New-York tribune., 1881-12-27
4 pERpLEXLNG WEDDLNG.

May a man marry his wife's deceased sister ~
was n question which used to be put, n hoax, to
college freshmen by experts in the junior class
and the tyro would often argue at good length
until broad laugh among bystanders revealed the
trek in the query. " May an marry his diseased
wfes sister |" is the form in which the inquiry is
raised by late chronicles.
recent story from Long Island is that a wife
and mother. eufeebed by disease and believing
she was soon to die. sought to assuage her anxiety
for the future Of her little ones by promoting a
match between her husband and her sister. The
invalid no doubt had read extensively in the eau
tionary literature relating to stepmothers and
could bear 10 leave the selection OF for her
babes to chance,-or TO what is much the same
thing the widOwcT's choice. Her sister the chill
dreu's loving aunt would be. she sure, still more
loving as mother. She adjurcd the sister and the
husband to give her the comfort OF seeing them sol
emnlv married before She should close her eyes
upon the world They at length aceeded we'd
ding vas held whereupOn, beng relieved in mind
she straishtway began TO recover in body. and at
last accounts was much better than had been ex-
pected. In short. she is getting well! And the
question in the ncghborhOOd now is What about
that weddinQ'
1t goes without saying" that this ceremony was
no marriage. The consent request of the wife
could not take the place of a divorce, or dispense
with the law which forbids marriage by one hav-
IN. wife living 1t is not clear that 1t would even
warrant prosecution for bgamy. True, here was
a married man formally taking another wife. Every
outward aspect of biyamy is presented. But judges
have D maxim that there is crime where there is
no criminal intent, and jury would perhaps be
told that If they believed the husband and the
sister did not intend suppose they were contract
iutv kut puIv Tn1 bv tha
ceremony to attest in the most binding manner to
the dying woman that they were to be married as
soon as they lawfully might, there was no blgamy.
The case though a very earnest one would probably
bc hkcucd IN law to a mOck-marriage, such as is
sonctuurs performed IN jest al an evening entertain
ment.
What is better worth knowing is that serious
questions have arisen whether engagements TO
marry made while one sf the parties is already mar
ried of any effect Suppose the wife 10 the story
had died. aud the husband had been disposed to
say 10 the sister: only promised TO marry you,
and went through the pretence of doing so to relieve
my wifes mind Coud she sue him for breach of
promise Cases have occurred in which a man al
ready welded has Courted another woman and OBJ
tanned her promise 10 marry him when he should
become free by divorce or death. And if he has,
when that time came. refused, and she has brought
suit lawyers for her have argued that his engage
mcnt was a binding one it was like a contract to
sell farm which one expects to buy, and he must
perform it OF pay damages. But tha current of
thought among Judges is that all such engagements
are contrary to public policy - and void. mar
rIcd person cannot make binding promise TO
marry not on with reference TO a time when free
dom To fulfil il is expected. Whoever. knowing the
marriage. uu,ts to such promise, does not even
gain "a right 10 sue for breach. But man who be-
ing married prctcuds TO be single ana in that
character engages himself to woman guorant Of
his ties. cannot escape damag' on this ground.