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.
