The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-04-15

best Of our learning and ability
AS rastcla Brown died inlcssase
without child or the issue Of child or
children. her surviving, leaving her
surviving a husband, father and inolli.
or. three sisters and "a brother, let rs
first determine which OF them IA her
nearest relation" for such must I'M
herit the property under Section g.
supra Wobsters International Die
tionary 19OD defnes the word ere
lation' to be "a person connected BY
consanguinity or sihniiy; a relative,
kiBsman OF kinsWoman."
l}ouvier's Law Dictionary defines
a relative to be. zone connected with
anotner by blood or affinity: rela-
tion; kinsman: a kinswoman"
Without doubt the nearest rela-
ton" is meant by Section TO be some
one person, and that person 10 be
neither husband or wife Of the de
ceased. as they are provided for in
Section s. Besides. it has been held
by the great weight of authority that
husband cannot properly be consid-
cred relative of his wife or wife
u relative OF her husband
Bacon on Benefit Societies and Life
Insurance, Section 260-a, says:
There SENS to be no authority for
holding that the word relation in It's
strict legal and technical sense, in
cludes husband or wife. On the coa-
trary, authorities are fou NJ ,.-s- -
rect and explicit to the poht that they
are not relations. Thus in Williams
on Executors, page 1904, It is laid
down that no person can regularly
answer the description of relations but
those who are akin TO the testator BY
blood A wife, therefore, cannot claim
under a bequest of her husbands re-
lations nor a husband as a relation
to his wife. The Supreme Court Of
Pennsylvania ll Pa St. 506) has de
cided that in a will the terms my
nearest relations or connections do
not include the testator's wife TIE
decision SAYS: A wife Is no more a
J citation OF her husband than he Is Of
himself The English rule is the
.scine (ls Yes. 372); the word 'rell-
tons includes orly relations by blood
apd not connections by marriage. even
a husband or wife" citing authorities.
(Kimball v Story, l0S Mass, $50;
Worsley " Johnson, 3 Atk., 76D.
"The phrases related TO, relations
and next of kin. whether used in a
statute. viii or contract, have by
"a perfectly uniform course OF decis-
ion been held TO include only relations
by blood and not connections by mar
riage. not even a husband or a wife,
Sup. Council Or. Cho. Friends i.
Bennett, AZ n. j. a. 49,
"a Am. & Eng. Enc of Law, PISA,
says
"The definition commonly given nf
relative or relation is a person con
nected with another by consanguinity
or affinity; but in view Of the decis.
ions il would seem thai the word has
ing as this. and is more properly con.
fined TO connections by consanguiuity
alone, citing authorities.
1T has been held frequently that n
It's strict technical sense the word
relative or relation does not include
husband or wife.
Neither Is this nearest relation
intended tc be a child of the intestate
for the children are provided for in
that same section, and, besides. Il ha'
ben held that children are not rela
tives. (Hardgadine v Pulte. % Mo
f23.D
Then. If the term nearest relation
excludes the husband and wife and
the children, as Castclla Brown had
her surviving father and mother
and sisters and a brother lei us see
which one OF these fall within III,
term.
In Swasey " jacques l44 Mass
1856, Field, j., speaking for the court
said
1T Is certainly difficult TO distin
guish between the expressions next of
kin nearest relation nearest ol
kim nearest of kindred and neares
blood relations, and primarily the
words indicate the nearest degree OF
lconsanguinity
And so we are of the opinion that
nearest relations indicates the
nearest degree of consangUinty" and
is equivalent to next of kindred"
Therefore, the inquiry Is, which ii
next OF kindred" to Casteila Brown
her father and mother or her sisters
and brother2
Chancellor Kent in Vol 4 OF the
18th Ed. of his Commentaries, p N39S
answers the qaestion for us when +.
says:
hut the next of hndre,
to the intestate, | presume must b.
the parents, If living. They are near
er of kin than brothers and sisters
And so we say that the parents o
! Castella Brown are her nearest rela
lions" and now the question IL. whicl
one of them Is her nearest relation
/ Cynthia Toliiver, her mother @
George Brown, her father, the latte
of whom Is not before the CONT
In determining between the parent
of Castella Brown as to which OF then
lis her nearest relation and, there
fore. entitled to take this inheritance
let us take a general view Of the sil
luation. In doing so we shall not es
ercise. although we have, a very Wild
field OF inquiry, In Davidson " Gif
son, c. c.. A.. $40 the Court said.
The court in making ur It's oriniO
OF the law of The case Is not linite
IN its researches 10 legal literaiur,
1t may consult work on colIater
sciences or arts or history fouchin
the topic on trial, and may appeal {
the public archives for this purpose
lCiurg many authorities
On August n, 1852, the Unite