A connexion 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 towards them, and gives to the wife the same reciprocal
connexion with the relations of the husband. It is used in contradistinction to consanguinity. (q. v.) It is no real kindred.
2. Affinity or alliance
is very different from kindred. Kindred are relations. by blood; affinity is the tie which exists between one of the spouses with 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, sistors, &c., 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: This will appear by the following paradigms
My wife's father ---| | | | | -----------------| | | | |-- are all allied to me. Ego
----- My Wife 0 My wife's sister ---| | | 0 My wife's niece
---| My wife's father, ---| My Father | |My brother | | |and my wife's | | |sister are |---------------| |----------| |not allied | | | | |to each other My brother Ego ---- My wife, My wife's sister, |
3. A person cannot, by legal succession
, receive an inheritance
from a relation by affinity; neither does it extend to the nearest relations of husband and wife, so as to create a mutual relation between them. The degrees
of affinity are computed in the same way as those of consanguinity. See Pothier, Traite du Mariage, part 3, ch. 3, art. 2, and see 5 M. R. 296; Inst. 1, 10, 6; Dig. 38, 10, 4, 3; 1 Phillim. R. 210; S. C. 1 Eng. Eccl
. R. 72; article Marriage.