Legal Term: POSTHUMOUS CHILD

Definition: after the death of its father; or, when the Caesarian operation is performed, after that of the mother.

2. Posthumous children are entitled to take by descent as if they had been born at the time of their deceased ancestor. When a father has made a will without providing for a posthumous child, such a will is in some states, as in Pennsylvania, revoked pro tanto by implication. 4 Kent, Com. 506; Dig. 28, 5, 92; Ferriere, Com. h. t.; Domat, Lois Civiles, part 2 liv. 2, t. 1, s. 1: Merl. Rep. h. t.; 2 Bouv. Inst. n. 2158.

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