No. 1966. Book 2, part 3, tit. 3, div. 1, chap. 1, sec. 2, § 2. No. 1967. is distant from 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 other in the second degree, because the nephew is two degrees distant from the common ancestor, and this rule of computation is extended to. the remotest degree of collateral relationship. 2. The method of computing by the civil law, is to begin at either of the persons in question, and count up to and including the common ancestor, and then downward to the other person, calling it a degree for each person, both ascending and descending, and the number of degrees they stand from each other, is the degree in which they stand related. Thus from the nephew to his father is one degree, to the grandfather two degrees, and then to the uncle three, which points out the relationship. In computing the degrees of consanguinity, the civil law is generally followed in this country, except in North Carolina, where the rules of the canon or common law of England, in relation to descents, are adopted, to ascertain the degrees of consanguinity.(a) The mode adopted by 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 same 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. 1967. The following table, in which the Roman (a) 4 Kent, Com. 412, 4th ed.; 2 Hilliard's Ab. 216. No. 1967. Book 2, part 3, tit. 3, div. 1, chap. 1, sec. 2, § 2. No. 1967. numeral letters express the degrees by the civil law, and those in Arabic figures at the bottom, those by the common law, will fully illustrate the subject. No. 1968. Book 2, part 3, tit. 3, div. 1, chap. 1, sec. 2, § 2. No. 1968. 1968. Tables are frequently formed for the purpose of showing the history of a house or family, and how the persons therein named are connected together; this science is called genealogy, a word derived from two Greek words signifying race or line, and treatise or discourse. Genealogy is founded on the idea of lineage or family. For illustrating descents and relationship, genealogical tables are constructed, the order of which depends on the end in view. In tables, the object of which is to show all the individuals embraced in a family, it is usual to begin with the oldest progenitor, and to put all the persons of both sexes in descending, and then in collateral lines. Others exhibit the ancestors of a particular person, in ascending lines both of the father and mother's side. In this way 2, 4, 8, 16, 32, etc., ancestors are exhibited, doubling, as has already been observed, at every degree. Some tables are constructed in the form of a tree, after the model of the canonical law (arbor consanguinitatis,) in which the progenitor is placed beneath, as if for the root or stem. The persons descended from him are represented by the branches, one for each descendant. For example: if it be desired to form the genealogical tree of Peter's family, Peter will be made the trunk of the tree; if he has had two children, John and James, their names will be written on the first two branches; which will themselves shoot out as many twigs as John and James have children; these will produce others, till the whole family shall be represented on the tree. The word branch, which is used to designate a portion of a family, it will be perceived is a metaphorical expression, which designates in the genealogy of a numerous family, a portion of that family which has sprung from the same stock or root; these latter expressions, stock and root, like branch, are used in a figurative sense. Thus the origin, the application and No. 1969. Book 2, part 3, tit. 3, div. 1, chap. 1, sec. 3. No. 1970. the use of the word branch in genealogy will at once be perceived. §3.-Of affinity. 1969. Affinity is a connection formed by marriage, which places the husband in the same degree of nominal propinquity to the relations of the wife, as that in which she herself stands toward them, and gives to the wife the same reciprocal connections with the relations of the husband. The term is used in contradistinction to consanguinity, for affinity is no real kindred. Affinity, or, as it is sometimes called, alliance, is very different from kindred. Kindred are relations by blood; affinity is the tie which exists between one of the spouses and 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, sisters, etc., 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. (a) The degrees of affinity are computed in the same way as those of consanguinity. SECTION 3.-OF THE ESTATE WHICH DESCENDS. 1970. All freehold estate in lands of inheritance descend to the heir. Land owned in fee by the ancestor, together with all the buildings; permanent fixtures; things which though personal in their nature, or movable, are constructively attached to the real estate, as the keys of a house, title deeds and the box in which they are kept, and heir-looms; all mines and minerals; trees, bushes, and fruits hanging by the roots; straw and manure, when raised on the land, unless under (a) This has been fully explained, ante, n. 251, vol. 1, p. 107. No. 1971. Book 2, part 3, tit. 3, div. 1, chap. 1, sec. 4. No. 1971. some special circumstances, when they are considered as personal property; fish in a pond; and wild animals, when in a helpless state, as whelps, (a) descend to the heir. All emblements are also considered part of the real estate and descend to the heir. A life estate, not being of inheritance, does not descend, because, on the death of the tenant for life, the estate is determined. Terms of years, and other estates less than freehold, pass to the executor or administrator, and are not subjects of descent. Personal property, whether in possession or in action, does not descend to the heir, but goes to the personal representatives of the deceased. SECTION 4. -OF THE RULES OF THE LAW OF DESCENT. 1971. In the English law these rules are established and well understood; they are generally calculated to protect the aristocracy, and to keep landed estates in families, to the prejudice of the younger branches. With a more extended equity the laws in this country, though varying very much in their details in the different states, yet in general, wisely unite in distributing the real estate of which the ancestor dies seised, among his kindred who stand to him in the same degree of relationship. It is not easy to lay down even general rules of inheritance. When it is considered that each state has a code of its own, regulating descents, which must necessarily, in many matters of detail, differ very essentially from all the others, the difficulty of the task will be easily perceived. The only safe mode of studying this subject is to consider, with care, the statute laws of descent of the particular state, respect (a) See ante, Second Division of Property, part 1, tit. 2, c. 1. |