Issue (genealogy)
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Issue (genealogy)
In genealogy and wills, a person's issue is all their lineal descendants. Lineal descendants ''Issue'' typically means a person's lineal descendants—all genetic descendants of a person, regardless of degree. Issue is a narrower category than heirs, which includes spouses, and collaterals (siblings, cousins, aunts, and uncle)s. This meaning of ''issue'' arises most often in wills and trusts. A person who has no living lineal descendants is said to have died without issue. A child or children are first-generation descendants and are a subset of issue. See also * Legitimacy (family law) * Primogeniture * Royal bastard * Royal descent A royal descent is a genealogical line of descent from a past or present monarch. Both geneticists and genealogists have attempted to estimate the percentage of living people with royal descent. From a genetic perspective, the number of unp ... References Legal terminology {{law-stub ...
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Genealogy
Genealogy () is the study of families, family history, and the tracing of their lineages. Genealogists use oral interviews, historical records, genetic analysis, and other records to obtain information about a family and to demonstrate kinship and pedigrees of its members. The results are often displayed in charts or written as narratives. The field of family history is broader than genealogy, and covers not just lineage but also family and community history and biography. The record of genealogical work may be presented as a "genealogy", a "family history", or a "family tree". In the narrow sense, a "genealogy" or a "family tree" traces the descendants of one person, whereas a "family history" traces the ancestors of one person, but the terms are often used interchangeably. A family history may include additional biographical information, family traditions, and the like. The pursuit of family history and origins tends to be shaped by several motives, including the desire ...
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Will (law)
A will or testament is a legal document that expresses a person's (testator) wishes as to how their property ( estate) is to be distributed after their death and as to which person ( executor) is to manage the property until its final distribution. For the distribution (devolution) of property not determined by a will, see inheritance and intestacy. Though it has at times been thought that a "will" historically applied only to real property while "testament" applied only to personal property (thus giving rise to the popular title of the document as "last will and testament"), the historical records show that the terms have been used interchangeably. Thus, the word "will" validly applies to both personal and real property. A will may also create a testamentary trust that is effective only after the death of the testator. History Throughout most of the world, the disposition of a dead person's estate has been a matter of social custom. According to Plutarch, the written will was ...
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Lineal Descendant
A lineal descendant, in legal usage, is a blood relative in the direct line of descent – the children, grandchildren, great-grandchildren, etc. of a person. In a legal procedure sense, lineal descent refers to the acquisition of estate by inheritance by parent from grandparent and by child from parent, whereas collateral descent refers to the acquisition of estate or real property by inheritance by sibling from sibling, and cousin from cousin. Adopted children, for whom adoption statutes create the same rights of heirship as children of the body, come within the meaning of the term "lineal descendants," as used in a statute providing for the non-lapse of a devise where the devisee predeceases the testator but leaves lineal descendants. Among some Native American tribes in the United States, tribal enrollment can be determined by lineal descent, as opposed to a minimum blood quantum. Lineal descent means that anyone directly descended from original tribal enrollees could b ...
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Heir
Inheritance is the practice of receiving private property, titles, debts, entitlements, privileges, rights, and obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Officially bequeathing private property and/or debts can be performed by a testator via will, as attested by a notary or by other lawful means. Terminology In law, an ''heir'' is a person who is entitled to receive a share of the deceased's (the person who died) property, subject to the rules of inheritance in the jurisdiction of which the deceased was a citizen or where the deceased (decedent) died or owned property at the time of death. The inheritance may be either under the terms of a will or by intestate laws if the deceased had no will. However, the will must comply with the laws of the jurisdiction at the time it was created or it will be declared invalid (for example, some states do not recognise handwritten wills as valid, or only in s ...
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Sibling
A sibling is a relative that shares at least one parent with the subject. A male sibling is a brother and a female sibling is a sister. A person with no siblings is an only child. While some circumstances can cause siblings to be raised separately (such as foster care), most societies have siblings grow up together. This causes the development of strong human bonding, emotional bonds, with siblinghood considered a unique type of relationship unto itself. The emotional bond between siblings is often complicated and is influenced by factors such as parental treatment, birth order, Personality psychology, personality, and personal experiences outside the family. Medically, a full sibling is a first-degree relative and a half sibling is a second-degree relative as they are related by 50% and 25% respectively. Definitions The word ''sibling'' was reintroduced in 1903 in an article in ''Biometrika'', as a translation for the German ''Geschwister'', having not been used since 1425. ...
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Cousin
Most generally, in the lineal kinship system used in the English-speaking world, a cousin is a type of familial relationship in which two relatives are two or more familial generations away from their most recent common ancestor. Commonly, "cousin" refers to a first cousin – a relative of the same generation whose most recent common ancestor with the subject is a grandparent. Degrees and removals are separate measures used to more precisely describe the relationship between cousins. ''Degree'' measures the separation, in generations, from the most recent common ancestor(s) to a parent of one of the cousins (whichever is closest), while ''removal'' measures the difference in generations between the cousins themselves, relative to their most recent common ancestor(s). To illustrate usage, a second cousin is a cousin with a ''degree'' of two; there are three (not two) generations from the common ancestor(s). When the degree is not specified, first cousin is assumed. A cousin ...
