Untitled Texas Attorney General Opinion

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