Family

a number of individuals related to the nominal head of the household or to the spouse of the nominal head of the household living as a single housekeeping unit in a single dwelling unit, but limited to the following

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Persons collectively who live together in a house or under one head; a household. 90 IlL 252; 26 111. App. 262. Father, mother, and children, including the servants of the family. All the relations who descend from a common ancestor, or who spring from a common root. Code La. art. 3522, No. 16; 9 Ves. 323. As used 'in homestead and exemption laws, it generally includes all persons resident under a roof whom the head of the family is under legal or moral duty to support. Thomp. Homest. & Ex. § 44. In other connections it has been given a 263), or even permanent boarders, but not visitors (13 Mass. 520). In the construction of wills, the word "family," when applied to personal property, is synonymous with "kindred," or "relations," meaning next of kin, as applied to personalty (9 Ves. 323), and heirs at law, as applied to realty (17 Ves. 255). It may nevertheless be confined to particular relations by the context of the will, or may be enlarged by it, so that the expression may in some cases mean children, or next of kin, and in others may even include relations by marriage. 1 Rop. Leg. 115; 1 Hov. Supp. to Ves. 365, notes 6, 7; 2 Ves. Jr. 110; 4 Ves. 708; 5 Ves. 156; 17 Ves. 255; 3 East, 172; 6 Maule & S. 126. See "Legatee;" Dig. 50. 16. 195. 2.