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Aunt
An aunt is a woman who is a sibling of a parent or married to a sibling of a parent. Aunts who are related by birth are second-degree relatives. Known alternate terms include auntie or aunty. Children in other cultures and families may refer to the cousins of their parents as aunt or uncle due to the age and generation gap. The word comes from la, amita via Old French ''ante'' and is a family relationship within an extended or immediate family. The male counterpart of an aunt is an uncle, and the reciprocal relationship is that of a nephew or niece. Additional terms * A half-aunt is a half-sister of a parent. * An aunt-in-law is the aunt of one's spouse and is the wife of the uncle of somebody. . * A great-aunt/grandaunt (sometimes written grand-aunt) is the sister of one's grandparent. Despite the popular usage of great-aunt, genealogists consider it more correct to use grandaunt for a grandparent's sister to avoid confusion with earlier generations. Similarly, the fem ...
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Uncle
An uncle is usually defined as a male relative who is a sibling of a parent or married to a sibling of a parent. Uncles who are related by birth are second-degree relatives. The female counterpart of an uncle is an aunt, and the reciprocal relationship is that of a nephew or niece. The word comes from la, avunculus, the diminutive of ''avus'' (grandfather), and is a family relationship within an extended or immediate family. In some cultures and families, children may refer to the cousins of their parents as uncle (or aunt). It is also used as a title of respect for older relatives, neighbours, acquaintances, family friends, and even total strangers in some cultures, for example Aboriginal Australian elders. Using the term in this way is a form of fictive kinship. Any social institution where a special relationship exists between a man and his sisters' children is known as an avunculate (or avunculism or avuncularism). This relationship can be formal or informal, dependi ...
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Trust Law
A trust is a legal relationship in which the holder of a right gives it to another person or entity who must keep and use it solely for another's benefit. In the Anglo-American common law, the party who entrusts the right is known as the "settlor", the party to whom the right is entrusted is known as the "trustee", the party for whose benefit the property is entrusted is known as the " beneficiary", and the entrusted property itself is known as the "corpus" or "trust property". A ''testamentary trust'' is created by a will and arises after the death of the settlor. An ''inter vivos trust'' is created during the settlor's lifetime by a trust instrument. A trust may be revocable or irrevocable; an irrevocable trust can be "broken" (revoked) only by a judicial proceeding. The trustee is the legal owner of the property in trust, as fiduciary for the beneficiary or beneficiaries who is/are the equitable owner(s) of the trust property. Trustees thus have a fiduciary duty to manage th ...
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Child
A child ( : children) is a human being between the stages of birth and puberty, or between the developmental period of infancy and puberty. The legal definition of ''child'' generally refers to a minor, otherwise known as a person younger than the age of majority. Children generally have fewer rights and responsibilities than adults. They are classed as unable to make serious decisions. ''Child'' may also describe a relationship with a parent (such as sons and daughters of any age) or, metaphorically, an authority figure, or signify group membership in a clan, tribe, or religion; it can also signify being strongly affected by a specific time, place, or circumstance, as in "a child of nature" or "a child of the Sixties." Biological, legal and social definitions In the biological sciences, a child is usually defined as a person between birth and puberty, or between the developmental period of infancy and puberty. Legally, the term ''child'' may refer to anyone below th ...
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Legitimacy (family Law)
Legitimacy, in traditional Western common law, is the status of a child born to parents who are legally married to each other, and of a child conceived before the parents obtain a legal divorce. Conversely, ''illegitimacy'', also known as ''bastardy'', has been the status of a child born outside marriage, such a child being known as a bastard, a love child, a natural child, or illegitimate. In Scots law, the terms natural son and natural daughter bear the same implications. The importance of legitimacy has decreased substantially in Western countries since the sexual revolution of the 1960s and 1970s and the declining influence of conservative Christian churches in family and social life. Births outside marriage now represent a large majority in many countries of Western Europe and the Americas, as well as in many former European colonies. In many Western-influenced cultures, stigma based on parents' marital status, and use of the word ''bastard'', are now widely consider ...
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Primogeniture
Primogeniture ( ) is the right, by law or custom, of the firstborn legitimate child to inherit the parent's entire or main estate in preference to shared inheritance among all or some children, any illegitimate child or any collateral relative. In most contexts, it means the inheritance of the firstborn son (agnatic primogeniture); it can also mean by the firstborn daughter (matrilineal primogeniture). Description The common definition given is also known as male-line primogeniture, the classical form popular in European jurisdictions among others until into the 20th century. In the absence of male-line offspring, variations were expounded to entitle a daughter or a brother or, in the absence of either, to another collateral relative, in a specified order (e.g. male-preference primogeniture, Salic primogeniture, semi-Salic primogeniture). Variations have tempered the traditional, sole-beneficiary, right (such as French appanage) or, in the West since World War II, eliminate ...
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