Relation
Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879
Dictionary of Terms and Phrases Used in American or English Jurisprudence
1.
A connection or tie between two subjects; the bearing or effect of one thing upon another; the association or union of two persons for some purpose of domestic life, or in some social status, as the relation of guardian and ward.
2.
Special reasons sometimes exist ■why effect should be given to an act or transaction as if it had taken place at an earlier date than that of its actual occurrence; and, when this fiction is applied, the act or transaction is said to operate by relation, or to relate back. Thus it is common to say that assignment' in bankruptcy operates by relation to transfer the bankrupt's title as it existed at the date of filing the petition.
3.
An account of occurrences; a narrative; information given, as in the form of entitling suits by guo warranto, — the people, upon the relation of J S. 4. Relation is constantly used for a person considered as socially or legally connected with another. For this, however, relative is the better word. " Relation " might better be confined to the connection or tie; and " relative " employed to designate either of the persons involved. Such expressions as bequest to relations, blood relations, poor relations, would be better formed by substituting " relative." Relation, in its widest extent, embraces persons of every degree of consanguinity, and extends to all persons who are descended from the same common ancestors. Thus a granddaughter of a sister of the father of a testator is a relation of the testator.
Huling v. Fenner, 9 R. I. 410.
Where the word relations is used in a the devise would be void, from the uncertainty and generality of the term.
Crossly V. Clare, 1 Amb. 397.
Relation does not include a wife.
Esty V. Clark, 101 Mass. 36.
Relation does not include a step-son of a testator.
Kimball v. Story, 108 Mass. 382.
If a power is given in a will to "apportion to the relations " of the deceased, the appointment must be confined to the next of kin, according to the statiite of distributions, — especially if, by using the word relations in that restricted sense, in another part of the will, the testator appears so to have intended it. Varrell u.
Wendell, 20 N. H. 431.
Relation, in Wis. Rev. Stat. ch. 97, § 29, providing that " when a devise or legacy shall be made to any child or other relation of the testator, and the devisee or legatee shall die before the testator, leaving issue who shall survive the testator, such issue shall take the estate so given," includes only relations by consanguinity.
Cleaver V. Cleaver, 39 Wis. 96.