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Chattel

chattels, personal, coke and real

CHATTEL (Norm. Fr. goods, of any kind). Every species of property, movable or immovable, which is less than a free hold.

In the Grand Coustumier of Normandy it is described as a mere movable, but is set in oppo sition to a fief or feud; so that not only goods, but whatever was not a feud or fee, were accoun`ed chattels; and it is in this latter sense that our law adopts it. 2 Blackstone, Comm. 385.

2. Real chattels are interests which are annexed to or concern real estate: as, a lease for years of land. And the duration of the lease is immaterial, whether it be for one or a thousand years, provided there be a certainty about it and a reversion or remainder in some other person. A lease to continue until a certain sum of money can be raised out of the rents is of the same description ; and so in fact will be found to be any other interest in real estate whose duration is limited to a time certain beyond which it cannot subsist, and which is, therefore, something less than a freehold.

Personal chattels are properly things mova ble, which may be carried about by the owner; such as animals, household stuff, money, jewels, corn, garments, and every thing else that can be put in motion and transferred from one place to another. 2 Kent, Comm. 340 ; Coke, Litt. 48 a; 4 Coke, 6 ; 5 Mass. 419 ; 1 N. H. 350.

3. Chattels, whether real or personal, are

treated as personal property in every respect, and, in case of the death of the owner, usually belong to the executor or administrator, and not to the heir at law. There are some chat tels, however, which, as Chancellor Kent ob serves, though they be movable, yet are ne cessarily attached to the freehold; contribut ing to its value and enjoyment, they go along with it in the same path of descent or aliena tion. This is the case with deeds, and other papers which constitute the muniments of title to the inheritance; the shelves and family pictures in a house ; and the posts and rails of an enclosure. It is also understood that pigeons in a pigeon-house, deer in a park, and fish in an artificial pond, go with the inherit ance, as heir-looms, to the heir at law. But fixtures, or such things of a personal nature as are attached to the realty, whether for a temporary purpose or otherwise, become chattels, or not, according to circumstances. See FIXTURES; 2 Kent, Comm. 342; Coke, Litt. 20 a, 118; 12 Price, Exch. p. 163 ; 11 Coke, 50 b; 1 Chitty, Pract. 90; 8 Viner, Abr. 296 ; 11 id. 166 ; 14 id. 1C9 ; Bacon, Abr. Baron, etc. C 2; Dane, Abr. Index ; Comyns, Dig. Biens, A; Bouvier, Inst. Index.