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Updated: July 26, 2025
There was no disagreement about the personalty, but the son's claim to the land was disputed, though suit was not brought against him till 1723. The litigation began in Boston, but was soon transferred to New London, where, in July, 1724, Lechmere petitioned for an account.
Excluded, as they were, not merely from social and political privileges, but from the most ordinary civil rights, denied altogether the right of ownership of real property, and restricted in the possession of personalty, is it any wonder that they are not to-day in the van of industrial and commercial progress?
Thus, though the Roman Res Mancipi included a number of moveable articles of great value, still the most costly jewels were never allowed to take rank as Res Mancipi, because they were unknown to the early Romans. In the same way chattels real in England are said to have been degraded to the footing of personalty, from the infrequency and valuelessness of such estates under the feudal land-law.
When my old and true friend, Stephen Strong, died on the night of my election, it was found that he was even richer than had been supposed, indeed his personalty was sworn at 191,000 pounds, besides which he left real estate in shops, houses and land to the value of about 23,000 pounds.
But, in all these cases, the litera scripta has been but the closing act, the signing of the name to History's bead-roll of passing greatness, the testamentum of the old soldier whose personalty is worth bequeathing to the world. The work before us, although of great value and present importance, is of a very different character; as a glance at the circumstances which produced it will show.
This section, therefore, implies property in personalty; because a man cannot steal land; but it never occurred to them to pass a law saying that there shall be private property, because that was the unwritten law that they were all supposed to know.
"And free and happy and alive! no, nothing!" At that he could only draw her to him again. She herself must needs bring him back to the point. "You have decided?" "I could of course refuse the succession. That would throw the whole property into Chancery; the personalty would go to the mother and daughter, the real estate to whatever legal heirs could be discovered.
No good reason can be shown why the process should not be applied to personalty and to debts as well as to land. This was the doctrine indorsed at the polls in New York in November 1886 by 68,000 voters. Nor can there be much doubt that it would have been indorsed by the few thousand more votes needed to defeat Mr. Hewitt, the actual Mayor of New York, and to put Mr.
"Then, if you have none but distant relatives, the law leaves you free to dispose of both personalty and real estate as you please, so long as you bequeath them for no unlawful purpose; for you must have come across cases of wills disputed on account of the testator's eccentricities.
Thus, the Res Mancipi of Roman Law included not only land, but slaves, horses, and oxen. Scottish law ranks with land a certain class of securities, and Hindoo law associates it with slaves. English law, on the other hand, parts leases of land for years from other interests in the soil, and joins them to personalty under the name of chattels real.
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