United States Supreme Court Cases & Opinions

U.S. Supreme Court

Frosch v. Walter, 228 U.S. 109 (1913)

Frosch v. Walter

No. 12

Argued March 17, 18, 1913

Decided April 7, 1913

228 U.S. 109

Syllabus

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.

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 case, should be construed as including only those persons answering the description at the time of execution.

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.

34 App.D.C. 338 reversed.

The facts, which involve the construction of a deed conveying real estate in trust, are stated in the opinion.