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CHILDREN Definition & Legal Meaning

Definition & Citations:

Offspring; progeny. Legitimate offspring; children born in wedlock. Bell v. Phyn, 7 Ves. 458. The general rule is that “children,” in a bequest or devise, means legitimate children. Under a devise or bequest to children, as a class, natural children are not included, unless the testator’s intention to include them is manifest, cither by express designation or necessary implication. Heater v. Van Auken, 14 N. J. Eq. 159; Gardner v. lleyer, 2 Paige (N. Y.) 11. In deeds, the word “children” signifies the immediate descendants of a person, in the ordinary sense of the word, as contradistinguished from issue; unless there be some accompanying expressions, evidencing that the word is used in an enlarged sense. Lewis, Perp. 196. In wills, where greater latitude of construction is allowed, in order to effect the obvious intention of the testator, the meaning of the word has sometimes been extended, so as to include grandchildren, and it has been held to be synonymous with issue. Lewis, Terp. 195, 196; 2 Crabb. Real Prop. pp. .”,8, 39,

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