Montana Attorney General Opinion 16-37

Opinion No. 37. Nepotism-Affinity, Termination of Relationship By. HELD: Relationship by affinity terminates upon the death of one of the spouses or other dissolution of the marriage, except where the mar- riage has resulted in issue who are still living. Mr. F. F. Haynes County Attorney Forsyth, Montana February 5, 1935. This will acknowledge receipt of your letter of February 2, asking us to review an opinion rendered by you to the county assessor of your county, in which you hold that the county as- sessor is prohibited by Chapter 12, Laws of Montana 1933, from re-ap- pointing his deceased brother'S widow as a deputy in his office. Several 34 OPINIONS OF THE ATTORNEY GENERAL children were born of the marriage and because of this it is your opinion that the relationship by affinity with- in the proscribed degree still exists between the assessor and the widow. It would seem that the general rule of law is that a relationship by affin- ity terminates upon the death of one of the spouses or other dissolution of the marriage, except when the mar- riage has resulted in issue who are still living. The reason for the ex- ception seems to be that the living is- sue of the marriage in whose veins the blood of both parties is com- mingled, preserves the relationship by affinity. It is your opinion that the exceptio'n to the rule, as above stated, applies to the case before you and you cite as authorities the following: Spear v. Robinson, 29 Me. (16 Shep.) 531; See Words and Phrases, 1st Series, Affinity, p. 246, Dissolution of Mar- riage; Dearmond v. Dearmond, 10 Ind. 191; Bigelow v. Sprague, 140 Mass. 425; Paddock v. Wells, 2 Barb. Ch. (N. Y.) 331; Stringfellow v. State, 61 S. W. (Tex.) 719; Jagues v. Com., 10 Gratt (51 Va.) 690; 2 C. J. 379. We have carefully examined the above authorities and believe that they support your pOSition. See also: Pegues v. Baker, 17 So. 943; Tagert v. State, 39 So. 293; 38 C. J. 1293; and also Back v. Back, 125 N. W. 1009. Although the rule of law may seem to work a hardship in this particular case, the conclusion you have reached is correct under the authorities and your opinion is hereby confirmed.