Frosch v. Walter

Citations

• 228 U.S. 109
• 33 S. Ct. 494
• 57 L. Ed. 750
• 1913 U.S. LEXIS 2356

Syllabus

<p>A declaration in a deed of trust which clearly shows that the' sole object of the instrument is to provide for certain specifically named children of the grantor who has other children, so dominates the instrument that the word “ children ” when thereafter used will be construed as referring to those particular children and.not to include any other children of the grantor.</p> <p>While the word “ heirs ” if. used as a term of purchase in a will may signify whoever may be such at the, testator’s death, the word “•children ” as used in the deed involved in this ease should be construed as including only those persons answering the description at the time of execution. ></p> <p>Surviving children of the grantor in such an instrument held to include children of one of the children specifically mentioned who had died prior to the grantor.</p>