Also known as: envie · alive · living person
Written by attorneys · grounded in primary & secondary sources — see below
The condition of being alive as distinguished from death or nonexistence.
Select any source to read its text and confirm it supports the definition.
Eugene Ellsworth served as personal representative for an estate. A bank transferred funds to him in good faith. Months later the alleged decedent was found to be en vie. The bank retains the protection of the statute and faces no liability for the transfer.
Esme Ellington created a trust to care for her dog. The trust continues while the dog remains en vie. Upon the dog's death the trust terminates and any surplus passes according to the trust terms.
Ewan Eckhart unlawfully confined a victim for ransom. He later released the victim en vie and in a safe place before trial. The offense is therefore graded as a second-degree felony rather than first-degree.
Eduardo Enriquez filed a parentage action claiming de facto parent status. He was en vie when the proceeding began. The court therefore had authority to adjudicate the claim.
Evan Ellis was charged with homicide after an assault. The victim had been born and remained en vie at the time of injury. The offense could therefore be prosecuted under the born-alive rule.
Edith Emerson was accused of causing fetal injury. Because the child was not born en vie the common-law homicide rule did not apply. Liability could arise only if live birth later occurred and death resulted from the injury.
The claimant must be en vie when the proceeding is commenced and the child must also be en vie. Both conditions are required by the statute before standing exists.
No. The statute expressly extends protection to cases in which the alleged decedent is later found to be en vie. Good-faith assistants and value dealers remain protected.
Voluntary release of the victim en vie and in a safe place before trial reduces the offense from a first-degree to a second-degree felony.
…Act, 19 & 20 Geo. 5, c. 34, came into being. Its emphasis was upon the destruction of "the life of a child capable of being born alive." It made a willful act performed with the necessary intent a felony. It contained a proviso that one was not to be found guilty of the offense "unless it is proved that the act which…