Posthumous Children Act 1698

Posthumous Children Act 1698X1

1698 CHAPTER 22 10 Will 3

An Act to enable Posthumus Children to take Estates as if borne in their Fathers Life time.

Editorial Information

X1 Abbreviated title derived from Chronological Table of the Statutes: Covering the Period from 1235 to the End of 1971 (London: Her Majesty's Stationery Office. 1972)

Reasons for passing this Act.

Whereas it often happens that by Marriage and other Settlements Estates are limited in Remainder to the Use of the Sons and Daughters the Issue of such Marriage with Remainders over without limiting an Estate to Trustees to preserve the contingent Remainders limited to such Sons and Daughters by which meanes such Sons and Daughters if they happen to be borne after the Decease of their Father are in Danger to be defeated of their Remainder by the next in Remainder after them and left unprovided for by such Settlements contrary to the Intent of the Parties that made those Settlements Be it enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spirituall and Temporall and Commons in this present Parliament assembled and by the Authority of the same That where any Estate already is or shall hereafter by any Marriage or other Settlement be limited in Remainder to or to the Use of the First or other Son or Sons of the Body of any Person lawfully begotten with any Remainder or Remainders over to or to the Use of any other Person or Persons or in Remainder to or to the Use of a Daughter or Daughters lawfully begotten with any Remainder or Remainders to any other Person or Persons that any Son or Sons or Daughter or Daughters of such Person or Persons lawfully begotten or to be begotten that shall be borne after the Decease of his her or their Father shall and may by virtue of such Settlement take such Estate so limited to the First and other Sons or to the Daughter or Daughters in the same manner as if borne in the Life time of his her or their Father although there shall happen no Estate to be limited to Trustees after the Decease of the Father to preserve the Contingent Remainder to such after-borne Son or Sons Daughter or Daughters untill he she or they come in Esse or are borne to take the same Any Law or Usage to the contrary in any wise notwithstanding.

II Proviso respecting Estates already come into Possessions, &c.

Provided alwaies That nothing in this Act shall extend or be construed to extend to devest any Estate in Remainder that by virtue of any Marriage or other Settlement is already come to the Possession of any Person or Persons or to whom any Right is accrewed though not in actuall Possession by reason or meanes of any after-borne Son or Sons or Daughter or Daughters not happening to be borne in the Life time of his her or their Father.