214 HIGH COURT OF CHANCERY.

satisfaction of the petitioner's debts. A petition was filed for
the same purpose, by John Glenn, as permanent trustee of an-
other creditor, of said Elizabeth, on a note given during her
coverture, by her and her son Thomas, with whom she had
traded, under the firm and style of Thomas Conn & Co., said
note was given in April, 1839, and the firm afterwards failed,
and Thomas Conn obtained his discharge under the insolvent
laws. The statute of limitations was pleaded against all these
claims, but was afterwards withdrawn against all but the latter,
which was marked No. 4, the three first being numbered, re-
spectively, 1, 2 and 3. In the subsequent account of the
Auditor, the proceeds of sale were distributed amongst the
children of William Conn, including the posthumous child Silas
W. Conn, and the portion which in the previous accounts was
assigned to them as heirs at law, of their mother, was therein
applied to the part satisfaction of the claims filed. Exceptions
to this account were filed, and submitted to the Chancellor on
written arguments- thfi principal points raised being, whether
the posthumous child of William Conn, was entitled to a share
of his father's estate; and, whether the separate estate of
Elizabeth Hall, could be applied to the satisfaction of the claims
filed:]

'THE CHANCELLOR:

It is true, that a court of equity will use all possible ingenu-
ity in construing testamentary expressions in such manner
as to include all children in existence at the testator's death;

and, that a child in venire sa mere is considered as living at
that time.

And, it is also true, that when the testator himself stands in
the relation of parent to the legatees, in which case it is his duty
to provide for his children at his death, a court of equity will
lay hold of any general expressions which will include all the
children, notwithstanding, it may be apparent from the context,
that only children in existence when the will was made were
within the contemplation of the testator. Yet, even as between
parent and child, when it is evident that he really forgot that other