Child

The son or daughter, in relation to the father or mother. Illegitimate children are bastards. Legitimate children are those born in lawful wedlock. Natural children are illegitimate children. Posthumous children are those born after the death of the father. Children born in lawful wedlock, or within a competent time afterwards, are presumed to be the issue of the father, and follow his condition; but this presumption may be repelled by the proof of such facts tending to establish non-intercourse as may satisfy a jury to the contrary; Field, Inf. 40; 3 C. & P. 215, 427; 13 Ves. Ch. 58; Cross v. Cross, 3 Paige, Ch. (N. Y.) 139, 23 Am. Dec. 778; Com. v. Shepherd, 6 Binn. (Pa.) 2SG, 6 Am. Dec. 449; Barden v. Barden, 14 N. C. 548.

See Blackburn v. Crawford, 3 Wall. (U. S.) 175, 18 L. Ed. 1SG.

See Access. Those bom out of lawful wedlock follow the condition of the mother. The term children does not, ordinarily and properly speaking, comprehend grandchildren, or issue generally; yet sometimes that meaning is given to it in cases of necessity; 6 Co. 1G; 14 Ves. 576; Adams v. Law, 17 How. (U. S.) 417, 15 L. Ed. 149; Me Guire held to signify the same as issue, in where the testator, by using the terms children and issue indiscriminately, showed his intention to use the form, q the sense ie, so as to entitle grandchildren, etc., to take under it; 1 Ves. Sen. Ch. 19G; Mowatt v. Carow. 7 Paige, Ch. (N. Y.::•_■ Am. Dec 641; Ruff v. Rutherfunl, 1 Ball. Eq. (S. C.) 7; Dickinson v. Lee, 4 Waits I Pa.) 82, 28 Am. Dec. GS4; 3 • Dig. 213.

See Walker v. William, 549; Appeal of Castner, 88 Pa. 478.

It is a rule of decision in England that the word "children" means legitimate children; 7 Ves. 458; 31 Ch. D. 542; L. It. 7 II.: and such is the general rule in this country; Gardner v. Ileyer, 2 Paige (N. Y.) 11; Heater v. Van Auken, 14 X. J. Eq. 159; Thompson v. Mc Donald, 22 N. C. 40.".; Gates v. Seibert, 157 Mo. 254, 57 S. W. 10 Am. St. Rep. 625; In re Scholl's Will, 100 Wis. 650, 76 N. w.

616; Bealafeld v. Slaughenhaupt.

213 Pa. 565, 02 Atl. 1113; although illegitimate children may be considered as included by express designation or neci implication; Stewart v. Stewart, 31 N. J. Eq. 398; Collins v. IToxie, 9 Paige (N. Y.) 81; Bennett v. Toler, 15 Grat. (Va.) 588, 78 Am. Dec. 60S; Morton's Estate v. Morton, 62 Neb. 420, 87 X. W. 182; and when the is used in a will, there must be evidence to be collected from the will itself, or extrinsically, to show affirmatively that the testator intended that his illegitimate children should take, or they will not be included; 1 V. & B. 422; 4 Kent 346, 414, 419; <-, II.

I. Palmer v. Horn, 84 N. Y. 516.

See Bastard. The question whether the term "child" can include "twins" is said not to have been raised in any English ease, in 70 Alb. I.. J. 2, where an interesting foreign cas but no decision is stated. Xo American case on the point has been found. Posthumous children inherit, in all cases, in like manner as if they had been born in the lifetime of the intestate and had survived him; 2 Greenl. Cruise, I>i'-r.

135; 4 Kent 412. See 2 Washb. R P. 439, I In Pennsylvania; act of 1S"G, p.

2."'t; and in some other states; Rhode Island, Rev. Stat. tit. xxiv. c. 154, ? 1<>; Bancroft v. Ives, 3 Gray (Mass.) 367; the will of their fathers or mothers in which no provision is made for them is revoked, as far as regards them, by operation of law; Coates v. Hughes, 3 Binn. (Pa.) 498; Barnes v. Barker.

5 Wash. 390, ""1 Pac. 976.

In Iowa a will is revoked by the birth of a child after its execution; Ware v. Wisner, 50 Fed. 310. See, as to the law of Virginia on this subject, Armistead v. Dangerfield, 3 Munf. (Va.) 20, 5 Am. Dec. 501. An elaborate statute known as the Children's Act. 1908, was passed December 21, 1908, in England to consolidate and amend protection, prevention of cruelty to children, juvenile smoking, reformatory and industrial schools, juvenile offenders and miscellaneous and general provisions; L. R. 46 Stat. 453. See Age; In Ventre sa Mere. As to their competency as witnesses, see Witness. And see Parent and Child. The courts construe these laws liberally as within the police powers of a state and they are generally upheld, the rule having been laid down that the courts will not interfere with the legislative action in regard to such regulations; In re Weber, 149 Cal. 392, 86 Pac. 809. Statutes have been held constitutional forbidding the employment of children under twelve years of age in factories; Starnes v. Mfg. Co., 147 N. C. 556, 61 S. E. 525, 17 L. R. A. (N. S.) 602, 15 Ann. Cas. 470; of children under fourteen years of age in factories; In re Spencer, 149 Cal. 396, S6 Pac. 896, 117 Am. St. Rep. 137, 9 Ann. Cas. 1105; Bryant v. Hardware Co., 76