Consanguineous Frater

A brother who has the same father. 2 Bl. Comm. 231.

A brother who has the same father. 2 Bla. Com. 231. CONSANGUINITY (Lat consanguis, blood together). The relation subsisting among all the different persons descending from the same stock or common ancestor. See Sweezey v. Willis. 1 Brad. Surr. R. (N. Y.) 495. Having the blood of some common ancestor. Pdodget v. Brinsmald, 9 Vt 30. Collateral consanguinity is the relation subsisting among persons who descend from the same common ancestor, but not from each other. It is essential, to constitute this relation, that they spring from the same common root or stock, but in different branches. Lineal consanguinity is that relation which exists among persons where one is descended from the other, as between the son and the father, or the grandfather, and so upward in a direct ascending line; and between the father and the son, or the grandson, and bo downwards in a direct descending line. In computing the degree of lineal consanguinity existing between two pi ery generation in the direct course of relationship between the two parties makes a degree; and the rule is the same by the canon, civil, and common law. The mode of computing degrees of collateral consanguinity at the common and by the canon law is to discover the common ancestor, to begin with him to reckon d wards, and the degree the two perso; the more remote of them, is distant the ancestor, is the degree of kindred subsisting between them. For instance, two brothers are related to each other In the first degree, because from the father to each of them is one degree. An uncle and a nephew are related to each oilier in the second degree, because the nephew is two degrees distant from the common ancestor; and the rule of computation is extended bo the remotest degrees of collateral relationship. The method of computing by the civil law is to begin at cither of the persons in question, and count up to the common ancestor, and then downwards to the other person, cending and descending, and the degrees they stand from each other is the degree in which they stand related. Thus, from a nephew to his father is one degree; to the grandfather, two degrees; and then to the uncle three; which points out the relationship. The following table, in which the Roman numeral letters express the degrees by the civil law, and those in Arabic figures those by the common law, will fully illustrate the subject. The mode of the civil law is preferable, for it points out the actual degree of kindred in all cases; by the mode adopted by the common law, different relations may stand in the same degree. The uncle and nephew stand related in the second degree by the common law, and so are two first cousins, or two sons of two brothers; but by the civil law the uncle and nephew are in the third degree, and the cousins are in the fourth. The mode of computation, however, is immaterial; for both will establish the same person to be the heir; 2 Bla. Com. 202. rv. Great-gran d father's father. 4 \ m. V. Great-grandfather. 1 Great-grandun cle. 3 4 \