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Absolute

A Dictionary of Law · William C. Anderson · 1889

A Dictionary of Law

* Exclusive; without condition or incumbrance; complete; perfect; final; opposed to conditional, qualified, relative: as. Absolute or an absolute — acceptance, alienation, allegiance, bail, bond, confirmation, conveyance, decree, delivery, divorce, estate, fee, guaranty, nullity, ownership, possession, privilege, property, right, rule, sale, waiver, warranty, qq. v. Absolute means complete, unconditional, not relar tive, not limited, independent of anything extraneous. In the sense of " complete, not limited," distinguishes an estate in fee from an estate in remainder. In the sense of " imoonditional," describes a bond, a conveyance, or an estate without condition. In the sense of " not relative," describes the rights of a man in a state of nature, as contradistinguished from those which pertain to him in his social relations. Characterizes a pure estate, unmixed and unconnected with any peculiarities or aualiflcations; a naked estate, freed from every qualification and restriction, in the donee- Thus, it may describe an estate given to a married > Fitch V. Waite, 5 Conn. 121 (1823).

2 Morris v. Bienvenu, 30 La. An. 880 (1878): Civ. Code, art.

3556. woman, without the exclusion of the husband, in distinction from an estate qualified with that exclusion. The most usual acceptation, when used of estates, is, not independent, but the opposite of partial or Conditional.^ Absolute is often used as the opposite of "conditional " and in the same sense as " perfect." It signifies without any condition or incumbrance.' That is an absolute interest in property which is so completely vested in the individual that he can by no contingency be deprived of it without his own consent. " Absolute " may be used synonymously with "vested," and as contradistinguished from contingent or conditional; as in speaking Of the absolute property of an assured.'