Definition
A phrase of art appearing in wills and testamentary instruments, used to define the class of beneficiaries who will take a gift or bequest. When a testator leaves property to "all the children of A," the gift is a class gift — meaning the share of each beneficiary is determined not at the time the will is drafted, but when the class closes and the identities of all members are finally ascertained.
The phrase raises persistent questions of construction:
1. Who counts as a "child" of A? At common law, the term was generally confined to legitimate children. Modern doctrine and statutory reform in most jurisdictions extend the term to include adopted children and, increasingly, children born outside of marriage. The answer governs who shares in the gift.
2. When does the class close? Under the rule of convenience, a class closes when any member is entitled to demand distribution. Children born or adopted after that point are typically excluded.
3. What happens when a child of A predeceases the testator or the closing of the class? Depending on jurisdiction and the instrument's language, antilapse statutes, substitutional gifts, or a surviving-class-members rule may govern.
The phrase is an anchor for class gift doctrine and must be read in light of the instrument as a whole, applicable rules of construction, and the law of the jurisdiction governing the estate.
Common Confusion
"Children" is not synonymous with "issue," "descendants," or "heirs." "Issue" and "descendants" typically sweep in grandchildren and further generations. "Heirs" is a term of art referring to those who would take under intestacy, which may or may not correspond to the testator's children. A will leaving property to "all the children of A" does not, without more, include A's grandchildren — a distinction that has generated substantial litigation and should be carefully checked against the specific instrument and governing law.
Why It Matters in Research
This phrase is a doorway to some of the most technically demanding territory in estates and probate law. Several research traps apply:
Historical sources reflect a narrow common-law definition of "child" that excluded illegitimate children entirely and treated adopted children as legal strangers. Cases and treatises predating the mid-twentieth century must be read with this baseline in mind. Statutory reform — beginning in earnest in the 1960s and continuing through uniform acts — substantially altered the default meaning of "children" for purposes of class gifts. A historical case construing "all the children of A" may reflect a legal world that no longer exists in the researcher's jurisdiction.
The phrase also intersects with the Rule Against Perpetuities. A gift to "all the children of A" where A is alive at the testator's death is generally valid under the common-law Rule because the class must close within A's lifetime plus the gestation period. However, more remote class descriptions (e.g., "all the children of A's children") trigger perpetuities analysis and the all-or-nothing rule — meaning the entire class gift may fail if any member of the class might receive a vested interest outside the perpetuities period. The encyclopedia entry at estates_113 addresses this intersection directly.
The Law Mind corpus contains instruments, cases, and treatises spanning a period when these rules were in active flux. Researchers should identify the governing law's date as well as the instrument's date, and should not assume that a rule stated in a nineteenth-century source controls a modern construction question.
Historical Dictionary Support
Rapalje & Lawrence's entry is a bare citation — "AND B., (in a will). 10 Ch. D. 236" — offering no substantive commentary. This brevity is characteristic of the dictionary's treatment of phrase-of-art entries, which function as index points to case law rather than explanatory definitions. The citation to 10 Ch. D. 236 (a Chancery Division report from the English courts) signals that the phrase was understood primarily through judicial construction of specific instruments, not through fixed statutory definition. Historical dictionaries generally do not address the treatment of illegitimate or adopted children, reflecting the period's default exclusion of both — a significant gap for modern researchers.
Jurisdictional Note
The definition of "child" for class gift purposes varies meaningfully by jurisdiction and by the date of the governing instrument. The Uniform Probate Code and similar reforms have moved most American jurisdictions toward inclusion of adopted children and, with variation, children born outside of marriage. Researchers working across jurisdictions or with older instruments should consult the applicable state's construction statutes and any relevant UPC adoption.
Encyclopedia Cross-Reference
estates_113: Class Gifts and the Rule Against Perpetuities — The All-or-Nothing Rule and Subclass Exceptions (The Law Mind Trusts, Estates & Probate Encyclopedia)
family_95: Child Support — Support for Children with Special Needs (The Law Mind Family Law Encyclopedia)