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 My question for the lawyers on the list is: does anyone know when Virginia repealed this ban - or is it still on the books?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 ______________________________________ To subscribe, change options, or unsubscribe please see the instructions at http://listlva.lib.va.us/archives/va-hist.html ______________________________________ To subscribe, change options, or unsubscribe please see the instructions at http://listlva.lib.va.us/archives/va-hist.html