effects

property or worldly substance." When it is accompanied, in'a will, by words of narrow sr import, the bequest, if not residuary, may be confined to species of property ejusdem generis with those previously described..

Property, or worldly substance. As thus used, it denotes property in a more extensive sense than goods. 2 Sharswood, Bl. Comm. 284; 223 111. 538. It includes all kinds of personalty (9 "West. Rep. 403), unless limited by context (13 Ves. 89). Whether or not it includes realty depends on the context. In 89 N. C. 447, it was held to include realty. Contra, 15 Mees. & W. 450.

Property, or worldly substance. As thus used, it denotes property in a more extensive sense than goods. 2 Bla. Com. 284. See The Alpena, 7 Fed. 361. Indeed the word may be used to embrace every kind of property, real and personal, Including things in action; as, a ship at sea; Welsh v. Parish, 1 Hill (S. C.) 155; a bond; Ba nning v. Sibley, 3 Minn. 389 (Gil. 2S2); 16 East 222; shares of capital stock; Union Nat Bank v. Byram, 131 111. 92, 22 N. E. S42. In a will, "effects" may carry the whole personal estate; 5 Madd. 72; 15 Ves. 507; but not real estate; Andrews v. Applegate, 223 111. 535, 79 N. E. 170, 12 L. R. A. (N. S.) 661, 7 Ann. Cas. 120; Appeal of Price, 169 Pa. 294, 32 Atl. 4r>.">; unless the word "real" be added; 15 M. & W. 450; Foxall v. Me Kenney, 3 Cranch C. C. 206, Fed. Cas. No. 5,016; Sehouler, Wills § 509. "Effects either real or personal," in the residuary clause of a will, have been held to embrace real estate; 22 L. J. Ch. N. S. 230; Page v. Foust, 89 N. C. 447. When preceded or followed in a will by words of narrower import, if the bequest is not residuary, it will be confined to species of property of the same kind (ejusdem generis) with those previously described; 13 Ves. 39; Rop. Leg. 210. See 2 Sharsw. Bla. Com. 384, n. Generally speaking the word "effects" in a will, is equivalent to "property" or "worldly substance"; but the interpretation may be restricted to articles ejusdem generis with those previously enumerated or specified; 1 Ves. Jr. 143; 15 Ves. 500. When "the effects" passes realty, and when personalty, in a will, see 1 Jarin. Wills 585, 590; Ennis v. Smith, 14 How. (U. S.) 400, 420, 14 L. Ed. 472; 1 Cowp. 307; L. R. 8 Ch. Div. 501; Will. In a treaty between the United States and the Netherlands, "effects" was held to include real estate; Dowd v. Sea well, 14 N. C. 188; and in a treaty between Sweden and the United States "fonda et Oien*" (translated goods and effects) was held to embrace all kinds of property; Adams v. Akerlund, ty only in Meier v. Lee, 106 la. 303, 70 N. W. 712.

Personal estate or property, — in wills, equivalent to property, or wordly substance, and if used simp Uoiter, will carry the whole personal estate, but the construction may be controlled by the context law. house-break-

Personal estate or property. This word has been held to be more comprehensive than the word “goods,” as Including fixtures, which “goods” will not include. 7 Taunt. 188; 4 J. B. Moore, 73; 4 Barn. & A. 206. In wills. The word “effects” is equivalent to “property,” or “worldly substance,” and, if used stmplictter, as ina gift of “all my effects,” will carry the whole personal estate. Ves. Jr. 507; Ward, Leg. 209. The addition of the words “real and personal” will extend it so as to embrace the whole of the testator’s real and personal estate. Cowp. 299; 3 Brown, Parl. Cas. 388. This is a word often found in wills, and, being equivalent to “property,” or “worldly substance,” its force depends greatly upon the association of the adjectives “real” and “personal.” “Real and personal effects” would embrace the whole estate; but the word “effects” alone must be confined to personal estate simply, unless an intention appears to the contrary. Schouler, Wills, § 509. See 1 Cowp. 304. Eiffectus sequitur cansam. Wing. 226. The effect follows the cause.

A word of extensive import, frequently used in wills as a synonym for personal estate. In Hogan v., Jackson, 1 Cowp. 304 (1774), Lord Mansfield considered it synonymous with " worldly substance," which means whatever can be turned to value, and therefore that " real and personal effects " means all a man's property. - ' Mount Hermon Boys' School v. Gill, 145 Mass. 146 (1887), Knowlton, J. » Powell V. Board of Education, 97 IlL 375 (1881). » 1 Bl. Com. 450. < Laws of Prov. of Penn., Ch. CXU (1682): Linn, 142. s Maize u State, 4 Ind. 348 (1863). In admiralty, includes Bhips.^ I In a will, may include any personalty whatever, and even realty. ^ Construed to include land where it can be collected from the will that such was the testator's intention.^ Used indefinitely in a will, but, in connection with something particular and certain, is limited by association to other things of a like kind. From the subjectmatter, intention of something else may be implied; and that may be larger or less.*

Personal estate or property. This word has been held to be more comprehensive than the word goods, as including fixtures, which "goods" will not include. 7 Taunt. 188. 4 J. B. Moore, 73. 2 B. & A. 206. 2 Chitt. Bl. Com. 384, note. In wills the word effects is equivalent to property, or worldly substance, and if used simpliciter, as in a gift of "all my effects," will carry the whole personal estate. 15 Vesey, Jr. 507. Ward on Legacies, 209. The addition of the words "real and personal," will extend it so as to embrace the whole of the testator's real and personal estate. Cowp. 299. 3 Bro. P. C. 388. The word "effects," however, without the word "real" will not, proprio vigore, comprehend land, though followed by the words "of what nature, kind or quality soever." 2 Powell on Dev. (by Jarman,) 167. 2 M. & S. 448. 15 Mees. & W. 460. See 13 Vesey, Jr. 39.