Law [a. Anglo-Fr. abat-re, earlier enbatre, embatre (see A- pref. 10), in the legal phr. se enbatre or abatre en (Britton) to thrust oneself forcibly into, f. en in, into + batre to beat; see ABATE v.1 Subseq. confused with the prec. both in Anglo-Fr. and Eng.; the law-books treat it as the same word.] To intrude or thrust oneself forcibly or tortiously into a tenement between the death of the owner and the accession of the legal heir. a. refl. (early instances are wanting).
1865. Nichols, trans. Britton, III. i. 2, II. 2. Because a person that has no right may immediately after the death of any one abate himself into the inheritance of the right heir, and keep out the heir and chief lord of the fee [Fr. sei enbatre en le heritage]. Ibid., II. xx. 4. I. 336. He by his own force abated himself into the tenement [Fr. se abaty en cel tenement].
b. intr. (by omission of refl. pron. in late Anglo-Fr., or ME. The ordinary construction since 6.)
1528. Perkins, Profitable Booke, v. § 335. 144. If a man seised of three acres in fee taketh a wife and dyeth and a stranger abate in one of the acres.
1629. Coke, First Pt. of Inst., 277. Betweene the death and the entry of the heire, an estranger doth interpose himselfe, and abate [Fr. et an estraunge abate].
1809. Tomlins, Law Dict., s.v. He that steps in between the former possessor and his heir is said to abate; he is called an abator, and this act of intrusion or interposition is termed an abatement.
