644 Clifford baronies remained with the Earls of Burlington and Cork until the death of the 3rd and last Earl of Burlington in 1753, when the earldom of Burlington and the Clifford of Lanesborough barony (i.e. the 1644 creation) became extinct. The 1628 Clifford barony then devolved upon Charlotte Cavendish, Marchioness of Hartington , wife of
147-497: The 1628 Clifford barony in her own right (although, as was customary in those days, she never made claim to it). In 1635, Elizabeth had married Richard Boyle , the heir of Richard Boyle, 1st Earl of Cork . The younger Boyle inherited his father's titles in 1643, but was unable to sit in the English House of Lords as they were all in the Peerage of Ireland . In 1644 he was therefore created Baron Clifford of Lanesborough in
168-585: 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. Abeyance can be used in cases where parties are interested in temporarily settling litigation while still holding
189-511: 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
210-503: The club. With this arrangement, the anti-abortion club held on to its right to immediately reopen the case again should the UVSS deny resources to the club in the future, and the UVSS was able to avoid an expensive legal battle it did not have the will to pursue at the time. Thus, the use of abeyance provided the security of a settlement for the anti-abortion campus club, while preserving the student society's voting membership's ability to take
231-403: 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
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#1732790690287252-478: The dignity as a matter of right, and the abeyance is said to be terminated. On the other hand, the number of prospective heirs can grow quite large, since each share potentially can be divided between daughters, where the owner of a share dies without leaving a son. A co-heir may petition the Crown for a termination of the abeyance. The Crown may choose to grant the petition, but if there is any doubt whatsoever as to
273-578: The dispute to court. For example, abeyance was used as a settlement method in a Canadian lawsuit involving the University of Victoria Students' Society (UVSS), the British Columbia Civil Liberties Association , and a campus anti-abortion club to whom the UVSS denied funding. The parties agreed to settle the lawsuit by holding the case in abeyance in return for the UVSS temporarily giving resources back to
294-454: The eighth Baron De La Warr had three surviving sons; the first died without children, the second left two daughters, and the third left a son. In modern law, the title would have fallen into abeyance between the two daughters of the second son, and nobody else would have been able to claim it even if the abeyance were settled; however, in 1597, the grandson of the third son (whose father had been re-created Baron De La Warr in 1570) claimed
315-495: The future 4th Duke of Devonshire . The barony was held by the Dukes of Devonshire until the death of William Cavendish, 6th Duke of Devonshire in 1858, since when it has been in abeyance . Current co-heirs to the barony are George Howard, 13th Earl of Carlisle (heir of the 8th baron's sister Georgiana ) and Fergus Leveson-Gower, 6th Earl Granville (heir of the 8th baron's sister Harriet ). Abeyance Abeyance (from
336-405: The heir of B. Following A's death, if B is still alive, the remainder is in abeyance, for B has no heirs until B's death. Similarly, the freehold of a benefice , on the death of the incumbent , is said to be in abeyance until the next incumbent takes possession. The term hold in abeyance is used in lawsuits and court cases when a case is temporarily put on hold. The most common use of
357-533: The matter back to court should they choose in the future to deny resources to the club. Other court cases may be held in abeyance when the issue may be resolved by another court or another event. This saves time and effort trying to resolve a dispute that may be made moot by the other events. During lawsuits related to the Patient Protection and Affordable Care Act after the Supreme Court of
378-532: The pedigree of the petitioner, the claim is normally referred to the Committee for Privileges . If the claim is unopposed, the committee will generally award the claim, unless there is evidence of collusion , the peerage has been in abeyance for more than a century, or the petitioner holds less than one-third of the claim. This doctrine is a 17th-century innovation, although it is now applied retrospectively for centuries. It cannot be applied perfectly; for example,
399-439: The right to seek relief later if necessary. This may be considered a desirable outcome in cases where the party to the lawsuit is an organization with a transient membership and political perspective. The use of abeyance in such instances can allow such an organization to 'settle' with the party without officially binding its actions in the future, should a new group of decision makers within the organization choose to pursue taking
420-455: 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
441-667: The title and its precedence. In 1604, the Baron le Despencer case was the first peerage abeyance ever settled; the second was at the Restoration in 1660. Most subsequent abeyances (only a few dozen cases) were settled after a few years, in favour of the holder of the family properties; there were two periods in which long-abeyant peerages (in some cases peerages of doubtful reality) were brought back: between 1838 and 1841 and between 1909 and 1921. The Complete Peerage reports that only baronies have been called out of abeyance, although
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