CHILD. The son or in relation to the father or mother.
illegitimate children, are bastards. Legiti mate children are those born in lawful wedlock. Natural children are illegitimate children. Posthumous children are those born after the death of the father.
2. Children born in lawful wedlock, or within a competent time afterwards„ are pre sumed to be the issue of the father, and fol low his condition; but this presumption may be repelled by the proof of such facts as sat isf a jury to the contrary. 3 Carr. & P. 215, 427 ,• 12 East, 550 ; 13 Yes. Ch. 58; 3 Paige, Ch. N. It 139; 6 Binn. Penn. 286 ; 3 Dev,No. C.
548. Those born out of lawful wedlock fol low the condition of the mother. The father is bound to maintain his children, and to edu cate them and to protect them from injuries. See FATHER. Children are not liable at com mon law for the support of infirm and indi gent parents, 16 Johns. N. Y. 281; but gene-, rally they are bound by statutory provisions to maintain their parents who are in want, when they have sufficient ability td do so. 2 Kent, Comm. 208; Pothier, Du hiariage„ n. 384, 389; 2 Root, Conn. 168; 5 Cow. N. Y. 284. The child may justify an assault in, de fence of his parent. 3 Blackstone, Comm. 3. The father, in general, is entitled to the cus;• tody of minor children ; but, under certain circumstances, the mother will be entitled to them when the father anti mother have sepa rated. 5 Binn. Penn. ko. See FATHER; MOTHER. Children are liable to the reason able correction of their parents. See T1ON.
3. The term children does not ordinarily and speaking, comprehend grand. children, or issue generally ; yet sometimes that meaning is affixed to it in eases of ne cessity. 6 Coke, 16. 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, etc. to take
under it. 1 Yes. Sen. Ch. 196•; Ambl. 555, 661 ; 3 Ves. Ch. 258; 3 Ves. & B. Ch. 69 ; Paige, Ch. N. Y. 328; 1 Bail. Eq,. So. C. 7; 4 Watts, Penn. 82; 3 Greenleaf, Cruise, Dig. 213, note. When legally construed, the term children is confined to legitimate children, 7 Ves. Ch. 458; and when the term is used in a will, there must be evidence to be collected from the will itself, or extrinsically, to shoW affirmatively that the testator intended that his illegitimate children should take, or they will not be included 1 Yes. & B. Ch. 422; 46•; 1 Medd. Ch. 234 ; 9 Paige, Ch. N. Y. 88'; I Russ. & M. 581; 4 Kent,, Comm. 3A 414, 419, and notes. The civil code of Louisi ana, art. 2522, a. 14, enacts that "under the name of children are comprehended not only children of the first degree, but the grant children, great-grandchildren, and all other descendants in the direct line."' 4. Posthumous children inherit, in all cases, in like manner as if they had been born in the lifetime of the intestate and had survived, him. 2 Greenleaf, Cruise, Dig. 135 ; 4 Kent, Comm. 412. See 2 Washburn, Real Prop. 412, 439, 699.
In Pennsylvania, and in some other states, Laws of Penn. 1836, p. 250; R. I. Rev. Stat. tit. xxiv. c. 154, / 19; 3 Gray, Mass. 367, the will of their fathers or mothers in which no provision is made for them is revoked, as far as regards them, by operation of law. 3 Binn. Penn. 498. See, as to the law of Vir ginia on this subject, 3 Munf. Va. 20, and article IN SA MERE. As to their com petency as witnesses, see 1 Greenleaf, Ev. 1 367 i 2 Starkie, Ev. 699.
See, generally, 8 Viner, Abr. 3I8 ; 8 Comyns, Dig. 470; Bouvier, Inst. Index ; 2 Kent, Comm. 172; 4 id. 408; I Roper, Leg. 45-76; I Belt, Supp. to Ves. Jr. 44; 2 id. 158.