Cousin - Definition - Law Dictionary Home Dictionary Definition cousin

Definition :

Cousin [fr. Cousin, Fr.; cugino, It.; consobrinus, Lat., whence cusdrin, susrin; sabrino, Sp.]. A cousin is any collateral relation except brothers and sistes, and their descendants, and the brothers and sisters of any ancestor. The child of A.'s uncle or aunt is called his cousin-german, or first cousin, and the child, grandchild, etc., of such cousin is called his first cousin once, twice, etc., removed. The grand child of A.'s great-uncle is his second cousin, and the chld, grandhchild, etc., of such cousin is his second cousin, once, twice, etc., removed, and so on. This distinction between first cousins once removed and second cousins is well recognized by the law [see Re Parker, (1881) 17 Ch D 262]. The word 'cousin' properly means the children of brothers and sisters and implies consanguinity, but it is sometimes used in a loose and vague sense without any such implication, as when the sovereign addresses a nobleman, or a member of the Privy Council, as a 'cousin,' and when we speak of our 'country cousins' [Re Taylor, (1886) 34 Ch D 260, per Fry, L.J.]. In old English it often means any collateral relative. As to the meaning of 'half cousin,' see Re Chester, (1914) 2 Ch 280.

In consequence of drastic changes which were introdued by s. 45 of the (English) Administration of Estates Act, 1925, all kindred of an intestate more remote than first cousins and their issue have been debarred from any claim to the beneficial interest in property either real or personal on the death of the intestate with a few exceptions, see DEVOLUTION OF PROPERTY ON DEATH, the share of the excluded kindred goes to the Crown or the Duchy of Lancaster or Duke of Corn wall, who may make certain ex gratia distributions, see s. 46 of the (English) A.E. Act, 1925.