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Relations

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

Bouvier's Law Dictionary and Concise Encyclopedia

A term which, in its widest sense, includes all the kindred of the person spoken of.

— It has long been settled that in the construction of wills it includes those persons who are entitled as next of kin under the statute of distribution; 2 Jarm. Wills 6G1; Drew v. Wakefield, 54 Me. 291; L. R. 20 Eq. 410; [18941 3 Ch. 565; Gallagher v. Crooks, 132 N. Y. 338, 30 N. E. 746; in the interpretation of a statute, the term was held not to include a stepson; Kimball v. Story, 108 Mass. 382;

or a wife; Esty v. Clark, 101 Mass. 36, 3 Am. Rep. 320; In re Estate of Renton, 10 Wash. 533, 39 Pac. 145;

— or a brother-in-law; Horton v. Earle, 162 Mass. 448, 38 N. E. 1135; held to include a step-father; Smith v. Supreme Tent Knights of Maccabees of the World, 127 la. 115, 102 N. W. 830, 69 L. R. A. 174. A legacy to “relations” generally, or to “relations by blood or marriage,” without enumerating any of them, will, therefore, entitle to a share such of the testator’s relatives as would be entitled under the statute of distributions in the event of Intestacy; 1 Madd. 45; 1 Bro. C. C. 33. The same rule extends to devises of real estate; 1 Taunt. yond the ninth degree, have been holden incapable to serve on juries; 3 Chitty, Pr. 795, note c. As to the disqualification of a judge by reason of relationship, see Judge. Relationship or affinity is no objection to a witness, unless in the case of husband and wife.

See Witness.