He married his deceased wife’s sister … was that legal?

At some point after the death aged 49, in 1907, of my 2xgreat grandmother Alice Mary (née Wales), her widower and their youngest children moved from their home at Herman Road, Camberwell, to Beechfield Road, Catford in South East London. They had been married for 32-3 years and had raised 19 children together. In 1919, not long before his death, he married Alice’s widowed sister, a marriage which would have been illegal until the year of her death, when an Act of Parliament was passed to change the law.

A move to Catford

Their eldest son, my great grandfather James Aaron Stocking, born in 1876, had also moved to Catford by 1910, and by 1911, the census of that year shows father and son living next door to each other at 18 and 16 Beechfield Road respectively.

James Thomas Stocking, born in 1853, came from humble beginnings; like his father before him, he started working life as a Rope Mat Maker and labourer before moving into the building trade. On his children’s baptism and marriage records, as well as the censuses, he is variously described as a Bricklayer’s Labourer, plasterer, paper hanger, house decorator and gas fitter. In 1911, at Beechfield Road, Catford, he is described as a Builder.

Extract from 1911 census for 18 Beechfield Road, Catford, London SE

The completed census return (above) shows him with five unmarried children still at home, ranging in age from eight to 27 years. Although the enumerator has crossed the detail out, he has noted that he had had 19 children, 16 of whom were still alive (this information was only required of married women, hence the red line through it). The eldest still living with him, Aaron, was to die seven years later, killed in action in France, one of four of James’ and Alice’s sons to serve in the Great War.

Marriage to his sister-in-law

On 2 August 1919, James Thomas Stocking (widower) married Margaret Emma Goodchild (widow) at Lewisham Register Office. Both were in their late 60s, but James still gives his occupation as a Builder’s Labourer.

Extract from marriage record of James Thomas Stocking and Margaret Emma Goodchild, 1919

A comparison with the above certificate with the certificate of James Thomas’ first marriage to Alice Mary Wales in 1874 shows that Margaret Emma was also a daughter – like Alice Mary – of Aaron Wales, Harness Maker. The witnesses are P.A Stocking and E. B Evans – the latter is James’ married daughter Elizabeth Bridgetina Evans.

Extract from marriage record of James Thomas Stocking and Alice Mary Wales, 1874

Sadly, the couple were not married long, as James died just fourteen months later, on 8 December 1920; cause of death: Atheroma, cerebral apoplexy (ie a stroke). The informant was EB Evans daughter, present at the death. He is described on his death certificate as ‘House Decorator Journeyman’, aged 67, of 96 Ringstead Road, Catford.

Extract from death certificate for James Thomas Stocking (GRO)

His widow Margaret died in Lewisham Infirmary two days after her husband. Her home address is given as 114 Shell Road, Lewisham and her death was due to Bronchitis and Cardiac Failure. Her son, who was living at 36 Brightside Road at the time, registered her death.

Extract from death certificate for Margaret Emma Stocking (GRO)

Main Sources:

  • 1911 Census, Household James Stocking, 18 Beechfield Road (Ancestry.co.uk)
  • Marriage certificate, James Thomas Stocking and Margaret Emma Goodchild, 1919 (GRO)
  • Marriage certificate, James Thomas Stocking and Alice Mary Wales, 1874 (GRO)
  • Death certificate, James Thomas Stocking, 1920 (GRO)
  • Death certificate, Margeret Emma Stocking, 1920 (GRO)
  • Death index entry, burial record, probate record, Margaret Emma Stocking 1920 (Ancestry.co.uk, FindAWill)

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