Glossary : affinity
Definition 1
A connexion formed
by marriage, which places the hushand in the
same degree of nominal
propinquity to the relations of the wife, as that in
which she herself
stands towards them, and gives to the wife the same
reciprocal connexion
with the relations of the hushand. It is used in
contradistinction to
consanguinity. (q. v.) It is no real kindred.
2. Affinity or
alliance is very different from kindred. Kindred are
relations. by blood,
affinity is the tie which exists between one of the
spouses with the
kindred of the other, thus, the relations, of my wife, her
brothers, her
sisters, her uncles, are allied to me by affinity, and my
brothers,
sistors, &c., are allied in the same way to my wife. But my
brother and the
sister of my wife are not allied by the ties of affinity:
This will appear
by the following paradigms
My wife"s father ---|
||
||
-----------------| |
|||-- are
all allied to me.
Ego ----- My Wife0 My wife"s sister ---|
||
0 My wife"s niece ---|
My wife"s father, ---|
My Father |
|My brother
| | |and my wife"s
| | |sister are
|---------------|
|----------||not allied
| | ||
|to each other
My brotherEgo ---- My wife,My wife"s sister,
|
3. A person cannot, by legal succession, receive an inheritance
from a
relation by affinity, neither does it extend to the nearest
relations of
hushand and wife, so as to create a mutual relation between
them. The degrees
of affinity are computed in the same way as those of
consanguinity. See
Pothier, Traite du Mariage, part 3, ch. 3, art. 2, and
see 5 M. R. 296, Inst.
1, 10, 6, Dig. 38, 10, 4, 3, 1 Phillim. R. 210, S.
C. 1 Eng. Eccl. R. 72,
article Marriage.
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