January 16, 1939
Honorable R. C. Xusrrlowhite ?.~
Diatriot Attormp *,
Lufkln, Texa8
Deer Mr. Uurslewhiter * -Opinion HO. 115
. Law
Ra: !?*rpotisB
This OffIor la In reoelpt of your 1ett.m of Januaq
11, 1939, requesting an opinion a8 to whether the Nepotlam Law
prohibits ths imiplOymnt OS the ss00nd wife of a man whose now
deoeased first wire wm3 a eleter of the wit0 0r a truster or. e
sohool dlstriot.
Tour letter
adviasa that there Is living lsaue of
the proposed teaohm’s husband by hIa first wife, but thle la
lmmaterlal, slnoe the proposed tsaohsr’cl husband evan during
the lire or hle firat rtre was not related to the trustee wlth-
In the term8 of Artiola 438 of the Penal Coda In that ROII who
are not otherwise kin to eaoh other do not bdoome related by
afriaity merely by marrying rlrterr. 8 0.J. 319. This pre-
oludes the proposition thet thr man*8 seoond rite mm rolatrd
by affinity.
Ae raid by 0. f. Bleokley In Oentrrl RI eta. 00. t*
Robert8, 91 C3a. Sl3, 18 8. t. 316s
*The groom and bride leoh eomoa dthln
the olrole of $ho other~r kin)
but kin end kin em e&Ill no ~Oro
related than thay were baroro.~
You are advised, therefore, thet maoh eaploynmnt 18 BOt
prohIbited by maid Artfolr 433.
Youra wry truly
ATToItNit? O’itmlUL 01 TEXAS