Author Topic: Marriage to deceased wife's sister  (Read 3647 times)

Offline J Bux

  • RootsChat Member
  • ***
  • Posts: 115
  • Census information Crown Copyright, from www.nationalarchives.gov.uk
    • View Profile
Marriage to deceased wife's sister
« on: Friday 07 June 19 13:00 BST (UK) »
On 27th  July 1886, John Groom Worrow (27) married Betsy Ann Buxton (28) at Holbeach, Lincolnshire.  The couple moved to Ordsall near East Retford Notts, some time after as  all their children were born there and they appear in the 1891 and 1901 census living there.
This couple had four children; Robert Groom Worrow in 1890, Mary Elizabeth Warrow in 1892, Edith Hannah Worrow in 1894 and Clara Charlotte Warrow in 1897.
By the time of the 1911 they had moved to Boultham, which is now part of Lincoln.  Except Edith who had gone into service in Oldham.

Clare Charlotte married Walter Marshall in 1929 and they had 3 children between 1927 and 1932
However Clare Charlotte died shortly after the birth of their third child.  The youngest child’s birth was registered in the first quarter of 1932 and Clare’s death was registered in the last quarter of 1932.  This would leave Walter with three children aged five years, two years and six months.

Clara’s older sister Edith didn’t marry until 1941 and she also married a Walter Marshall

Though I haven’t any evidence I think that Edith stepped in to look after the children when her sister died.  In all other cases of similar spouses death that I have come across, the children are found in different places when they marry, ie the family is split up.  In this case all the children marry in Lincoln and most die around that area. Edith died in 1972 and Walter in 1977 also in Lincoln.
 
If the two grooms are the same person then this is the first case of “Marriage to deceased wife’s sister” that I have come across.   
Is this as rare I belive?
Buxton - (Derbyshire, Lincolnshire and Nottinghamshire)

Offline Mike in Cumbria

  • RootsChat Marquessate
  • *******
  • Posts: 3,756
    • View Profile
Re: Marriage to deceased wife's sister
« Reply #1 on: Friday 07 June 19 13:04 BST (UK) »
My great great grandfather did the same.

Offline Mart 'n' Al

  • RootsChat Leaver
  • RootsChat Pioneer
  • *
  • Posts: 0
    • View Profile
Re: Marriage to deceased wife's sister
« Reply #2 on: Friday 07 June 19 13:15 BST (UK) »
It is surprisingly common. I have two instances of this sort of action in my ancestry. A near relative of your late husband or wife is probably a good friend,    you know them well and if something like that is necessary, it was done in those days.

Offline Bookbox

  • RootsChat Marquessate
  • *******
  • Posts: 7,916
  • Census information Crown Copyright, from www.nationalarchives.gov.uk
    • View Profile
Re: Marriage to deceased wife's sister
« Reply #3 on: Friday 07 June 19 13:30 BST (UK) »
If the two grooms are the same person then this is the first case of “Marriage to deceased wife’s sister” that I have come across.   
Is this as rare I belive?

What do the two marriage certificates says about Walter Marshall (as regards age and occupation), and about the fathers of the two brides?

It’s not very rare, despite being illegal before 1907 (Deceased Wife's Sister's Marriage Act). You will often find in such cases that the second marriage is ‘out of area’, in a place where the couple’s families may not have been known.


Offline ShaunJ

  • RootsChat Marquessate
  • *******
  • Posts: 24,124
    • View Profile
Re: Marriage to deceased wife's sister
« Reply #4 on: Friday 07 June 19 13:37 BST (UK) »
My wife's great grandfather, a prominent Liverpool businessman, married his deceased wife's sister at a Liverpool register office in 1888, then took her to New York for a second marriage ceremony in Brooklyn (St Ann's Episcopal) 10 days later.  It was much reported in the American press that they had come to the US to be married so as to circumvent UK laws preventing marriage between a widower and his sister-in-law. It wasn't reported at all in the UK press.
UK Census info. Crown Copyright, from www.nationalarchives.gov.uk

Offline stanmapstone

  • RootsChat Marquessate
  • *******
  • Posts: 25,798
    • View Profile
Re: Marriage to deceased wife's sister
« Reply #5 on: Friday 07 June 19 14:12 BST (UK) »
It’s not very rare, despite being illegal before 1907 (Deceased Wife's Sister's Marriage Act).

It isn't a question of being illegal, the relationship between the groom and his dead wife's sister was within the prohibited degrees, so the marriage could be regarded as void. After 28th August  1907, such a marriage was valid whether it had taken place before or after that date. Also it was civil law, not criminal law, in that a third party could bring an action and obtain an annulment on the grounds that the parties were within the prohibited degrees.

Stan

Census Information is Crown Copyright, from www.nationalarchives.gov.uk

Offline Bookbox

  • RootsChat Marquessate
  • *******
  • Posts: 7,916
  • Census information Crown Copyright, from www.nationalarchives.gov.uk
    • View Profile
Re: Marriage to deceased wife's sister
« Reply #6 on: Friday 07 June 19 15:10 BST (UK) »
It’s not very rare, despite being illegal before 1907 (Deceased Wife's Sister's Marriage Act).

It isn't a question of being illegal

Apologies for an incorrect use of the word ‘illegal’ in this context.

Offline Maiden Stone

  • RootsChat Marquessate
  • *******
  • Posts: 7,226
  • Census information Crown Copyright, from www.nationalarchives.gov.uk
    • View Profile
Re: Marriage to deceased wife's sister
« Reply #7 on: Friday 07 June 19 15:35 BST (UK) »
Deceased Wife's Sister's Marriage Act 1907 and Deceased Brother's Widow's Marriage Act 1921 were in conflict with the ecclesiastical law of C. of E. until 1946. ("The Oxford Dictionary of the Christian Church")

A sister of my GGF married her cousin's widower. Both deceased wife and 2nd wife had 2 cousins with same names and of similar ages in same town, so sorting out which 2 members of the extended family had married the man wasn't immediately apparent. GGF's family lived in the same street as one lot of cousins.
Cowban

Offline stanmapstone

  • RootsChat Marquessate
  • *******
  • Posts: 25,798
    • View Profile
Re: Marriage to deceased wife's sister
« Reply #8 on: Friday 07 June 19 16:34 BST (UK) »
Deceased Wife's Sister's Marriage Act 1907 and Deceased Brother's Widow's Marriage Act 1921 were in conflict with the ecclesiastical law of C. of E. until 1946. ("The Oxford Dictionary of the Christian Church")

At the Convocation of Canterbury May 21st 1946 the Royal Assent was read to the making by the Convocation of a new Canon, in place of  Canon 99, substituting a new Table of Kindred and Affinity, and the Upper and Lower Houses approved that the Canon  thus authorized be enacted.
(The Times, Wednesday, May 22, 1946)

Stan
Census Information is Crown Copyright, from www.nationalarchives.gov.uk