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Frosch v. Walter, 228 U.S. 109 (1913)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
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
APPEAL FROM THE COURT OF APPEALS
OF THE DISTRICT OF COLUMBIA
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.
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Chicago: U.S. Supreme Court, "Syllabus," Frosch v. Walter, 228 U.S. 109 (1913) in 228 U.S. 109 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=E963I95WM4IP846.
MLA: U.S. Supreme Court. "Syllabus." Frosch v. Walter, 228 U.S. 109 (1913), in 228 U.S. 109, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=E963I95WM4IP846.
Harvard: U.S. Supreme Court, 'Syllabus' in Frosch v. Walter, 228 U.S. 109 (1913). cited in 1913, 228 U.S. 109. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=E963I95WM4IP846.
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