"Absolute or Fee Simple Estate" Defined

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An absolute or fee simple estate is one in which the owner is entitled to the entire property with unconditional power of disposition during his life and which descends to his heirs and legal representatives upon his death intestate.

(Orig. Code 1863, § 2226; Code 1868, § 2220; Code 1873, § 2246; Code 1882, § 2246; Civil Code 1895, § 3081; Civil Code 1910, § 3657; Code 1933, § 85-501.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 28 Am. Jur. 2d, Estates, § 12 et seq.

C.J.S.

- 31 C.J.S., Estates, §§ 7, 8.

ALR.

- Validity and effect of contract or deed which purports to cover or convey an undivided interest in land without specifying the amount of the interest, 123 A.L.R. 912.

Construction of deed of undivided interest in land, as to fractional interest in oil, gas, or other minerals, or in royal reserved or excepted, 163 A.L.R. 1132.

Gift or grant in terms sufficient to carry the whole property absolutely as so operating where followed by a purported limitation over of property not disposed of by the first taker, 17 A.L.R.2d 7.

Validity of restraint, ending not later than expiration of a life or lives in being, on alienation of an estate in fee, 42 A.L.R.2d 1243.

Conveyance of "right of way," in connection with conveyancing of another tract, as passing fee or easement, 89 A.L.R.3d 767.


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