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英文法律词典 I-21

分类: 法律英语 

IN TRANSITU. During the transit, or removal from one place to another.

2. The transit continues until the goods have arrived at their place of destination, and nothing remains to be done to complete the delivery; or until the goods have been delivered, before reaching their place of destination, and the person entitled takes an actual or symbolical possession. Vide Stoppage in transitu; Transitus.

IN VADIO. In pledge; in gage.

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.

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