Here is the law that was on the books in 1849 in Virginia:

Code of Virginia, 1849, Title 31, Chap. 108 [CD-ROM digitized by Kenneth
Craft]
The law (or legal precedent) cited is 1 R.C. p. 399, para 17; 2 Leigh
717.

"Para. 10.  No man shall marry his mother, grandmother, stepmother,
sister, daughter, granddaughter, half-sister, uncle's wife, son's wife,
brother's wife, wife's daughter, or her granddaughter or stepdaughter,
brother's daughter, sister's daughter, or wife of his brother's or
sister's son."

"Para. 11.  No woman shall marry her father, grandfather, step-father,
brother, son, grandson, half-brother, uncle, aunt's husband, daughter's
husband, husband's son, or his grandson or stepson, brother's son,
sister's son, or husband of her brother's or sister's daughter."

Notice that "wife's sister" or "husband's brother" is omitted from the
list.

Donald L. Wilson, Virginiana Librarian,
Ruth E. Lloyd Information Center
  for Genealogy and Local History (RELIC),
Prince William Public Library System,
Bull Run Regional Library,
8051 Ashton Avenue, Manassas, VA  20110-2892
703-792-4540   www.pwcgov.org/library/relic


-----Original Message-----
From: Discussion of research and writing about Virginia history
[mailto:[log in to unmask]] On Behalf Of Henry Wiencek
Sent: Friday, September 18, 2009 3:05 PM
To: [log in to unmask]
Subject: Marriage law & Incest (yikes!)

I was surprised to read in Annette Gordon-Reed's book on the Hemingses
that in the early 19th century Virginia outlawed marriage between a man
and his deceased wife's sister, on the grounds that marrying a
sister-in-law was incest by affinity (not by blood). I don't know the
text of the law, but presumably the reverse was also true: a widow could
not marry her brother-in-law. It's my impression that in the earlier
days such marriages were relatively common in Virginia. My question for
the lawyers on the list
is: does anyone know when Virginia repealed this ban - or is it still on
the books? Would Virginia have recognized such a marriage if it had been
solemnized in another state or country? 

Henry Wiencek

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