Posthumous Children Act 1698
1698 CHAPTER 22 10 Will 3
An Act to enable Posthumus Children to take Estates as if borne in their Fathers Life time.

1Reasons 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.
II; 
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.