baker v baker Feb BastardQuestion as to whether a bastard can take under the  denomination in a will of old son by way description story person the bill  inter alian charge that the testatrix know that her daughter have no lawful  issue but that she have child by baker then live c vide supplement p in case  of this nature where no person strict answer the description of child son c  the court admit evidence dehors the will c to ascertain whether there be any  who have acquire the reputation of child c see Lord Woodhouselee v Dalrymple  Meriv Rep Wilkinson v Adam Ves b c swain v Kennerlei ibidem beachcroft v  beachcroft mad Rep a bequest to such illegitimate child as a woman may have by  any particular person be not good Metham v duke of Devon p W earl v Wilson Ves  but a bequest to the natural child of which a woman be ensient without  reference to any person as the father be sustainable Gordon v Gordon Meriv the  testatrix know of his existence and believe that there be no lawful issue  supplement Frances Bromfield have a power notwithstanding coverture to dispose  of a estate in devise it in trust to sell so much as sufficient to pay debt  and a rentcharge to her daughter for life exclusive of any husband and all  residue of the rend and profit to her daughter old son until he shall attain  twentyone and after twentyone the land to such son and vesey senior heir of  his body if he shall die before that age to such other son as her daughter  shall have who shall attain twentyone and the heirsmale of his body the old to  be prefer if no such son shall attain that age then to issue female of her  daughter and for want of such issue to her own right heir for ever the  daughter at time of make the will and death of testatrix be her only child and  be then in the Indies where during the life of one Lavarock who she have marry  in the fleet she marry Mr baker by who she have one sen the trustee enter and  act the daughter in bring a bill against the trustee c and take notice that  she have no issue be entitle not only to her rentcharge but to all the residue  the cause be hear by consent and a decree for conveyance to new trustee on the  trust in the will which be do and she receive and convert the rend and profit  to her own use the son come of age bring this bill for a account thereof and  conveyance of the estate c see note the bill inter alian charge that the  testatrix know that her daughter have no lawful issue but that she have child  by baker then live c vide supplement p in case of this nature where no person  strict answer the description of child son c the court admit evidence dehors  the will c to ascertain whether there be any who have acquire the reputation  of child c see Lord Woodhouselee v Dalrymple Meriv Rep Wilkinson v Adam Ves b  c swain v Kennerlei ibidem beachcroft v beachcroft mad Rep a bequest to such  illegitimate child as a woman may have by any particular person be not good  Metham v duke of Devon p W earl v Wilson Ves but a bequest to the natural  child of which a woman be ensient without reference to any person as the  father be sustainable Gordon v Gordon Meriv for plaintiff the decree be  pronounce on a supposition that defendant have no issue the question be  whether plaintiff be not entitle under the description in the will and who be  mean by testatrix the only objection to it by defendant who claim as heir at  law to testatrix be that plaintiff be not a legitimate sen a bastard man  become a purchaser and have a estate give in possession or remainder under a  will or deed by description of the person the general case have be where name  by the Christian name son of such a one but in jenk cent son or daughter in a  feoff as well as will be a good name of purchase though illegitimate Perk  grant die more and e c cite in sir moil Finchs case   and e c Lord chancellor  the plaintiff be certain not bind by that decree I doubt not there be case of  bastard take by description of the person but the difficulty be here be  limitation over to all the other son and daughter be those to be limitation in  a succession and series of bastard for plaintiff it be prove testatrix know  the situation of the defendant and that there be such a son which make it  strong than the repute name of son though that will be sufficient the word be  applicable to no other person she consider he as a person in be and under age  and it import a immediate devise to he therefore though in general it be  difficult to say vesey senior she can thereby intend to provide only for the  bastard issue of her daughter yet as she know of this old son she may make a  separate provision for he and if afterward her daughter shall have legitimate  son may make a subsequent limitation to they but the remote possibility of  legitimate issue enter not into her view the annuity show do not intend  defendant who she know to be her heir at law shall have more the right heir be  not to take while one be in be to who give before it be like a limitation to  heir at law after death of another which be a imply gift for life to that  other Vau the profit for maintenance separate from the inheritance show she  mean a person in be and there be no word to show she mean it to a future  person nor will it be good in point of law for a freehold can be give in going  to be for defendant though defendant be not in a favourable light the  plaintiff be not capable of take in construction of law or by the intent a  bastard in order to take must be in be and have gain a repute name and then  may take by description but there be no case where under a general limitation  such as denote a first and every vesey senior er p other son in the ordinary  way without a particular mark applicable to he and exclude all other a intent  must be show that plaintiff shall take at all adventure against every one  although the defendant return to Lavarock and have legitimate child by he or  by any other after his death the plaintiff can not contend with such issue and  the construction be the same though that event have not happen in Metham v  duke of Devonshire p W the duke have by will make provision for the child of  his son by mrs Hennage there be word to take in all the child Lord  Macclesfield hold it shall not be extend to those bear after the will that the  court never construe testator to mean his son shall continue in the same way  though it may be charity to provide for those in be confine it to they and  hold it shall not even extend to a child in ventre at the time and there be no  question of the person mean as here this general provision be to induce the  defendant to return to another way and be reasonable leave the child then bear  to be provide for by defendant as nature will oblige her to such a will as a  prudent person intend to provide for her own blood will make which can not  possible mean her base blood and that for daughter also her know it turn the  other way she must then have know his name and will have mention it if intend  in all law wherever son or child be mention it always mean legitimate the  mulier or legitimate shall take against the bastard Inst b die a rot cro  Elizabeth Inst b vesey senior Lord chancellor this a matter of some difficulty  I will consider of it therefore it be very proper to see if such a cause can  not be agree in the mean time which be afterward do by the party Reg lib a fol