American citizen. [volume] (Canton, Miss.) 1864-1890, 1878-01-19
HEIRS PRESUMPTIVE.
Interesting Reading Matter for Old Gen.
tlemen of Means.
from the New York Times.l

1t is gradually becoming a well set
tied principle in law that rich man can
not do what he pleases with his money,
or with himself, if he has heirs presump-
tive. A very rich man, if he has sons,
grandsons, nephews and nieces, should
be very unhappy. His movements are
regarded with suspicion; unless he is a
misery curmudgeon he is thought ex-
travagant, and he is placed under con-
slant surveillance lest, in a moment of
weakness, he shall ALLEVIATE property
which the heirs presumptive consider
already theirs. In imagination, they
see the old man fairly under the sod,
and the glittering accumulation of Ia
borious years in their hands. Mean
time the rightful owner and custodian of
this great wealth lags supertiuous on the
stage of life. They would not kill him,
as the laborers did the heir, in order
that the inheritance may be theirs; but
something very like murder is in their
hearts as they note the exasperating vi
tality of the rich man whose simple and
temperate habits have given him a green
old age. Why doesn't he die and cease
to be the grasshopper and burden that
he is? 1t would be better for one who
has lived to the end of the time allotted
for human earthly existence that he re-
ieved his expectant heirs of anxiety.
1t is true that he is the sturdy root of
which they are the branches. But, then,
how much more would they flourish if
the root were under ground.
This feeling of ownership in an old
persons estate finally grows into set
tied conviction. The man who accu-
mulated the coveted property ceases to
be regarded as its rightful owner. He is
an encumbrance upon it-almost an in
terloper. If he does any thing to impair
the value of his possessions Cor the
prospective possessions of his heirs) he
becomes fit subject of legal inquiry.
A younger man may waste his sub
stance in riotous living, and the world
laughs or pities until he returns with a
willingness to feed on the husks of the
swine But no old rich man with heirs
(and all old rich men have heirs) is
allowed to make fool or prodigal OF
himself. He is fortunate if those who
are waiting for dead mems shoes do not
interfere, with injunctions and other
strange processes, to compel him to live
meanly and with rigid economy, lest
their prospective wealth shall be wasted
before it reaches them. a woman Of
unsounP mind, living in her own house
and supported by the income of her OWL
estate, was lately brought into court by
an heir presumptive, in order that the
Judge might decree that she should be
turned out of her house and lodged less
extensively, and maintained in such {
frugal manner that her estate should
be augmented. The heir presumptive
having a contingent interest in the pro
perty, thought it a waste that feeble
/ minded woman should be comfortably
fed and lodged at the expense of al
estate which he expected, one day, t.
enjoy. 1t was his property that wa
being wasted in the maintenance of on
who 'sshould have died yesterday"
More wrath, jealousy, and disappoint
ment are caused by the late marriage o
rich old people than by any other even
in life. The novelists have made gooC
use of this, and fiction is full of dramati
surprises formed by introducing a young
wife or a young husband just when tn
heirs presumptive are making ready t
divide an estate. The schemers an
plotters are thrown into tableau whe
marriage certificate is produced in
stead of a will: In one of the interio
counties of this State rich widower wa
left alone in his old age by his marie
sons and daughters. Not one of ther
would receive him into their houses
not one would stay to keep him CON
pany in the family mansion. In thei
own comfortable homes they waited fo
the old man to die and let go his hol
upon his riches. He married an
brought his blooming bride to hi
desolate homestead. Instantly, th
heirs presumptive were up in arm
They invaded the house which they ha
Stunned. They camped there in brig
AIDES; and they never raised the sieg
until the prosecuted wife was driven OF
into the world again. In this case th
heirs presumptive were willing that tn
custodian of their anticipated wealt
should suffer heart-breaking lonelines
while he took care of it for them, c
that he should be generally forlorn, c
even ridiculous; but the introduction {
a companion was too much. 1t was IL
Producing a new claimant to the PROF
erty in which each had a contingent Ill
divided interest. And the man who ha
made every dollar of his money withoJ
the assistance of his heirs presumptiv'
was no longer master of bis own person
In like manner, a rich man is not pc
mitted to devise his estate as he vii
That last testament of his which used
be so sacred in the eyes of his survivor
is no longer his "will'' Hardly wa
he allowed to do with his pro-
erty as he would while he lived. Ha
he been poor, he might have marie
ridiculously, or have played the dotarC
without reproach or hindrance. But {
he was rich, in his lifetime he was undo
the constant tutelage of his heirs pr
sumptive. Now he is dead, the test
ment which he executed in the vigor
health brings rage and dismay to h
heirs presumptive. No matter if it be
reflex of the testator's life, giving muc
money to churches, art schools, or il
dustrial enterprises. The men and w