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��THE GRANITE MONTHLY.
��of these professional men who flourish- ed in former days. Their honect and just fame has long since been estab- lished, and could not be much en- hanced by the use of my pen.
We propose ro recur to one or two incidents that came under our obser- vation at the bar supper, which was celebrated in due form on one of the first evenings of the session of the court of January, 1824, at the inn of J. P. Gass, then located near where Sanborn's block now is, on Main street.
This festive occasion was attended by many of the members of the bar of Merrimack county. Also by many others from the other counties of the state. After the cloth was removed we were permitted, as a spectator, to look in upon a joyous assemblage of jovial, good-natured men, who were merry-making over the birth of the new county. We listened to some good speeches, one or two original songs, several short sentiments, — all more or less appropriate, and well-cal- culated to promote good feelings and add to the hilarity of the occasion. Near the close of the ceremonies a venerable and very sedate and sober gentleman of the fraternity, who hailed from Strafford county, rose in his place and gave to his brethren much new and uncommon light upon the doctrine of contingent remainders, and how they might b° extinguished. Address- ing the president, he continued, "You know, sir, very well, that we have in- struction in many of our elementary law-books, such as Blackstone, Lord Coke, more especially Tearne, showing us how estates in remainder may be created, and especially how contingent remainders are created and extin- guished. Now I propose to explain and illusrate to your satisfaction the best modern mode of extinguishing a contingent remainder. I can do it in no better way than by a practical ex- ample." At this moment the speaker
��held up a bottle that stood before him containing about one glass of wine. " Now the brethren will understand that this morsel of wine in my hand is a very ' contingent remainder.' Sup- pose I suit action to the word and ap- ply the bottle to my lips, will you then not see how easily this contingent re- mainder may be extinguished?" At this crisis Col. Philip Carrigain ex- claims, "The wine is certainly extin- guished, and I thank you for your new law, as it surely illustrates the truth of the old adage, 'when the wine is in the wit is out.' " " Not so," says Hon. Henry Hubbard ; "when the wine is in the truth comes out. He has shown us how a vast number of remainders have been extinguished, both in this country and all others. He has given us the common law, ( In vine est Veritas.' 1 ' The speakers were much applauded by the learned assembly.
We do not understand that the new law, discovered at this meeting, affected Daniel Webster's earlier fame, acquired by him when he studied Tearne in order to solve the difficulties arising out of a will made by a husband, a blacksmith in Portsmouth, in behalf of his wife. Upon the death of the hus- band a small estate was left to the wife, dependent on the doctrine of remain- der, which gave to Mr. Webster the necessity of expending thirty dollars' worth of labor in preparing an opinion for which he charged but fifteen dollars. Afterward, when in New York city, he met Aaron Burr, who consulted him upon the will of a rich client that con- tained provisions similar to the poor widow's case. And by referring promptly to the law applicable to the widow's case he was enabled to secure a good fee ; and, what was better, he gained great glory and much wonder, from Burr, for his extraordinary readi- ness and ability in clearing up the per- plexities of his will.
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