Marriage with a Deceased Wife's Sister.

An interesting trial came on in the Court of Chancery before Vice- Chancellor Stuart and Mr. Justice Cresswell. The question raised, was, whether the marriage of a British subject with his deceased wife's sister at Altona in Schleswig-Holstein, where by the law of the place such marriages are legal, is valid in England; and consequently, whether, according to the law of England, the children of such a marriage are legitimate.

Mr. Brook, of Meltham Hall, near Huddersfield, married his deceased wife's sister at Altona, and by her he had a second family. Both Mr. and Mrs. Brook died in 1855. Mr. Brook left his property among all his children in certain proportions. His son by the second marriage died; and the question was, whether his share of the property went to his brother and sisters, or to the Crown by reason of the illegitimacy of the deceased, who could consequently have no collateral heirs or next of kin.

After taking time for deliberation Mr. Justice Cresswell gave judgment, that as the parties were British subjects, they were bound by the laws of England; and as that law forbade the marriage with a deceased wife's sister, the custom or law of a foreign country could not sanction what as regarded them was illegal. The issue of the second marriage were, therefore, illegitimate, and the property of the deceased son vested in the Crown. The Vice - Chancellor adopted this reasoning and decided accordingly. The judgment was subsequently confirmed by the Court above.