family

The meaning of word "family" necessarily depends on field of law in which word is used, purpose intended to be accomplished by its use, and facts and circumstances of each case. LeRoux v. Edmundson, 276 Minn. 120, 148 N.W.2d 812, 814.

Most commonly refers to group of persons consisting of parents and children; father, mother and their children; immediate kindred, constituting fundamental social unit in civilized society. People v. Hasse, 57 Misc.2d 59, 291 N.Y.S.2d 53, 55.

A collective body of persons who live in one house and under one head or management. A group of blood-relatives; all the relations who descend from a common ancestor, or who spring from a common root. A group of kindred persons. Hartley v. Bohrer, 52 Idaho 72, 11 P.2d 616, 618.

Husband and wife and their children, wherever they may reside, and whether they dwell together or not. Franklin Fire Ins. Co. v. Shadid, Tex. Com.App., 68 S.W.2d 1030, 1032.

The word conveys the notion of some relationship, blood or otherwise. Collins v. Northwest Casualty Co., 180 Wash. 347, 39 P.2d 986, 989.

In restricted sense, the word "family" may be used interchangeably with household. Collins v. Northwest Casualty Co., 180 Wash. 347, 39 P.2d 986, 989.

When used in constitution of benefit society, declaring its purpose among others as that of aiding the families of members, the word means such persons as habitually reside under one roof and form one domestic circle, or such persons as are dependent on each other for support or among whom there is legal or equitable obligation to furnish support and in its widest scope it would include all descendants of a common progenitor. Logan v. St. Louis Police Relief Ass'n, Mo.App., 133 S.W.2d 1048, 1049, 1050.

As used in context of uninsured motorist insurance coverage, "family" is not confined to those who stand in a legal or blood relationship, but rather should include those who live within the domestic circle of, and are economically dependent on, the named insured (e.g. foster child or ward). Brokenbaugh v. N. J. Manufacturers Ins. Co. et al., 158 N.J.Super. 424, 386 A.2d 433.

Descent and descendants.

The word "family" may mean all descendants of a common progenitor, Logan v. St. Louis Police Relief Ass'n, Mo.App., 133 S.W.2d 1048, 1049, 1050; In re Lund's Estate, 26 Cal.2d 472, 159 P.2d 643, 645; or, those who are of the same lineage, or descend from one common progenitor.

Homestead and exemption laws.

To constitute family there must be one whom law designates or recognizes as head of family who by natural ties or by legal or moral obligation is under duty to support others of the household. Owens v. Altsheller & Co., 263 Ky. 727, 93 S.W.2d 844, 846.

To constitute persons living with another in same house a "family", it must appear that they are being supported by that other in whole or in part, and are dependent on him therefor, and that he is under a natural or moral obligation to render such support.

Household.

Those who live in same household subject to general management and control of the head thereof. Family and household are substantially synonymous terms for certain purposes.

Support.

A "family" is a collection of persons living together under one head, under such circumstances or conditions that the head is under a legal or moral obligation to support the other members, and the other members are dependent upon him or her for support. Hurt v. Ferryman, 173 Tenn. 646, 122 S.W.2d 426, 427.

Those entitled by law to look to person for support and protection. In re Fulton's Estate, 15 Cal.App.2d 202, 59 P.2d 508, 510.

See also dependent

Wills.

As respects construction of will, the word "family" denotes a group of persons related to each other by marriage or blood living together under a single roof and comprising a household whose head is usually the father or husband, but the word is not one of inflexible meaning and its significance to a large extent depends upon the context and the purpose for which it is employed. For example, the word "family" has been held to include those who have left father's home and have married and established their own homes when context and purpose indicate such significance should be attributed to the word. Magill v. Magill, 317 Mass. 89, 56 N.E.2d 892, 894, 896.

When the word "family" is used to designate those entitled to receive a legacy, the intended meaning of the word depends upon the context of the will and upon a showing as to whom were the objects of the testator's bounty by reason of kinship or friendship