In Ventre Sa Mere - Law Dictionary Search Results
Home Dictionary Name: in ventre sa mereEn ventre sa mere
En ventre sa mere. [Fr. In its mother's womb.] A child in the womb of the mother is for most purposes regarded in English law as being already born. But there are certain important exceptions. For example, if a child is killed whilst it is within the womb, it cannot be the subject of a murder or manslaughter charge, but otherwise if it receives injuries whilst in the womb which occasion its death after birth, R. v. Senior, (1832) 1 Moo CC 346. In civil matters also the fiction of birth is only to be applied if the maintenance of the fiction is for the child's benefit and not its detriment, Villar v. Gilbey, 1907 AC 139, but it has lately been held by the House of Lords that the doctrine does not apply where a benefit is not destined directly to the child and is only for his indirect benefit, if any: Elliot v. Joicey (Lord), 1935 AC 209, and see LQR, January, 136, for a note on the case. Subject to the narrowing of the doctrine by Elliot v. Joicey, ubi. Sup., a liberal interpretation wi...
In ventre sa mere
In ventre sa mere (in his mother's womb). See EN VENTRE SA MERE....
in ventre sa mere
in ventre sa mere : in the womb : in utero ...
Accumulation
Accumulation, a gathering together, heaping up, or amassing. The dominion over property, and its rents, issues, and profits, is restrained by our law as regards perpetuity and accumulation. See PERPETUITY.The prospective accumulation of income of real or personal estate is restrained by the (English) Law of Property Act, 1925, s. 164, replacing with amendments the (English) Accumulations Act, 1800 (39 & 40 Geo. 3, c. 98); commonly called 'The (English) Thellusson Act,' because the case of Thellusson v. Woodford, 4 Ves 227-343, 1798; and 11 Ves 112-151, 1805 was the occasion of its enactment. The (English) Act of 1925 declares that no person shall by any instrument or otherwise settle or dispose of any property, in such manner that the income thereof shall be accumulated for any longer term than--(1) The life of the grantor or settlor;(2) 21 years from the death of the grantor or settlor, or testator;(3) During the minority of any person who shall be living on en ventre sa mere at the t...
Child living
Child living. The rule extending the meaning of 'child living' to include for the purposes of the child's benefit a child en ventre sa mere does not apply to s. 21 of the Finance Act, 1920, which provides for certain claimant has a child living at the commencement of a financial year; Jackson v. Voss, 39 TLR 445....
Posthumous child
Posthumous child, a child born after its father's death. By 10 & 11 Wm. 3, c. 16, such child maytake an estate as if born in its father's lifetime, although there be no limitation to trustees to preserve the contingent remainder to such child. See EN VENTRE SA MERE....
Venter
Venter, womb. As to the cases in which a child will be held to be born in a testator's lifetime because it was at that time en ventre sa mere, see Villar v. Gilbey, 1907, AC 139; and see Elliot v. Joicey, 1935, AC 209; and Law Quarterly Review, Vol. 52, p. 1....
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