IN VENTRE SA MERE
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.