Gift Of Absolute Ownership
Testator leaves a watch to Alice. The will creates absolute ownership in Alice, an interest unlimited in duration with no remainder or executory interest attached.
Also known as: absolute ownership · absolute dominion doctrine
Written by attorneys · grounded in primary & secondary sources — see below
A present interest in personal property that is unlimited in duration and therefore never followed by a future interest.
Select any source to read its text and confirm it supports the definition.
Testator leaves a watch to Alice. The will creates absolute ownership in Alice, an interest unlimited in duration with no remainder or executory interest attached.
Settlor attempts to tie up shares of stock for three lives in being. The absolute ownership doctrine forbids suspension beyond two lives, rendering the limitation void.
Donor transfers rare coins to a minor with no conditions. The transfer immediately vests absolute ownership, an interest that cannot be cut short by any future limitation.
Grantor conveys paintings to a museum. Because absolute ownership passes, the deed cannot reserve any remainder or executory interest after the museum's estate.
Will leaves jewelry to a child who is born after the testator dies. Absolute ownership begins at birth and the minority period counts as part of the measuring life for suspension rules.
Owner of corporate bonds dies leaving them outright to heirs. The heirs receive absolute ownership, an interest that continues indefinitely without any durational limit.
It is the present interest in personal property that is unlimited in duration and never followed by a future interest.
It may not be suspended longer than during the continuance of not more than two lives in being at the date of the instrument, or at the death of the testator if by will.
No. Because the interest is unlimited in duration, it is never followed by a future interest.
…"Nor can it make any difference that the right is purchased previous to the passage of the by-law," for "[e]very right, from an absolute ownership in property, down to a mere easement, is purchased and holden subject to the restriction, that it shall be so exercised as not to injure others. Though, at the time, it be remote and…