IN VENTRE SA MERE. In his mother's womb.
2.-1. In law a child is for all beneficial purposes considered as
born while in ventre sa mere. 5 T. R. 49; Co. Litt. 36; 1 P. Wms. 329; Civ.
Code of Lo. art. 948. But a stranger can acquire no title by descent through
a child in ventre sa mere, who is not subsequently born alive. See Birth;
Dead Born.
3.-2. Such a child is enabled to have an estate limited to his use.
1. Bl. Com. 130.
4.-3. May have a distributive share of intestate property. 1 Ves. 81.
5.-4. Is capable of taking a devise of lands. 2 Atk. 117; 1 Freem.
224, 298.
6.-5. Takes under a marriage settlement a provision made for children
living at the death of the father. 1 Ves. 85.
7.-6. Is capable of taking a legacy, and is entitled to a share in a
fund bequeathed to children under a general description, of "children," or
of "children living at the testator's death." 2 H. Bl. 399; 2 Bro. C. C.
320; S. C. 2 Ves. jr. 673; 1 Sim. & Stu. 181; 1 B. & P. 243; 5 T. R. 49.
See, also, 1 Ves. sr. 85; Id. 111; 1 P. Wms. 244, 341; 2 Bro. C. C. 63; Amb.
708, 711; 1 Salk. 229; 2 P. Wms. 446; 2 Atk. 114; Pre. Ch. 50; 2 Vern. 710;
3 Ves. 486; 7 T. R. 100; 4 Ves. 322; Bac. Ab. Legacies, &c., A; 1 Rop. Leg.
52, 3; 5 Serg. & Rawle, 40.
8.-7. May be appointed executor. Bac. Ab. Infancy, B.
9.-8. A bill may be brought in its behalf, and the court will grant
an injunction to stay waste. 2 Vern. 710 Pr. Ch. 50.
10.-9. The mother, of a child in ventre sa mere may detain writings
on its behalf. 2 Vern. 710.
11.-10. May have a guardian assigned to it. 1 Bl. Com. 130.
12.-11. The destruction of such a child is a high misdemeanor. 1 Bl.
Com. 129, 130.
13.-12. And the birth of a posthumous child amounts, in Pennsylvania,
to the revocation of a will previously executed, so far as regards such
child. 3 Binn. 498. See Coop. Just. 496. See, as to the law of Virginia on
this subject, 3 Munf. 20. Vide Foetus.