A Manual of Medical Jurisprudence Insanity And Toxicology
A Manual of Medical Jurisprudence Insanity And Toxicology
Henry C Henry Cadwalader Chapman
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, the nature of which has just been considered. As regards the relation of premature birth to questions of legitimacy and inherit- ance, there is no doubt that eight, seven, and even six months' infants may survive. * It has been stated that in very exceptional instances even a foetus but little over five months old may be viable. Indeed, it was so decided in the case of Cardinal Richelieu. There is no well-authenticated case, however, of a child of less than five months surviving twenty-four h...ours after its birth, and in only one instance did such a child live even that long. F In cases, for example, where a living infant acquires the right of inheriting and transmitting property, the point that will have to be established is not whether the infant was viable in the sense that it would survive, but was it alive at the time of its birth, involving in turn the determination of what is meant by the expression being born alive. * According to Haller : " Ante septimum mensem fetus non potest superesse" (" Elementa Physiologic, " tomus octavus, Lau- sanne, 1778, p.
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