J R

— And although it appears to have been known that this Nellie aforesaid was the, living as the, ahm, the wife of the decedent’s brother James at the time she bore her son Edward, and had been so living for some indefinite time prior to that event, nonetheless in the continued absence of a birth certificate attesting to those circumstances of his, ahm, provenience, Edward is in a position to exert a substantial claim upon the estate in question, and therefore…

— I scarcely understand a word you’ve said, Mister Cohen, and where you got that piece of paper you’re reading from…

— But I wrote it, Miss Bast, it’s…

— His glasses are rather like the ones that James lost that summer up near Tannersville, aren’t they Julia.

— And the idea of digging up all this gossip again. Why, Edward’s been perfectly happy here, and James has been a fine father to him, there’s never been any question at all, why…

— But I don’t question that, Miss Bast. The point is simply that in regards to your brother’s estate, until his position is clearly established, he… what…

— Just a little thread here still hanging, if you’ll hold still…

— Yes, thank you again for the button, Miss Bast, but…

— Are you leaving so soon?

— No I simply hope I think may be… maybe think better on my feet…

— He’s spilling those papers there, Julia.

— Miss Bast, and… yes, thank you Miss Bast, and therefore…

— After Nellie died, Mister Cohen.

— To the contrary notwithstanding…

— James brought him here then, you know, and we’ve practically brought him up ourselves. James’ work has always made such demands. That’s his studio there at the back, you can see it right out that side window, and we’d often miss him for days at a time…

— But the point, the point Miss Bast, the point of law at issue here is…

— Julia, I think I heard something, it sounded like hammering, someone hammering…

— The presumption, you see, the presumption of legitimacy while not conclusive and rebuttable in the first instance remains one of the strongest presumptions known to the law, and will not fail, Miss Bast, yes, where is it, Hubert versus Cloutier, it will not fail unless common sense and reason are outraged by a holding that it abides…

— There’s no question that at the time, Julia, we all thought James’ behavior outrageous…

— In general this presumption is not even overcome by evidence of the wife’s adultery, in regard to your nephew’s claim even when this adultery is established as of about the commencement of the usual period of gestation, as held in Bassel versus the Ford Motor Company…

— Mister Cohen please, Edward has nothing against the Ford Motor Company or anyone else, now…

— I am merely stating the legal position open to him, Miss Bast, in the event he should elect to pursue…

— Hammering, didn’t you hear it?

— Possibly your testimony and that of your brother James regarding the period of his cohabitation with the said Nellie prior to Edward’s birth, since there is merely a prima facie presumption that, just a moment, here, yes, that a child born in wedlock is legitimate where husband and wife had separated and the period of gestation required, in order that the husband may be the father, while a possible one, is exceptionally long and contrary to the usual course of nature, you see? Now in bringing a proceeding to establish the right to the property of a deceased person, the burden is on the claimant to show his kinship with the decedent, where kinship is an issue, of course, as in this instance of basing a claim on the alleged fact that claimant is decedent’s child, and… yes, that while in the first instance, where is it yes, proof of filiation from which a presumption of legitimacy arises will sustain the burden and will establish the status of legitimacy and heirship if no evidence tending to show illegitimacy is introduced, the burden to establish legitimacy does not shift and claimant must establish his legitimacy where direct evidence, as well as evidence of potent… is this word potent? potent, yes potent circumstances, tending to disprove his claim of heirship, is introduced. Now, regarding competent evidence to prove filiation…

— Mister Cohen, I assure you there is no need to go on like this, if…

— Ladies, I have no choice. In settling an estate of these proportions and this complexity it is my duty to make every point which may bear upon your nephew’s legal rights absolutely crystal clear to you and to him. Now.

— It’s kind of him, Julia, but I must say…

— You understand that to proceed without taking into consideration your nephew’s possible rights in this estate would be to jeopardize the status of everyone concerned, since to hold a child a bastard is not permissible unless there is no judicial escape from that conclusion…

— Mister Cohen!