In ventre sa mere

Fr. In his mother’s womb; spoken of an unborn ebild. In veram quantitatem fidejussor teneatur, nisi pro certa quantitate accessit. Let the surety be holden for the true quantity, unless he agree for a certain quantity. 17 Mass, 597. In verbis. non verba, sed res et ratio, querenda est. Jenk. Cent. 182. In the construction of words, not the mere words, but the thing and the meaning, are to be inquired after.

in his mother’s womb.—1l. In law a child is for all beneficial purposes considered to be born while in ventre sa mere. 5 T. R. 49; Co. Litt. 36; 1 P. Wms. 329; Civ. Code of Lo. art. 948.—2. He is enabled to have an estate limited to his use. 1 BI. Com. 130.—3. May have a distributive share of intestate property. 1 Ves. 81.—4. Is capable of taking a devise of lands. 2 Atk. 117; 1 Freem. 244, 293.—-5. Takes under a marriage scttlement a provision made for children living at the death of the father. 1 Ves. 85.—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. jun. 673; 1 Sim. & Stu. 181; 1 B. & P. 243; 5 T. R. 49. Sce also, 1 Ves. sen. 85; Id. 111; 1 P. Wms. 244, 341; 2 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; 4 Bac. Ab. 246; 1 Rop. Leg. 52,3; 5 Serg. & Rawle, 40.—7. May be appointed executor. 3 Bac. Ab. 582.—8. A bill may be brought in its behalf, and the court will grant an injunction to stay waste, 2 Vern. 710; Pre. Ch. 50.--9. The mother of a child in ventre sa mere may detain writings on its behalf. 2 Vern. 710.—10. May have a guar- ee dian assigned to it. 1 Bl. Com. 1390. —l11l. The destruction of such a * me child is a heinous misdemeanor. 1 = Bl. Com. 129, 130.—12. And the s birth of a posthumous child amounts in Pennsylvania to a 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, $8 Munf. 20. Vide Fetus.