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Heintzelman

heir, united, army and apparent

HEINTZELMAN, hint's61-man, Samuel Peter, American military officer: b. Manheim, Pa., 30 Sept. 1805; d. Washington, D. C., 1 May 1880. Graduated at the United States Military Academy 1826, and served during the Mexican War. In 1861 he commanded a division at Bull Run, where he was wounded 21 July. After ward promoted brigadier-general of volunteers, Heintzelman, during the organization of the army in the winter of 1861-62, held command of a division. On the moving of the Army of the Potomac, in March 1862, the 3d Army corps was placed under his command. His corps formed the right wing of Pope's army at the second battle of Bull Run, 30 Aug. 1862. Dur ing the Maryland campaign he commanded the defenses at Washington, and was afterward ap pointed to the command of the Department of Washington, and of the 22d Army corps, which he held during the battles of Chancellorsville and Gettysburg, in May and July 1863. He re tired in 1869, with the rank of major-general HEIR (Lat. hares), in law, one entitled by descent and right of blood to lands, tenements or other hereditaments. Hence it is an ancient apothegm, that only can make an heir.' An heir is really one who is born or begotten in lawful wedlock, and on whom the law casts the estate, in 'lands, tenements or hereditaments immediately on the death of his ancestor. The

rights of heirs in the majority of the United States are determined by the principles of the common law unless specially modified by statute. It is a matter of judicial decision that the rights of heirs in the United States are statutory only.

Hence they cannot plead, for instance, that an inheritance tax is unconstitutional. An heir presumptive is one who will be the heir at the death of the owner, as the elder son of a de ceased brother in England, or all the children of a brother in the United States, where the owner has no children; for they will be heirs if he dies without issue. As an heir presumptive may lose his heirship by a change of circumstances, he does not become an heir apparent so long as this change is legally probable, though physic ally or naturally impossible. Thus the nephew of the owner can never be his heir apparent, however aged or feeble or near to death the owner may be; for in contemplation of law it is always possible that a son may be born to him, who would be an heir apparent, and who would therefore supersede an heir presumptive. An heir apparent is one who must be the heir if he survive the owner, as the eldest son. in Great Britain, or all the children in the United States.