from
Bouvier's Law Dictionary, Revised 6th Ed (1856)
NEXT OF KIN. This term is used to signify the relations of a party who has
died intestate.
2. In general no one comes within this term who is not included in the
provisions of the statutes of distribution. 3 Atk. 422, 761; 1 Ves. sen. 84.
A wife cannot, in general, claim as next of kin of her husband, nor a
husband as next of kin of his wife. But when there are circumstances in a
will which induce a belief of an intention to include them under this term,
they will be so considered, though in the ordinary sense of the word, they
are not. Hov. Fr. 288, 9; 1 My. & Keen, 82. Vide Branch; Kindred; Line.