Also known as: personal estates · personal property · personalty
Written by attorneys · grounded in primary & secondary sources — see below
Tangible and intangible property other than real property. It encompasses chattels, choses in action, and other interests in or claims to wealth that are capable of being possessed and that have value.
Select any source to read its text and confirm it supports the definition.
Pierce Patterson left several power tools valued at $800 inside a locked shed on a construction site. Gabriel climbed the fence, forced the shed door, and loaded the tools into his truck intending to keep them permanently. The tools qualify as personal estate because they are tangible items capable of possession and having value, supporting a larceny charge once taken with the required intent.
Pamela Phillips stored valuable paintings in a warehouse while under investigation for smuggling. Federal agents seized the paintings without prior notice because they could be quickly removed or hidden. The paintings constitute personal estate subject to forfeiture, allowing pre-hearing seizure when circumstances justify it.
Phoebe Park granted a security interest to Pacific Bank using a financing statement that described the collateral as all of her personal property. The bank later sought to enforce the interest against specific equipment. The broad description fails to reasonably identify the collateral and therefore does not create an enforceable security interest in the personal estate.
Paula Pierce held a rare book collection under a contract requiring her to transfer it to Penelope Price upon payment. Penelope later told Paula that she no longer wanted the books and released Paula from the duty. The release discharges the duty without consideration because it concerns identified personal estate in Paula's possession.
Priscilla Parks died leaving jewelry and investment accounts but no will provision directing otherwise. The appointed personal representative demanded delivery of the jewelry from the heirs who had taken it home. The representative has the right and duty to take possession or control of the personal estate to administer the estate.
Peak Performance, a manufacturing corporation, purchased specialized machinery from a supplier to expand its operations. The board approved the acquisition as part of its ordinary business powers. The machinery is personal estate that the corporation may lawfully acquire, own, and use under its statutory authority.
Personal estate consists of tangible items capable of being possessed and having value. Real property and its fixtures cannot be the subject of larceny at common law. Once severed from the land and reduced to possession as personal estate, however, the item may become the subject of larceny.
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Yes. Because personal estate can be quickly removed, hidden, or destroyed, due process permits seizure before a hearing when justified by the circumstances, provided later procedural safeguards are available.
…decision, as I shall endeavor to show, are these: — 1. A sovereign State must necessarily have such control over the real and personal property actually being within its limits, as that it may subject the same to the payment of debts justly due to its citizens. 2. This result is not altered by the circumstance that the owner of…
…every State and Territory, as is enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold, and convey real and personal property.”[^maj-9] This Court has given specific recognition to the same principle. Buchanan v. Warley , 245 U.S. 60 (1917). It is likewise clear that restrictions on the right of occupancy of…
…$1,000 ceiling only to the extent that they do not exceed $500. These expenses are expressly limited to (1) "the use of real or personal property and the cost of invitations, food, and beverages, voluntarily provided by an individual to a candidate in rendering voluntary
…writers, observed that "[j]ust as a man may commit felony by slaying another so may he do so by slaying himself." The real and personal property of one who killed himself to avoid conviction and punishment for a crime were forfeit to the King; however, thought Bracton, "if a man slays himself in weariness of life or because he is…
…damages or destroys, or attempts to damage or destroy, by means of fire or an explosive, any building, vehicle, or other real or personal property used in interstate or foreign commerce or in any activity affecting interstate or foreign commerce shall be imprisoned for not less than 5 years and not more than 20 years, fined under this…
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No. A description of collateral as all the debtor's personal property or using similar broad language does not reasonably identify the collateral and therefore fails to create an enforceable security interest.
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A duty of an obligor in possession of identified personal estate to transfer an interest in that property is discharged without consideration if the obligee manifests assent to the discharge.
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Except as otherwise provided by will, the personal representative must take possession or control of the decedent's personal estate. The representative may leave tangible personal property with a person presumptively entitled to it unless possession is necessary for administration.
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Yes. A corporation has the power to purchase, receive, lease, or otherwise acquire, and to own, hold, improve, use, and otherwise deal with real or personal property or any legal or equitable interest in property.
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