- next of kin
- Those persons nearest in degree of blood relationship to whom the personal property of an intestate is distributed. 23 Am J2d Desc & D § 43. Strictly speaking, not synonymous with "heirs," who take the real estate of an intestate, although sometimes referred to as such. Tillman v Davis, 95 NY 17. Sometimes implying those persons who are entitled to the property of an estate whether they in fact bear any blood relationship or not. Wilcoxon v Owen, 237 Ala 169, 185 So 897, 125 ALR 539. As the term appears in a will:-the nearest blood relatives of the testator, except as the context of the will, properly construed in the light of the surrounding circumstances, indicates a broader significance, 57 Am J1st Wills § 1375; ordinarily inclusive of persons of the half blood. Anno: 49 ALR2d 1372. As used in a workmen's compensation act, nearest in degree of relationship. 58 Am J1st Workm Comp § 171. In respect to preference in appointment as administrator, ordinarily those persons who take the personal estate of the deceased under the statutes of distribution. 31 Am J2d Ex & Ad § 53. The Massachusetts rule is that the term "next of kin," as used in a will, means the nearest blood relatives of the designated person, rather than those who would take under the statute of distributions, where the will contains nothing tending to show use of the words in a different sense. Agricultural Nat. Bank v Schwartz, 325 Mass 443, 91 NE2d 195, 32 ALR2d 289.
Ballentine's law dictionary. Anderson, W.S.. 1998.