Property 155 



erty. It includes chattels, goods, notes, bonds, 

 debts, rights of action, etc. Any species of real 

 property, as stone, minerals, trees, etc., upon 

 separation from the soil itself, becomes under 

 all ordinary circumstances personal property and 

 subject to its law. Therefore, in making a sale 

 of such property, or a contract in relation 

 thereto, the reader must determine whether the 

 subject is to be considered as a part of the land 

 and unsevered from it, or whether the con- 

 tract contemplates by its terms a severance from 

 the soil. If the former, then it is a sale or con- 

 tract relating to land and must be by deed, or a 

 contract for its sale must be written, no matter 

 what the value. If the latter, a contract for its 

 sale need not be written unless it is of the 

 value of fifty dollars or more, as is hereinafter 

 explained. 



The differences between these two kinds of 

 property are, briefly: Realty goes to the heirs, 

 while personalty goes to the next of kin of a 

 decedent. These may or may not be the same 

 persons. A wife has, in many states, a dower 

 right of a life -interest in one- third of her hus- 

 band's realty, which he cannot deprive her of 

 by deed or will. But he may by sale, will or 

 gift deprive her of any interest in his personalty; 

 though, if he do not do so, she will be entitled 

 to a share in that, also, upon his death. 



