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ABATEMENT

abatement (<<schwa>>-bayt-m<<schwa>>nt), n.1. The act of eliminating or nullifying
<abatement of a nuis-ance> <abatement of a writ>. [C.J.S. Nuisances §§ 86–89.] 2. The
suspension or defeat of a pending action for a reason unrelated to the merits of the claim <the
defendant sought abatement of the suit because of misnomer>. See plea in abatement under PLEA.
[Cases: Abatement and Revival 58.]
“Although the term ‘abatement’ is sometimes used loosely as a substitute for ‘stay of
proceedings,’ the two may be distinguished on several grounds. For example, when grounds for
abatement of an action exist, the abatement of the action is a matter of right, but a stay is granted
in the court’s discretion. And in proper circumstances a court may stay a proceeding pending the
outcome of another proceeding although a strict plea in abatement could not be sustained.” 1 Am.
Jur. 2d Abatement, Survival, and Revival § 3 (1994).
3. The act of lessening or moderating; diminution in amount or degree < abatement of the
debt>.4.Wills & estates. The reduction of a legacy, general or specific, as a result of the estate’s
being insufficient to pay all debts and legacies <the abatement of legacies resulted from the
estate’s insolvency>. Cf. ADEMPTION. [Cases: Wills 804–818.] 5.Archaic. The act of thrusting
oneself tortiously into real estate after the owner dies and before the legal heir enters <abatement
of freehold>. — Also termed (in sense 5) abatamentum. — abate,vb. — abat-able,adj.

[Blacks Law 8th]