Next

When a day or month is mentioned as antecedent or subsequent to a contract, and the precise day or month is not specified, it means the time nearest to the date of the contract.

Whitney v. Crosby, 3 Cai. 89.

Where it was necessary, in order to give a reasonable effect to a statute, the words " 1st day of August next " were held to mean next after an event referred to, not next after the date of the act.

Couch v. Ulster & Orange Branch Turnpike Co., 4 Johns. Ch. 26.

Next court

In the act of 1799 of Georgia, means the next court after that to which a bill in equity is returned; and defendant in equity is not obliged to answer at the term to which the bill is returned.

Green v. Mc Laren, 7 Ga. 107.

A statute providing that the report of referees shall be made to the next court of common pleas to be holden in the county, means the next term of that court held after the making of the award.

Durell v. Merrill, 1 Mass. 411.

Next friend

One who represents a party to a suit who is not sui juris; a guardian ad litem; a prochein ami. Next of kin. The words next of kin, in a will, mean nearest of kin.

Simmons v. Gooding, 5 Ired. Eq. 382; Redmond «. Burroughs, 63 N. C. 242.

The words next of kin, used simplidter in a deed or will, mean, not nearest of kindred, but those relatives who share in the estate, according to the statute of distributions, including those claiming per stirpes or by representation.

Slosson v. Lynch, 28 How. Pr. 417; 43 Barb. 147.

That next of kin cannot be construed so as to include representatives of next of kin, see Clayton v. Drake, 17 Ohio St. 367. The rule of the ecclesiastical law determines who are the next of, kin. The degrees of kindred are reckoned by the rule of the civil law, where the question is as to the succession to personal estate.

Sweezey V. Willis, 1 Bradf. 495.

In determining who is intended by next of kin, in a statute regulating descents or distribution, the rules of the common law should be followed. Legitimate kindred only are presumed to be intended, unless As used in the Illinois statute of wills, the phrase next of kin to the mother includes illegitimate as well as legitimate children.

Rogers v. Weller, 5 Biss. 166.

The words next of kin are limited in the legal meaning, as in common use, to blood relations, and do not include a husband or a wife, unless accompanied by other words clearly manifesting a purpose to extend their signitication. Mere addition of a reference to the statute of distributions is not sufficient therefor.

Haraden v. Larrabee, 113 Mass. 430.

The phrase next of kin, as used in the statutes authorizing action for causing death, does not include husband or wife; but is used to signify relatives of a person who has died intestate. Green v. Hudson River R. R. Co., 32 Barb. 25, 28. " Next of kin," in 2 Rev. Stat. 451, § 23, authorizing actions against the next of kin to recover back the assets, means those to whom, under the statute of distributions, the personal estate of the deceased would pass. It embraces all relatives entitled to share in the assets of an intestate estate, and it therefore includes the widow of the deceased.

Merchants' Ins. Co. v. Hinman, 34 Barb. 410.

Where a bequest is left to a man's next of kin, relations, or descendants, to be divided among them, as if he had died intestate, his widow is not included.

Hamlin v. Osgood, 5 N. Y. Sun: 409.

A husband is not of the next of kin of his wife, within the meaning of the statute of distributions. The words next of kin embrace blood relatives only. - Peterson v. Webb, 4 Ired. Eq. 56. " Next of kin " is a comprehensive term for the relatives of a person dying intestate. It should be understood as comprehending these persons, and no others, who stand named, in order, in the statute of distributions, to take the personalty, — the children, husband or wife, brothers and sisters, &c. In Ohio, read in connection with the statutes of descent and distribution, the phrase includes the husband.

Steel v. Kurtz, 28 Ohio St. 192.

First cousins of the whole and half blood are next of kin in equal degree, and equally entitled to distribution.

Edwards v. Bucksdale, 2 mU Ch. 416.

Next regular session

This phrase in the III.

Const, of 1870, art.

4, § 18, prescribing that " each general assembly shall provide for all the appropriations necessary for the ordinary and contingent expenses of the government until the expiration of the first fiscal quarter after the adjournment of the next regular session," means the end of the first fiscal quarter after the adjournment of the second regular session of the general assembly held after the adoption of the constitution.

People v. Lippincott, 64 ///. 256.

Next term. In Iowa, where, by attachgeneral term will be intended, unless a special term had been appointed at the time of the issuing of the writ.

Wilkio v. Jones, 1 Morr. 97.

Under a statute requiring an action to be entered at the term of court holden next after its removal to the court, an action was removed by an order passed March 2, which also was the first day of a term. Held, that the next subsequent term, and not the term commencing March 2, was the next term within the meaning of the law.

French v. Barnard, 9 Cush. 403.

The phrase next term, in the act of 1799, meant the term holden after the termination of the circuit court.

Moodie v. Vandyke, 4 Yeates, 512.