Father, mother, and children. All the Individuals who live under the authority of another, including the servants of the family. Poor v. Ins. Co., 2 Fed. 482. All the relations who descend from a common ancestor or who spring from a common root La. Code, art 3522, no. 16; 9 Ves. 323. The primary meaning of a testator’s “family" In a will Is children; 8 Ch. Div. 672. In common parlance It consists of those who live under the same roof with the paterfamilias. When they branch out and become the heads of new establishments, they cease to be part of the father’s family. 4 Term 797; Dodge v. R. Co., 154 Mass. 299, 28 N. eluding parents, children, and servants. It Is not necessary, to sustain the family relation between parents and children, that they should reside together; Putman v. Southern Pac. Co., 21 Or. 230, 27 Pac. 1033. Where the mother of an insured person did not live with him and was not dependent upon him for support. It was held she was not a member of his family; Western Commercial Travelers’ Ass’n v. Tenuent, 128 Mo. App. 641, 106 S. W. 1073. It Is said to mean, in the Texas (ionstltution, “every collective body of persons living together within the same curtilage, subsisting in common, directing their attention to a common object — the promotion of their mutual interests and social happiness.” Wilson v. Cochran, 31 Tex. 680, 98 Am. Dec. 653. “A family is the collective,, body of persons who live in one house, under one head or manager.” Tyson v. Reynolds, 52 la. 431, 3 N. W. 469; Arnold v. Waltz, 53 la. 706, 6 N. W. 40, 36 Am. Rep. 248. Those members of the household who are dependent on the householder to whom he owes some duty. Brokaw v. Ogle, 170 111. 115, 48 N. E. 394, The meaning of the terra is frequently a matter of statutory or constitutional interpretation. An unmarried woman keeping house and taking care of two children of a deceased sister is the head of a family; Arnold V. Waltz, 53 la. 706, 6 N. W. 40, 36 Am. Hep. 248; a widower without children, who takes his mother to live with him; Parsons V. Livingston, 11 la. 104, 77 Am. Dec. 135; an unmarried man who succeeds his father in taking care of his minor sisters may be deemed the head of a family; Gi’ceuwood v. Maddox, 27 Ark. 658; an unmarried man supporting his widowed.sister and her small c Mldren; Wade v. Jones, 20 Mo. 75, 61 Am. Dec. 684; an unmarried man whose widowed sister lived with him and kept his house; Bailey v. Comings, Fed. Cas. No. 733; an unmarried woman with her Illegitimate child; Ellis v. White, 47 Cal, 73. But not a man who has no family; Abercrombie v. Alderson, 9 Ala. 981; Woodworth v. Comstock, 10 Allen (Mass.) 425. A single person in the actual occupancy of a homestead, although not the head of a family, is entitled to a homestead exemption as a family; Hesnard V. Plunkett, 6 S. D. 73, 60 N. W. 169. Husband and wife constitute a family under homestead and exemption laws; Williams V. Young, 17 Cal. 403; Oppenheim v. Myers, 99 Va. 682, 39 S. E. 218; Chafee v. Rainey, 21 S. 0. 11; Dye v. Cooke, 88 Tenn. 275, 12 S. W. 631, 17 Am. St Rep. 882; Trotter v. Dobbs, 38 Miss. 198; Miller v. Blnegan, 26 ‘ Fla. 29, 7 South. 140, 6 L. R. A. 813; Cox v. Stafford, 14 How. Pr. (N. Y.) 619; Kitchell V. Burgwln, 21 111. 46; a widow constitutes ler & Co. V. Price, 68 Kan. 640, 75 Pac, 1019; and a widow without children; Moore v. Parker, 13 S. C, 490; and one whose children had all reached majority, where one of them had lived in her house and was dependent on her for support; Sheehy v. Scott, 128 la. 551, 104 N. W. 1139, 4 L. R. A. (N. S.) 365; a deserted wife without children was head of a family; Berry v. Hanks, 28 111. App, 61; and so was a widower with whom lived his son and his son’s wife and a servant; Tyson V, Reynolds, 52 la. 431, 3 N. W. 469; or a widower and a grown-up daughter; Cox v. Stafford, 14 How, Pr. (N. Y.) 521; or merely a widower; In re Lamb’s Estate, 95 Cal. 397, 30 Pac. 668; and where the homestead had been acquired, a widower having a son and daughter of age was entitled to the exemption; Webb V. Cowley, 5 Lea (Tenn.) 722; so where there were no children, but a widower kept house with a housekeeper; Bills V. Davis, 90 Ky. 183, 14 S. W. 74; but a widower keeping house with a female relative, to whom he owes no duty of support, has no family; Whitehead v. Nickelson, 48 Tex. 517. Under homestead laws: (1) Family relates to social status, not a mere contract; (2) legal or moral obligations on the head of the family to support the other members must be considered; and (3) corresponding state of dependence on the part of the other members for this support; Roco v. Green, 50 Tex. 488, In the payment of mutual benefits to the family of the holder of a certificate, a stepfather, not a member of the insured’s household, was held not a member of his family; Supreme Lodge Order of Mutual Protection V. Dewey, 142 Mich. 666, 106 N. W. 140, 3 L. R, A. (N. S.) 334, 113 Am. St. Rep. 596, 7 Ann. Cas. 681, In mutual benefit statutes “family” is an expression of great flexibility. It may mean the husband and wife, having no children and living alone together, or it may mean children or wife and children, or blood relatives, or any group constituting a distinct domestic or social body; Carmichael V. Ben. Ass’n, 61 Mich. 494, 16 N. W. 871. It may apply to blood relatives, even though living apart from the applicant and having families of their own. It may apply to those who are neither relatives by consanguinity or affinity, provided they are of the household of the applicant and maintaining the relations usual in families united by blood; Carmichael v. Ben. Ass’n, 51 Mich. 494, 16 N. W, 871; Simeoke v. Grand Lodge of A. O, U. W. of Iowa, 84 la. 383, 61 N. W. 8, 16 L. R. A. 114; Spear v. Robinson, 29 Me. 531; Klotz V. Klotz, 22 S. W. 651, 16 Ky. L. Rep. 183; Appeal of Folmer, 87 Pa. 133; Danielson v. Wilson, 73 111. App. 287;. Carpenter v. Ins, Co., 161 Pa, 9, 28 Atl. 943, 23 L. R. A. 671, 41 Am. St. Rep. 880; Norwegian Old People’s Home Society v. Wilson, 176 111. 94, 62 N. E. ily, when applied to personal property, Is synonymous with kindred or relations. It may, nevertheless, be confined to particular relations by the context of the will,, or may be enlarged by it, so that the expression may in some cases mean children, or next of kin, and in others' may even Include relations by marriage; Schoul. Wills 537. The primary meaning of the word family is children, and it must be so construed in all cases unless the context shows that it was used in a different sense; Phillips v. Ferguson, 85 Va. 509, 8 S. B. 241, 1 L. R. A. 837, 17 Am. St Rep. 78. It has been more commonly held that parents are not included in the term; 8 Ves. 604; 2 Redf. Wills 73; 5 Maule & S. 126; Spencer v. Spencer, 11 Paige (N. Y.) 159; it may include a wife as well as children; Bowditch V. Andrew, 8 Allen (Mass.) 339. A statute providing that real estate shall not go "out of the family” restricts the descent to the issue of the ancestor; Den v. D’Hart, 3 N. J. L 481. See Head of a Family.

A collective body of persons who live in one house and under one head or management. Jarboe v. Jarboe, 106 Mo. App.i459, 79 S. W. 1162; Dodge v. Boston & P. R. Corp, 154 Mass. 299, 28 N. E. 243, 13 L. R. A. 318; Tyson v. Reynolds, 52 Iowa, 481, 3 N. W. 469. A family comprises a father, mother, and children.

In a wider sense, it may include domestic servants; all who live in one house under one head.

