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Author Topic: Marriage law  (Read 196 times)
Cyfrifydd
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Marriage law
« on: Monday 19 May 08 11:27 BST (UK) »

Hi list

I've got Arletta Matilda Whitaker born 1842 who married Nelson Reed born 1840 in 1867.  Arletta died in 1878 and in 1880 Nelson married Arletta's unmarried younger sister Bertha Harriet in 1880.

Was this legal?

Cyfrifydd
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Saunders, Lewis, Thomas, Rees, Nightingale, Wharf, Whitaker, Kyle
joolesbarr
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Re: Marriage law
« Reply #1 on: Monday 19 May 08 11:31 BST (UK) »

Why wouldn't it of been legal they are not related by blood and it
really isn't as uncommon as you think. I bet nearly every one has
at least one close marriage in their trees. I not only have husband
marrying their wives sisters but brothers childrens children marrying.
But on the plus side at least we know who the new partners family is!!
Jooles
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Tati
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Re: Marriage law
« Reply #2 on: Monday 19 May 08 11:38 BST (UK) »

Hi both  Smiley

I think it actually WAS illegal until 1907!

http://en.wikipedia.org/wiki/Deceased_Wife's_Sister's_Marriage_Act_1907


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"My dear, I think the English pronounce it 'appiness"

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Census Information is Crown Copyright, from www.nationalarchives.gov.uk
jorose
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Re: Marriage law
« Reply #3 on: Monday 19 May 08 12:07 BST (UK) »

It was technically illegal but many people ignored it. The only time it might become a problem was if there was an inheritance issue - the children of the first marriage could legally claim that the children of the second marriage were illegitimate, the second marriage not being properly conducted. (There were a couple of big legal cases over whether marriages overseas which were legal there but violated some rule of English marriage law were still legal when the couple returned to England).

If the local clergy/registry office wouldn't marry them, it was easy enough to head over a couple of towns to somewhere you weren't known to get the marriage done - which was exactly what some of mine did. Relatives of theirs witnessed it, so the family didn't mind, but they did end up moving to Wales after a few years.
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behindthefrogs
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EDLIN


Re: Marriage law
« Reply #4 on: Monday 19 May 08 12:15 BST (UK) »

Back in the 17th century marriage was regarded as establishing a blood relationship.  This is reflected not only in cannon law but also in much of the terminology which was used.

e.g. Brother in law now was brother then
Cousin included your spouses relations.

Many of these terms changed their meaning during the 19th century but as usual it took the church another fifty years to catch up.

David
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Living in Berkshire.  Origin Northampton & Milton Keynes
DETAILS OF THE FOLLOWING NAMES CAN BE FOUND IN SURNAME INTERESTS AT FOOT OF PAGE
Wilson, Higgs, Buswell, PARCELL, Matthews, TAMKIN, Seckington, Pates, Williams, Webb, Arthur, MAYNARD, Caves, Norman, Winch, Culverhouse, Drakeley.
Johnson, Routledge, SHIRT, SAICH, Mills, SAUNDERS, EDLIN, Perry, Vickers, Pakeman, Griffiths, Marston, Turner, Child, Sheen, Gray, Woolhouse
Census Info is Crown Copyright from www.nationalarchives.gov.uk
stanmapstone
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My answers only refer to England and Wales


WWW
Re: Marriage law
« Reply #5 on: Monday 19 May 08 12:48 BST (UK) »

See http://www.rootschat.com/forum/index.php/topic,242291.msg1319313.html#msg1319313
http://www.rootschat.com/forum/index.php/topic,227963.msg1208675.html#msg1208675
Stan
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Mapstone, Mapston. Sunderland, Somerset
Census Information is Crown Copyright, from www.nationalarchives.gov.uk
Mumsie2131
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Re: Marriage law
« Reply #6 on: Monday 19 May 08 15:07 BST (UK) »

Whilst it was illegal the marriage usually took place away from their own parishes and was by licence not Banns.  My gt grand father married his deceased wife's sister.
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Heap - Holmfirth WRY
Rhodes-Flockton WRY & NE Cheshire
Ridgway- NE Cheshire & Lancahire
Roebuck - Upperthong WRY
Wild - NECheshire
Riley - NE Cheshire & Derbyshire
Greaves - NE Cheshire & Lancashire
Cyfrifydd
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Re: Marriage law
« Reply #7 on: Monday 19 May 08 15:48 BST (UK) »

Thanks one and all!

Cyfrifydd
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Saunders, Lewis, Thomas, Rees, Nightingale, Wharf, Whitaker, Kyle
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