Next

Next is only an abbreviation of the word "nearest." 1 Coll. C. C. 9; 13 L. J. Ch. 147; 36 L. J. Ch. 793; L. R. 4 Eq. 359. It means nearest or nighest; not in the sense of propinquity alone, as, for example, three persons on three chairs, one in the midst, those on each side of the middle one are equally near, each "next" to the center one. But it signifies also order, or succession, or relation as well as propinquity. 27 L. J. Ch. 654.

Nearest or nighest, not in the sense of propinquity alone, as, for example, three persons on three chairs, one in the midst, those on each side of the middle one are equally near, each “next” to the middle one; but it signifies also order, or succession, or relation as well as propinquity. 27 L. J. Ch. 654. See 3 Q. B. 723; Couch v. Turnpike Co., 4 Johns. Ch. (N. Y.) 26.

Nearest; closest; immediately following. See Green v. McLaren, 7 Ga. 107; State v. Asbell, 57 Kan. 398, 46 Pac. 770; German Security Bank v. McGarry, 106 Ala. 633, 17 South. 704.

— Next devisee. By the term "first devisee" is understood the person to whom the estate is first given by the will, while the term "next devisee" refers to the person to whom the remainder is given. Young v. Robinson, 5 N. J. Law, 689.

— Next friend. The legal designation of the person by whom an infant or other person disabled from suing in his own name brings and prosecutes an action either at law or in equity; usually a relative. Strictly speaking, a next friend (or "prochein amy") is not appointed by the court to bring or maintain the suit, but is simply one who volunteers for that purpose, and is merely admitted or permitted to sue in behalf of the infant; but the practice of suing by a next friend has now been almost entirely superseded by the practice of appointing a guardian ad litem. See McKinney v. Jones, 55 Wis. 39, 11 N. W. 606; Guild v. Cranston, 8 Cusbu (Mass.) 506; Tucker v. Dabbs, l2 Heisk. (Tenn.) 18; Leopold v. Meyer, 10 Abb. Prae. (N. Y.) 40.

— Next of kin. In the law of descent and distribution. This term properly denotes the persons nearest of kindred to the decedent, that is, those who are most nearly related to him by blood ; but it is sometimes construed to mean only those who are entitled to take under the statute of distributions, and sometimes to include other persons. 2 Story, Eq. Jur. § 1065b. The words "next of kin," used simpliciter in a deed or will, mean, not nearest of kindred, but those relatives who share in the estate according to the statute of distributions, including those claiming per stirpes or by representation. Slosson v. Lynch, 43 Barb. (N. Y.) 147.

— Next presentation. In the law of advowsons. The right of next presentation is the right to present to the first vacancy of a benefice.

Nearest Next friend: a person, usually whom an infant sues at law or in equity. Next blood. A term commonly applied, in the law of est blood relatives of a deceased person.

Nearest. A return of process to the " next term " means to the next term to which the law directs return.* A writ of attachment was issued in September, 1880, returnable to the "next March term, 1880." Held, that the writ being returnable to an impossible day, all proceedings were void.*

