In existence or life at a given moment of time, as, in the phrase “life or lives in being” in the rule against perpetuities. An unborn child may, in some circumstances be considered as “in being.” Phillips v. Herron, 65 Ohio St 478, 45 N, E. 720; Hone v. Van Schaick, 3 Barb. Ch. (N. Y.) 509.