How have courts interpreted the words "child" and "children" in a property settlement agreement?

Some illustrations taken from California cases may serve to indicate how these principles are applied to particular situations. The word "children" as used in the beneficiary clause of an insurance policy may be interpreted to include illegitimate children, although the technical, common law meaning of the word excludes illegitimate children. Turner v. Metropolitan Life Ins. Co., supra.

The use of the words "child" and "children" in a property settlement agreement presents a question of fact whether they are used for descriptive purposes only or imply an undertaking to support them during the entire period of minority. The issue thus presented is whether the words were "intended as terms of description or of limitation." Walsh v. Walsh, 1941, 18 Cal.2d 439, 116 P.2d 62, 65.

The word "transaction" used in a contract for the dissolution of a real estate partnership, which called for a commission to be paid when any transaction leading to a commission was closed, may be interpreted to imply something more than a particular sale, lease or contract. And, because of the broad meaning of the word "transaction," evidence may be resorted to to show the dealings to which the partners had reference. Wachs v. Wachs, 1938, 11 Cal.2d 322, 79 P.2d 1085.