in being

In existence; alive. An unborn child, after conception, if it is subsequently born alive and so far advanced to maturity as to be capable of living, is considered as "in esse" from the time of its conception where it is for the benefit of the child that it should be so considered. Hone v Van Schaick (NY) 3 Barb Ch 488, 509. For the purpose of taking any estate which is for his benefit, whether by descent, devise, or under the statute of distributions, a person is held both in England and in the United States to be "in being" from the time of his conception, the commencement of foetal existence being placed at a time nine months before birth. 23 Am J2d Desc & D § 88; 57 Am J1st Wills § 154. If the child is born dead or in such an early stage of gestation as to be incapable of living, the situation is as though he had never been conceived or born. 23 Am J2d Desc & D § 88; 57 Am J1st Wills § 154. See in.