DISCONTINUANCE

discontinuance (dis-k<<schwa>>n-tin-yoo-<<schwa>>nts), n.1. The termination of a lawsuit

by the plaintiff; a voluntary dismissal or nonsuit. See DISMISSAL; NONSUIT(1); judgment of
discontinuance under JUDGMENT. [Cases: Federal Civil Procedure 1691; Pretrial Procedure
501. C.J.S. Dismissal and Nonsuit 27, 910, 12, 1416, 24.] 2. The termination of an
estate-tail by a tenant in tail who conveys a larger estate in the land than is legally allowed. [Cases:
Estates in Property 12.C.J.S. Estates 2227.]
Such is ... the injury of discontinuance; which happens when he who hath an estate-tail,
maketh a larger estate of the land than by law he is entitled to do: in which case the estate is good,
so far as his power extends who made it, but no farther. As if tenant in tail makes a feoffment in
fee-simple, or for the life of the feoffee, or in tail; all which are beyond his power to make, for that
by the common law extends no farther than to make a lease for his own life: the entry of the
feoffee is lawful during the life of the feoffer; but if he retains the possession after the death of the
feoffor, it is an injury, which is termed a discontinuance; the ancient legal estate, which ought to
have survived to the heir in tail, being gone, or at least suspended, and for a while discontinued. 3
William Blackstone, Commentaries on the Laws of England 17172 (1768).
DISCONTINUEE
discontinuee,n. A person whose acquisition of an entailed estate causes a discontinuance of
the fee tail heirs' right to the estate. Cf. DISCONTINUOR.
DISCONTINUING EASEMENT
discontinuing easement. See discontinuous easement under EASEMENT.
DISCONTINUOR
discontinuor,n. A tenant in tail whose conveyance of the entailed estate causes a
discontinuance. Cf. DISCONTINUEE.
DISCONTINUOUS EASEMENT
discontinuous easement. See EASEMENT.
DISCONTINUOUS SERVITUDE
discontinuous servitude. See discontinuous easement under EASEMENT.
DISCONVENABLE
disconvenable (dis-k<<schwa>>n-vee-n<<schwa>>-b<<schwa>>l), adj.[Law French]
Archaic. Unfit; improper.