In a still broader sense, a group of blood-relatives; all the relations who descend from a common ancestor, or who spring from a common root. See Civil Code La. art. 3522, no. 16; 9 Ves. 323. A husband and wife living together may constitute a "family," within the meaning of that word as used in a homestead law. Miller v. Finegan, 26 Fla. 29, 7 South. 140, 6 L. R. A. 813. "Family," in its origin, meant "servants;" but, in its more modem and comprehensive meaning, it signifies a collective body of persons living together in one house, or within the curtilage, in legal phrase. Wilson v. Cochran, 31 Tex. 077, 98 Am. Dec. 553. "Family" may mean children, wife and children. blood-relatives, or the members of the domestic circle, according to the connection in which the word is used. Spencer v. Spencer, 11 Paige (N. Y.) 159. "Family," in popular acceptation, includes parents, children, and servants,—all whose domicile or home is ordinarily in the same house and under the same management and head. In a statute providing that to gain a settlement in a town one must have "supported himself and his family therein" for six years, it includes the individuals whom it was the right of the head to control, and his duty to support The wife is a member of the family, within such an enactment. Cheshire v. Burlington, 31 Co.nn. 326.

— Family arrangement. A term denoting an agreement between a father and his children, or between the heirs of a deceased father, to dispose of property, or to partition it in a different manner than that which would resalt if the law alone directed it, or to divide up property without administration. In these cases, frequently, the mere relation of the parties will give effect to bargains otherwise without adequate consideration. 1 Chit. Pr. 67; 1 Turn. & R. 13

— Family Bible. A Bible containing a record of the births, marriages, and deaths of the members of a family.

— Family meeting. An institution of the laws of Louisiana, being a council of the relatives (or, if there are no relatives, of the friends) of a minor, for the purpose of advising as to his affairs and the administration of his property. The family meeting is called by order of a judge, and presided over by a justice or notary, and must consist of at least five persons, who are put under oath. In re Bothick, 44 La. Ann. 1037, 11 South. 712; Civ. Code La. art. 305. It corresponds to the "conseil de famille" of French law, g. v.

— Family settlement. A term of practically the same signification as "family arrangement," q. v. supra. See Willey v. Hodge, 104 Wis. 81, 80 N. W. 75, 76 Am. St. Rep. 852.

A body of persons living together in one house and under one management or head; in the more general sense, including parents, children and servants; in a stricter sense, including children over age who have no home elsewhere; in the strictest sense, parents and children. Family physician: the physician who commonly attends and is consulted by the members of a family. Family use: such use as is appropriate to the individual needs of the members of a household, and to the needs of the members collectively.

^ Originally, servants; in its modern comprehensive meaning, a collective body of persons living together in one house, or within the curtilage.' In popular acceptance includes parents, children, servants — all whose domieil or home is ordinarily in the same house and under the same management and head.< In its limited sense signifies father, mother, and children; in its ordinary acceptation, all the relatives who descend from a common root; in its most extensive scope, all the individuals who live together under the authority of another, including even servants.* The most comprehensive definition is, a number of persons who live in one house and under one management or head." No specific number of persons is required; nor that they eat where they live, nor that they be employed in or about the house.^ Children, wife and children, blood relatives, or the members of the domestic circle; according to the connection.' Includes children over age, if they have no home elsewhere." Family arrangement. An arrangement between members of a family as to the disposition of their property. - > See 1 Bish. Or. L. § 1088; 2 Greenl. Ev. § 44; 88 Conn. 467; 132 Mass. 2; 74 Me. 153; 29 Minn. 193, 195. * L. familia, household: domestics: famulus, a servant. s Wilson V. Cochran, 31 Tex. 680 (1869); Eooo v. Green, 50 id. 483 (1878). < Cheshire v. Burlington, 81 Conn. 339 (1803); 51 Mich. 494. ' Galligar v. Payne, 31 La. An. 1058 (1883), Bermudez, C. J.: 15Eeti. 464. • Poor V. Hudson Ins. Co., 3 F. E. 488 (1880). ' Spencer v. Spencer, 11 Paige, 160 (1844), Walvrorth, Ch. See also Muir u Howell, 87 N. J. L. 39 (1883), eases; Race v. Oldridge, 90 111. 253 (1878); 3 Woods, 494; 53 Iowa, 707; 56 id. 389; 125 Mass. 377; 138 id. 334; 137 Family Bible. Containing entries of family incidents,—births, marriages, and deaths, made by a parent, since deceased, will be received in evidence. ^ See Pedigree. Family ootincil, or meeting. In Louisiana, a meeting of the I'elatives or friends of a minor or other person incompetent to act for himself, may be held, by j\idicial appointment, to advise upon the interests of such person. 2 ^ Fam.ily physician. The physician who usually attends and is consulted by the members of a family as their physician.' It is not necessary that he should invariably attend and be consulted by each and all the members of the family.* Family use. Such use as is appropriate to the individual needs of the members of a household, and to the needs of the household in its collective capacity.'' To supply water for family use in a city includes supplying city buildings, such as a 'jail, and hospitals, poorhouses, schools, and other institutions * Groceries kept by a merchant as part of liis stock are not "provisions found on hand for family use," within the meaning of an exemption law.* Head of a family. The person who controls, supervises or manages the affairs about a house. Where there is a husband or father, he is ordinarily the head; but there may be a head where there is no marriage relation.* Compare Householder; Pater.