HEINTZELMAN, SAMUEL P. b. Penn., 1805; graduated at West Point, served on the northern frontier in the Florida war and in the war with Mexico, and later in Cali fornia and on the Texas frontier chiefly against the Indians. In 1861 he was made col.. and assigned to duty in Washington. The same year he was appointed hrig.gen. of volunteers and commanded at Alexandria, Va. He tics wounded in the first battle of Bull Run. In 1862 lie commanded the army corps before Yorktown, and was engaged in the battle of Williamsburg. Promoted to maj.gen., he was in the Fair Oaks and the seven days' conflict, and in the second Bull Run battle, as well as at Chantilly. He commanded the defenses at Washington, and in 1861 assumed the command of the northern department, Ohio, Michigan, Indiana, and Illinois, and in the autumn of 1865 was mustered out of the volunteer service. Early in 1869 he was retired from duly, with the rank of maj.gen. in the regular army.
REM, in Scotch law, is often used in a loose sense to denote the persons entitled to succeed to the heritable as well as to the movable estate. In Scotland the same rule exists as in England, that if a person do not by deed mortis causa (which operates like an English will) dispone or convey his estate to sonic other person, the law points out who is to take such estate, and that person is the heir-at-law. The rules by which the heir to heritable estate in Scotland is pointed out differ considerably from the English rules. These rules are the same as to the descendants of the deceased person A. But after A's descendants are exhausted, differences begin, for then it is not the falter, nor yet the eldest brother of A, but the next younger brother of A, who next succeeds; then the next younger again, until the youngest brother; after whom and his descendants comes A's next elder brother; and so on upwards to the eldest brother of all. In Pater son's Compendium of English and Scotch Late, the different order of succession in both countries is shown in a map. There was a difference in Scotland as regards heritable estate which had been purchased by a person (in which case it was called conquest), and who died leaving brothers both elder and younger: in such case, contrary to the general rule, the estate went first to the next elder brother. But after 1874 this dis tinction was abolished. In Scotland, when females succeed equally, they are called heirs-portionert (q.v.). In Scotland, though not in England. the mother never succeeds in any event, or any relatiVes, except brothers and sisters german, W1M trace through her.
There was an important difference in Scotland as to the vesting of the heritable estate of a deceased person. At the death of the owner, his heritable estate did not immediately vest in the heir, but lay in an intermediate state, then called the haredita,s Peens, and the person entitled to be the heir had to be served heir, or make up his titles, and enter to the estate. This was altered iu 1874, and the estate now vests at once upon the death of the last owner, 37 and 38 Viet. c. 94, s. 9. The general rule also exists in Scotland, that the heir-at-law takes the estates subject to his ancestor's debts; indeed, he used to be liable for all the debts, though far exceeding the property left, provided that he did not take certain precautions to escape this passive representation, as it was called, for the barbarous maxim prevailed, hares est eadem persona cunt defaneto.
The steps to be taken to guard against liability in such cases are matters of detail which do not require to be described, and are no longer necessary since the act of 1874. Another important distinction exists in Scotland, viz., that an heir need not be born in lawful wedlock, as in England, but it is enough if the father marries the mother after wards, and so legitimates him.
The word "heir " is often distinguished into several kinds. Thus, an heir by destina tion is a person who is pointed out by a certain deed to succeed in a certain order. So is an heir of provision. An heir-at-law is also often called an heir of line, because he succeeds according to a certain line or order; and an heir-general, because he is the gen eral representative of the ancestor, in contradistinction to an heir-special, who is pointed out by deed. An heir of entail is the person who succeeds to an entailed estate by virtue of the deed of entail, which prescribes the order of succession. An heir of conquest meant, as above stated, the heir of an ancestor who acquired the estate in question by purchase, and not by succession. See SUCCESSION.
HEIR (ante), at common law, one who is born or begotten in lawful wedlock, and upon whom the law devolves an estate immediately upon the ancestor's death. No one is the heir of a living person, but one may be the heir apparent or presumptive. Neither a monster nor a bastard can be an heir. In civil law any one who succeeds to the rights and occupies the place of a deceased person is an heir. An heir apparent is one who has an absolute right to an inheritance if outliving the possessor. Beneficiary heirs accept succession under the benefit of an inventory, the main purpose of which is to limit liability for debts. A collateral heir is one not in direct line, as a brother, uncle, aunt, nephew, or niece. A conventional heir takes succession by virtue of a contract, as by marriage contract. A forced heir is one who cannot be disinherited. Any heir at common law is a general heir. Irregular heirs are (in Louisiana) those who are neither testamentary nor legal, but are established for the succession by law. The civil code of that state provides that when the deceased has left neither lawful descendants nor ascendants nor collateral relations, the law calls to the inheritor a surviving husband or wife, or his or her natural children, or the state heirs at law are the same a's heirs gen eral, those who stand in natural succession. Legal heirs are persons of the same blood as the deceased who take succession by force of law, thus differing from a testament ary heir who succeeds by the act of the deceased. Three classes of legal heirs are recognized; the children and other lawful descendants; the fathers and mothers and other lawful descendants; and the collateral kindred. An heir presumptive is one who may be the legal heir, but whose right may be destroyed by a later born child. A testa mentary heir succeeds under a regularly made will. Unconditional heirs inherit without reservation.