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CONSANGUINITY Definition & Legal Meaning

Definition & Citations:

Kinship; blood relationship ; the connection or relation of persons descended from the same stock or common ancestor. 2 Bl. Comm. 202; Blodgett v. Brinsmaid, 9 Vt. 30; State v. De Hart, 109 La. 570, 33 South. 605; Tepper v. Supreme Council, 59 N. J. Eq. 321, 45 Atl. Ill; Rector v. Drury, 3 Pin. (Wis.) 298. Lineal and collateral consanguinity. Lineal consanguinity is that which subsists between persons of whom one is descended in a direct line from the other, as between son, father, grandfather, great-grandfather, and so upwards in the direct ascending line; or between son, grandson, great grandson, and so downwards in the direct descending line. Collateral consanguinity is that which subsists between persons who have the same ancestors, but who do not descend (or ascend) one from the other. Thus, father and son are related by lineal consanguinity, uncle and nephew by collateral consanguinity. 2 Bl. Comm. 203; Mc- Dowell v. Addams. 45 Pa. 432; State v. De Hart, 109 La. 570. 33 South. 005; Brown v. Baraboo, 90 Wis. 151, G2 N. W. 921, 30 L R. A. 320. “Affinity” distinguished. Consanguinity, denoting blood relationship, is distinguished from “affinity,” which is the connection existing in consequence of a marriage, between each of the married persons and the kindred of the other. Tegarden v. Phillips, 14 Ind. App. 27, 42 N. E. 549; Carman v. Newell. 1 Denio (N. Y.) 25: Spear v. Robinson, 29 Me. 545.


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