I was once trying
a case against him and his partner, Judge Aldrich, where General
Devens was my associate. Devens was summing up the case,
and complaining of the conduct of some parties interested
in the estate of a deceased person. One of them was a son
of a deceased niece. There being no children, under our law,
the nephews and nieces inherit, but not the children of deceased
nephews or nieces, when there are living nephews or nieces.
General Devens, not having in his mind the legal provision
at the moment, said to the jury: "The sound of the earth on
the coffin of the old lady had scarcely ceased when one of
these heirs hurried to the probate office to get administration."
Mr. Bacon rose and interrupted him with great emotion. "He
is not an heir."
"I said," Mr. Devens repeated, "one of these heirs, Mr.
A. F."
Bacon burst into tears and said again, with a broken voice:
"He is not an heir, I say, he is not an heir."
I saw the point and whispered to Devens: "An assumed heir."
"Very well," Devens said, "an assumed heir, if my friend likes
it better.
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