case XXI Elizabeth dyer devise Nosme testament h Br case blow b   light b   a  sty Cr Elizabeth Poph Goulds roll Abr a seize of land in fee after h make a  feoff of say land to b to the Jenkins er p intent that it shall be for the  performance of a s will a devise that b shall stand seize of say land to the  use of jane his daughter where she be a bastard and be name in the will as  aforesaid without call her bastard resolve this be a good devise by all the  judge of England although it be not possible that b shall stand seize to her  use for the estate and use be in a and although in law she be not his daughter  yet the will be resolve good the law be the same if the will have be that b  shall make a estate to his daughter jane and this because of the manifest  intent of the testator by all the judge of England Coponius wife svan existent  gravida ut to clean posthum to hang to scratch si ante in tutelage svan to  come obiisset Marcus curium to hang to present Coponius noritur nullus  posthumus be born haeres fixed by law Coponii to hang ad see to stretch out to  stretch Sc Scaevola heir fixed by law patron to say no Marcus curium posse be  to hang Coponii nisi posthumus be born to die ante in tutelage svan to come  neuter to touch because nec born nec corpse to be and of Pyrrhus sustituebatur  haeres posthum patron senate to stretch here mente testator to be ut si thread  non be who in tutelage to come Marcus and of Pyrrhus haeres be haec mobilis  causan agitaba in judgment of to to centumviri opinion latan be pro Marco  curio Marcus Tullius put this case de a speaker and in his oration for aulus  Caecinna to reduce this case to the notion of the law of England it stand thus  a have a wife who he believe to be with child he make his will and make the  posthumous child his executor and if the posthumous child die before year of  age then that b shall be his executor a die and no posthumous child be bear in  this case b shall be executor and the next of blood to a shall not have the  administration for a well know that it be possible that no posthumous child  shall be bear and the law presume that he do not design to die intestate and  therefore it be the testator intention that either the posthumous child or b  shall be his executor and it appear that a prefer b to his estate before any  other person if the posthumous child shall die before year of age