Also known as: brother or sister · brothers and sisters · sibling
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A term of relationship in a single-generation class gift that designates only the other children of either or both parents. The term excludes children of brothers and sisters or more remote descendants unless the language or circumstances establish a different intention.
A brother or sister of the child whose presence or mistreatment may support temporary emergency jurisdiction when the child is present in the state and faces abandonment or abuse.
Each sense below has its own examples, sources, and questions.
A term of relationship in a single-generation class gift that designates only the other children of either or both parents. The term excludes children of brothers and sisters or more remote descendants unless the language or circumstances establish a different intention.
Select any source to read its text and confirm it supports the definition.
A brother or sister of the child whose presence or mistreatment may support temporary emergency jurisdiction when the child is present in the state and faces abandonment or abuse.
Select any source to read its text and confirm it supports the definition.
Testator Brandon Black left his estate to his brothers and sisters. After his death his niece Brianna Burke claimed a share as the child of a predeceased brother. The court held that the class closed at Brandon's siblings and excluded Brianna because the will used a single-generation term without contrary language.
No. The term brothers and sisters in a class gift reaches only the transferor's siblings and excludes their children unless the instrument shows a contrary intent.
Supporting sources
Bei Bai fled with her young son to State A after her ex-partner threatened both the child and the child's older sister. A court in State A exercised temporary emergency jurisdiction and issued a protective order because the sibling faced mistreatment and the child was present in the state.
A court may exercise temporary emergency jurisdiction when the child is present in the state and the child or a sibling faces mistreatment or abuse that requires immediate protection.
Supporting sources