Rodgers, Jr., Gdn. v. Miller, Trustee

At the time that the settlor executed the deed of trust and for many years thereafter neither of the adopted children of Malcolm Douglas Jeffrey and his wife were in existence. Therefore, as individuals in the status of children of his children they could not have specifically been in the mind of the settlor. He did know, according to the record, that some of his children had natural children and that none had adopted children.

In every instance, save one, in Item V, when the settlor speaks of the immediate representatives of his own children, he characterizes them as “child” or “children” of…