When a day or month is mentioned as antecedent or subsequent to a contract, and the precise day or month is not specified, it means the time nearest to the date of the contract. Whitney v. Crosby, 3 Cai. 89. Where it was necessary, in order to give a reasonable effect to a statute, the words " 1st day of August next " were held to mean next after an event referred to, not next after the date of the act. Couch v. Ulster & Orange Branch Turnpike Co., 4 Johns. Ch. 26. Next court. In the act of 1799 of Georgia, means the next court after that to which a bill in equity is returned; and defendant in equity is not obliged to answer at the term to which the bill is returned. Green v. Mc Laren, 7 Ga. 107. A statute providing that the report of referees shall be made to the next court of common pleas to be holden in the county, means the next term of that court held after the making of the award. Durell v. Merrill, 1 Mass. 411. Next friend. One who represents a party to a suit who is not sui juris; a guardian ad litem; a prochein ami. Next of kin. The words next of kin, in a will, mean nearest of kin. Simmons v. Gooding, 5 Ired. Eq. 382; Redmond «. Burroughs, 63 N. C. 242. The words next of kin, used simplidter in a deed or will, mean, not nearest of kindred, but those relatives who share in the estate, according to the statute of distributions, including those claiming per stirpes or by representation. Slosson v. Lynch, 28 How. Pr. 417; 43 Barb. 147. That next of kin cannot be construed so as to include representatives of next of kin, see Clayton v. Drake, 17 Ohio St. 367. The rule of the ecclesiastical law determines who are the next of, kin. The degrees of kindred are reckoned by the rule of the civil law, where the question is as to the succession to personal estate. Sweezey V. Willis, 1 Bradf. 495. In determining who is intended by next of kin, in a statute regulating descents or distribution, the rules of the common law should be followed. Legitimate kindred only are presumed to be intended, unless As used in the Illinois statute of wills, the phrase next of kin to the mother includes illegitimate as well as legitimate children. Rogers v. Weller, 5 Biss. 166. The words next of kin are limited in the legal meaning, as in common use, to blood relations, and do not include a husband or a wife, unless accompanied by other words clearly manifesting a purpose to extend their signitication. Mere addition of a reference to the statute of distributions is not sufficient therefor. Haraden v. Larrabee, 113 Mass. 430. The phrase next of kin, as used in the statutes authorizing action for causing death, does not include husband or wife; but is used to signify relatives of a person who has died intestate. Green v. Hudson River R. R. Co., 32 Barb. 25, 28. " Next of kin," in 2 Rev. Stat. 451, § 23, authorizing actions against the next of kin to recover back the assets, means those to whom, under the statute of distributions, the personal estate of the deceased would pass. It embraces all relatives entitled to share in the assets of an intestate estate, and it therefore includes the widow of the deceased. Merchants' Ins. Co. v. Hinman, 34 Barb. 410. Where a bequest is left to a man's next of kin, relations, or descendants, to be divided among them, as if he had died intestate, his widow is not included. Hamlin v. Osgood, 5 N. Y. Sun: 409. A husband is not of the next of kin of his wife, within the meaning of the statute of distributions. The words next of kin embrace blood relatives only. - Peterson v. Webb, 4 Ired. Eq. 56. " Next of kin " is a comprehensive term for the relatives of a person dying intestate. It should be understood as comprehending these persons, and no others, who stand named, in order, in the statute of distributions, to take the personalty, — the children, husband or wife, brothers and sisters, &c. In Ohio, read in connection with the statutes of descent and distribution, the phrase includes the husband. Steel v. Kurtz, 28 Ohio St. 192. First cousins of the whole and half blood are next of kin in equal degree, and equally entitled to distribution. Edwards v. Bucksdale, 2 mU Ch. 416. Next regular session. This phrase in the III. Const, of 1870, art. 4, § 18, prescribing that " each general assembly shall provide for all the appropriations necessary for the ordinary and contingent expenses of the government until the expiration of the first fiscal quarter after the adjournment of the next regular session," means the end of the first fiscal quarter after the adjournment of the second regular session of the general assembly held after the adoption of the constitution. People v. Lippincott, 64 ///. 256. Next term. In Iowa, where, by attachgeneral term will be intended, unless a special term had been appointed at the time of the issuing of the writ. Wilkio v. Jones, 1 Morr. 97. Under a statute requiring an action to be entered at the term of court holden next after its removal to the court, an action was removed by an order passed March 2, which also was the first day of a term. Held, that the next subsequent term, and not the term commencing March 2, was the next term within the meaning of the law. French v. Barnard, 9 Cush. 403. The phrase next term, in the act of 1799, meant the term holden after the termination of the circuit court. Moodie v. Vandyke, 4 Yeates, 512.