Consanguinity in Marriage

[g eli]

If my research is correct Lucy Minton daughter of James married Robert Crooks in 1827 following the death of his wife Frances nee Minton,I think Frances was James sister.
Would this marriage have been legal or did they marry anyway ?

[ajm314159]

Marriage to deceased wife's brother's daughter was legalised in England (where this 1827 marriage took place) by the Marriage (Prohibited Degrees of Relationship) Act, 1931.

So, in 1827 not legal in civil or Church law.

[g eli]

Thank you ajm314169
I thought it was probably illegal, but it is good to have confirmation
Liz

[Rosinish]

When Frances Minton married Robert Crooks, what were the details & those for her father?

When James Minton (father of Lucy) married, what were the details & those for his father?

Annie

[arthurk]

Marriage to deceased wife's brother's daughter was legalised in England (where this 1827 marriage took place) by the Marriage (Prohibited Degrees of Relationship) Act, 1931.

So, in 1827 not legal in civil or Church law.

That's a bit of an over-simplification, according to Rebecca Probert's book 'Marriage Law for Genealogists'. She says that any such marriage was valid, and any children of the marriage were legitimate, but the marriage itself was voidable (as opposed to void). That meant that if anyone challenged it in court it was liable to be annulled, but in the absence of any challenge it should be accepted as valid.

[g eli]

Unfortunately none of the marriages give any clue to Minton relatives. I never thought of the 2 children Robert and Lucy had as illegitimate, but it is nice to know they weren't
Liz