Estate of Dawson v. Harris Trust & Savings Bank

This dispute presents the question whether a child born and adopted after a trust is executed is intended to be included within the term “child” or “heir-at-law” as used within the language of a trust. The trust in question was executed on January 3, 1928, by Walter H. Eckert (Walter), an attorney. The trust transferred assets to Walter’s wife, Georgia, and himself as trustees. Walter and Georgia had one child, Jane, who was about 17 years of age at the time the trust was executed. No other child was born to or adopted by Walter and Georgia.

The trust provided as follows:

“I. During the…