Also known as: sons-in-law · son in law · sons in law
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
The husband of one's daughter.
A person related only by marriage to the child of a designated individual. When a donor describes beneficiaries as the children of a designated person, the primary meaning of the class gift excludes such persons unless the instrument or circumstances indicate a contrary intent.
Each sense below has its own examples, sources, and questions.
The husband of one's daughter.
During the capital sentencing of a defendant who murdered an elderly couple, the prosecution offered a victim impact statement. The statement included statements from the victims' son-in-law describing the emotional effect on the family. The trial court admitted the evidence over objection. The jury considered the son-in-law's account when imposing sentence.
A person related only by marriage to the child of a designated individual. When a donor describes beneficiaries as the children of a designated person, the primary meaning of the class gift excludes such persons unless the instrument or circumstances indicate a contrary intent.
Samantha Stone executed a will leaving resort partnership interests to her children. Her daughter Elena lived with Devon, who staffed the front desk and hosted guests. Samantha repeatedly called Devon her son-in-law in company materials. After Samantha died before any marriage, the personal representative denied Devon a share. The court construed the class to include Devon because the will language and surrounding circumstances showed intent to treat him as within the described group.
The Lubells purchased a painting and contacted the artist and his son-in-law to verify its history before buying. Years later the museum claimed the work had been stolen. The son-in-law's statements formed part of the record on whether laches barred the museum's claim.
In a prosecution under the National Firearms Act, witnesses described how the defendant and his son-in-law jointly possessed a weapon. The government introduced the relationship to show the defendant exercised dominion over the firearm. The court considered the son-in-law's testimony when evaluating the possession element.
A French judgment creditor sought enforcement of a decree against a New York resident. The debtor's son-in-law had participated in the underlying French proceedings. The court examined whether the son-in-law's involvement satisfied due process requirements for recognition of the foreign judgment.
A corporate insider disclosed material information to his son-in-law, who then traded on the basis of that information. The SEC brought an enforcement action alleging the son-in-law was a tippee. The court analyzed whether the son-in-law knew or should have known the information was disclosed in breach of duty.
No. The primary meaning of a class gift to the children of a designated person excludes sons-in-law and other persons related only by affinity unless the instrument or circumstances show a contrary intent.
Language in the instrument that expressly includes sons-in-law who perform a described role, combined with repeated references by the donor treating the individual as a son-in-law, can demonstrate the required contrary intent.
No. Continued legal marriage plus post-separation conduct by the testator requesting and publicly praising the son-in-law's business participation can establish intent to include him despite the separation.
…son Raymond and their daughter-in-law Kathryn by refusing to cook for or even attend their wedding. They then rebuffed their son-in-law Freeman Burkholder’s request for help refinancing jointly owned property in 2010, even though they knew Freeman might lose his home if they refused. When Barbara Miller’s daughters-in-law…