Legal Dictionary
Main Entry:
abatePronunciation:
&-'bAtFunction:
verbInflected Forms:
abat·ed;
abat·ingEtymology: Old French
abattre, literally, to knock down, from
a-, prefix stressing result +
battre to beat
transitive verb
1 a : to put an end to or do away with <
abate a nuisance>
b : make void
: NULLIFY <
abate an action>
2 : to reduce in amount esp. proportionately <
abate a tax> intransitive verb
1 : to become defeated or become null or void
abate —Federal Rules of Appellate Procedure Rule 43>
2 : to decrease in amount or value abated proportionately>
NOTE: A problem arises in estate law when the amount of the bequests and devises made in a will exceeds the assets available in the estate. In such a case, some or all of the bequests and devises may have to be abated to make up the deficit. Under the Uniform Probate Code, property in the estate that is not specifically given under the will abates first, residuary devises abate second, general devises abate third, and specific devises abate last.