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Kindred

Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914

Bouvier's Law Dictionary and Concise Encyclopedia

Relations by blood.

2 Jarm. Wills 643; Wetter v. Walker, 62 Ga. 144, quoting 2 Wms. Ex. 815.

It is in some cases, however, used to include relations in law, as children by adoption in a statute; Power v. Hafley, 85 Ky. 671, 4 S. W. 683; but not a grandson adopted as a son, so as to make kindred include the adopting parent; Delano V. Bruerton, 148 Mass. 619, 20 N. E. 308, 2 L. R. A. 698. It was held that as the word kindred in the statute of descents means lawful kindred, that term did not include the mother of a bastard, wlien the right accrued prior to the act enabling illegitimate children to inherit; Hughes v. Decker, 38 Me. 153.

See Humphries v. Davis, 100 Ind. 280, 60 Am. Rep. 788; Wunderle v. Wunderle, 144 111. 40, 33 N. E. 195, 19 L. R. A. 84.

See Bastabd; Descent and Distribution. The kindred of every one are divided into three principal classes.

1.

His children, and their descendants.

2.

His father, mother, and other ascendants.

3.

His ’ collateral relations; which Include, in the first place, his brothers and sisters, and their descendants; and, secondly, his uncles, cousins, and other relations of either sex, who have not descended from a brother or sister of the decea.sed. All kindred, then, are descendants, ascendants, or collaterals. A husband or wife of the deceased, therefore, is not his or her kindred; 14 Vesl 372.

See Wood. Inst. 50; Aylift’e, Parerg. 425; Dane, Abr.; Toullier, Ex. 382, 2 Sharsw. Bla. Com. 516, n.; Pothier, Dea Successions, c. 1, art. 3.