Legal Definition and Related Resources of Brother

The son of the same parents, but is often intended to include one who has either parent in common with another (more strictly called half-brother). In general , when a man speaks of his brothers and sisters, he speaks of them not with reference to the dictionary definition of the word, but as a class , standing in the same relation to one or both of his parents as he himself stands in. Woodward v U.S. (C.C.A. Mo.), 167 F.2d 774. See also In re Peterson”s estate , 66 Cal. Rptr. 629, 259 C. A.2d 492.

He who is born from the same father and mother with another, or from one of them only. Brothers are of the whole blood when they are born of the same father and mother, and of the half-blood when they are the issue of one of them only. In the civil law, when they are the children of the same father and mother, they are called “brothers germain;” when they descend from the same father, but not the same mother, they are “consanguine brothers;” when they are the issue of the same mother, but not the same father, they are “uterine brothers.” A “half-brother” is one who is born of the same father or mother, but not of both; one born of the same parents before they were married, a “left-sided brother;” and a bastard born of the same father or mother is called a “natural brother.” See “Blood;” “Half-Blobd;” “Line;” Merlin, Repert. Prere; Diet, de Jurisp. Frere; Code, 3. 28. 27; Nov. 84; praef.; Dane, Abr. Index.

Browse or run a search for Brother in the American Encyclopedia of Law, the Asian Encyclopedia of Law, the European Encyclopedia of Law, the UK Encyclopedia of Law or the Latin American and Spanish Encyclopedia of Law.

Brother in Historical Law

You might be interested in the historical meaning of this term. Browse or search for Brother in Historical Law in the Encyclopedia of Law.

Search for legal acronyms and/or abbreviations containing Brother in the Legal Abbreviations and Acronyms Dictionary.

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Mentioned in these terms

Ancestor, Brother-in-law, Capita, Per, Collateral Heirs, Immediate Family, Nephew, Niece, Sister-in-law.

What does Brother mean in American Law?

The definition of Brother in the law of the United States, as defined by the lexicographer Arthur Leff in his legal dictionary is:

A male sharing with oneself one or both biological parents. If both are shared, he may be called a “full brother”; if only one, a “half brother,” or “brother of the half blood.” In testamentary instruments, and most intestate laws, “brother” will be interpreted to include half brothers. See also blood brother; stepchild. In the civil law (and in Blackstone), if the brothers have the same father they are “consanguine brothers”; if the same mother, “uterine brothers”; and if they share both, they are “brothers germane.” “Sister” describes exactly the same relationships, except that the person so described is female; similar cognate terms and legal rules ordinarily apply.

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This definition of Brother Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

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See Also

• Blood
• Consanguinity
• Canons Of Descent

Brother