absolute estate – a full, complete estate in real property wherein the owner has complete, unqualified and unconditional possession, control, dominion, and right of disposition, which descends to his heirs upon his death, if his will does not otherwise direct

     This page is continued from Property >>>> Interest >>>> Estate:

*****************************

absolute estate:
(16c)

1. A full and complete estate that cannot be defeated. [1]

1. An estate in real property of which the owner has complete, unqualified and unconditional possession, control, dominion, and right of disposition, and which descends to his heirs upon his death, if his will does not otherwise direct.
     See absolute owner; fee; fee simple.

The words “absolute estate” which appear in a will making bequests in trust as well as bequests of a full and complete interest has reference to the bequests other than those in trust. Hills v Hard, 136 Conn 536, 72 A2d 807. [2]

1. An estate in real property which is owned unconditionally and which passes to the owner’s heirs under the intestate laws if the owner fails to leave a will directing otherwise.  EXAMPLE: a fee simple estate.
     See unconditional ownership.  Compare conditional ownership. [3]

     Excerpt from G.C. Cheshire’s Modern Law of Real Property (3d ed. 1933):

     “The epithet absolute is used to distinguish an estate extended to any given time, without any condition to defeat or collateral limitation to determine [i.e. terminate] the estate in the mean time, from an estate subject to a condition or collateral limitation.  The term absolute is of the same signification with the word pure or simple a word which expresses that the estate is not determinable by any event besides the event marked by the clause of limitation. [4]

Related Terms:

absolute title (17c) An exclusive title to land; a title that excludes all others not compatible with it.  [1]

fee simple absolute – the broadest real property interest (estate in land) allowed by law; exclusive, hereditable ownership. — Often shortened to fee simple or fee. — aka fee simple absolute in possession.

References:

Disclaimer: All material throughout this website is compiled in accordance with Fair Use.

[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4

[2]: Ballantine’s Law Dictionary with Pronunciations Third Edition by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[3]:  Ballantine’s Law Dictionary Legal Assistant Edition
by Jack Ballantine 
(James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.

[4]: G.C. Cheshire, Modern Law of Real Property 54 (3d ed. 1933).

************************

Back to Forms of Qualified  (less than absolute) Ownership

Back to Various Forms of Ownership, Interest, and Estates

Back to Ownership 

Back to  Property

Home Page

Like this website?

Donate to Wild Willpower PAC
or donate via PayPal here:

 

Disclaimer: Wild Willpower does not condone the actions of Maximilian Robespierre, however the above quote is excellent!

This website is being broadcast for First Amendment purposes courtesy of

Question(s)?  Suggestion(s)?
Distance@WildWillpower.org.
We look forward to hearing from you!