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

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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.