Goods And Chattels

In Contracts. A term which includes not only personal property in possession, but choses in action and chattels real, as a lease for years of house or land, or emblements. 12 Coke, 1; 1 Atk. 182; Co. Litt. 118; 1 Russ. 376. In Criminal Law. Choses in action, as bank notes, mortgage deeds, and money, do not fall within the technical definition of "goods and chattels." And if described in an indictment as "goods and chattels," these words may be rejected as surplusage. 4 Gray. (Mass.) 416; 3 Cox, C. C. 460; 1 Den. C. C. 450; 1 Dears. & B. C. C. 426; 2 Zab. (N. J.) 207; 1 Leach, C. C. 241 (4th Ed. 468). See 5 Mason (U. S.) 537. In Wills. If unrestrained, these words will pass all personal property. Williams, Ex'rs, 1014 et seq.. Am. notes. See Add. Cont. 31, 201, 912, 914.

In Contracts. A term which Includes not only personal property in possession, but choses in ac);ion and chattels real, as a lease for years of house or land, or emblements. 12 Co. 1; 1 Atk. 182; Co. Litt. 118; 1 Russ. 376; see Kirkland v. Brune, 31 Gratt. (Va.l 131; It Includes railroad ties; Russell v. By. Co., 39 Minn. 145, 39 N. W. 302. A merchant’s stock in trade is “goods and chattels permanently located," provided such goods and chattels are taxable in the city or county where they are so located; Hopkins V. Baker, 78 Md. 363, 28 Atl. 284, 22 L. R. A. 477. In Criminal Law. Choses in action, as bank notes, mortgage deeds, and money, do not fall within the technical definition of “goods and chattels.” And if described in an indictment as goods and chattels, these words may be rejected as surplusage; Eastman V. Com., 4 Gray (Mass.) 416; State v. Calvin, 22 N. J. Law 207; 3 Cox, Cr. Cas. 460; 1 Den. Cr. Cas. 450; 1 Dearsl. & B. 426; 1 Leach 241, 4th ed. 408. See U. S. v. Moulton, 5 Mas. (U. S.) 537, Fed. Cas. No. 15,827. In Wills. If unrestrained, thpse words will pass all personal property; Wms. Ex. 1014 Am. notes. See 1 Jarm. Wills 751; Add. Contr. 31, 201, 912; Beach, Wills 470.

This phrase is a general denomination of personal property, as distinguished from real property; the term "chattels" having the effect of extending its scope to any objects of that nature which would not properly be included by the term "goods" alone, e. p., living animals, emblements, and fruits, and terms under leases for years. The general phrase also embraces choses in action, as well as personalty in possession. In wills. The term "goods and chattels" will, unless restrained by the context, pass all the personal estate, including leases for years, cattle, corn, debts, and the like. Ward, Leg. 2O8, 211.

Defined under Goods in Black's Law Dictionary.

[L. Lat. bona et catalla; L. Fr. biens et chateux,] A phrase very commonly used to designate personal property; the word chattels serving to extend its application to subjects which the word goods alone would not embrace. It includes not only personal property in possession, but also choses in action, and by force of the word chattels, all animate as well as inanimate property, emblements and other vegetable productions, and leases for years of houses or lands. 12 Co. 1. 1 Atk. 182. 1 Chitt. Gen. Pr. 89, 90. In wills, the term goods and chattels will, unless restrained by the context, pass all the personal estate, including leases for years, cattle, corn, debts and the like. Ward on Legacies, 208, 211.