A right not vested in a person living, but merely exists in the consideration and contemplation of law, is said to be in abeyance.

Explanation

(English-origin maxim.) A right that is not yet vested in any living person but exists in contemplation of law is said to be in abeyance — it is not destroyed but merely suspended until a person qualifies to receive it.

Where this applies

• A grandfather's will leaves his estate to his first grandchild, but no grandchildren have been born yet — the right to inherit exists in the contemplation of law but is in abeyance until a grandchild is born to receive it.
• A church is granted a future interest in a parcel of land that will vest only when the current owner dies without heirs — until that condition is met, the church's right exists only in legal contemplation, suspended but not destroyed.
• A trust names a beneficiary class of 'the children of my daughter,' but the daughter has no children yet — the beneficial interest is in abeyance, held in law's consideration until a qualifying person comes into existence.