Subject: CHILD, CHILDREN
Resent-Date: Sat, 5 Dec 1998 12:40:56 -0800 (PST)
Resent-From: SCROOTS-L@rootsweb.com
Date: Sat, 05 Dec 1998 15:43:31 -0500
From: "Steven J. Coker" 
Reply-To: carolina@yours.com
Organization: http://www.geocities.com/Heartland/Ridge/9980/index.html
To: SCROOTS-L@rootsweb.com

Extracted From:
  A LAW DICTIONARY ..., SIXTH EDITION, 1856
  by John Bouvier, CHILDS & PETERSON, PHILADELPHIA

CHILD, CHILDREN, domestic relations. A child is the son or daughter in relation
to the father or mother.

  2. We will here consider the law, in general terms, as it relates to the
condition, duties, and rights of children; and, afterwards, the extent which has
been given to the word child or children by dispositions in wills and
testaments.

  3. Children born in lawful wedlock, or within a competent time afterwards, are
presumed to be the issue of the father, and follow his condition; those born out
of lawful wedlock, follow the condition of the mother. The father is bound to
maintain his children and to educate them, and to protect them from injuries.
Children are, on their part, bound to maintain their fathers and mothers, when
in need, and they are of ability so to do.... The father in general is entitled
to the custody of minor children, but, under certain circumstances, the mother
will be entitled to them, when the father and mother have separated.... Children
are liable to the reasonable correction of their parents....

  4. The term children does not ordinarily and properly speaking comprehend
grandchildren, or issue generally; yet sometimes that meaning is, affixed to it,
in cases of necessity... and it has been held to signify the same as issue, in
cases where the testator, by using the terms children and issue
indiscriminately, showed his intention to use the former term in the sense of
issue, so as to entitle grandchildren, & c., to take under it.... When legally
construed, the term children is confined to legitimate children.... The civil
code of Louisiana, art. 2522, n. 14, enacts, that "under the, name of children
are comprehended, not only children of the first degree, but the grandchildren,
great-grand-children, and all other descendants in the direct line."

  5. Children are divided into legitimate children, or those born in lawful
wedlock; and natural or illegitimate children, who are born bastards. (q.v.) ...
Illegitimate children are incestuous bastards, or those which are not
incestuous.

  6. Posthumous children are those who are born after the death of their
fathers....

  7. In Pennsylvania, the will of their fathers, in, which no provision is made
for them, is revoked, as far as regards them, by operation of law....

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