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Author Topic: death certificates  (Read 8354 times)

Offline A bairn

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death certificates
« on: Saturday 04 May 13 18:55 BST (UK) »
Does anyone know if by law in Scotland in 1916 was it a requirement for widows/widowers to produce a death certificate of previous spouse when entering into a second marriage or was it sufficient to state they were a widow/widower ?

Offline ITBookworm

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Re: death certificates
« Reply #1 on: Sunday 05 May 13 22:31 BST (UK) »
My understanding is that, at that time, there was no requirement to produce proof of anything, so name, age, single/widow/(still married :o)...

I am sure someone else will know for certain :)
Dempster, Harvie, Comrie, Adams
O'Neill, Curry, Dunbar, Crichton

Offline A bairn

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Re: death certificates
« Reply #2 on: Monday 06 May 13 10:26 BST (UK) »
Thank you bookworm that's the impression I'm gaining too.
Maureen

Offline Forfarian

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Re: death certificates
« Reply #3 on: Monday 06 May 13 10:55 BST (UK) »
I don't know, but it would have been pointless to require it anyway. Anyone who was unable to produce a spouse's death certificate and wished to conceal the fact could just have produced their own birth certificate and claimed to be unmarried. The Registrar would have no way of checking for a previous marriage if the person involved didn't tell him.
Never trust anything you find online (especially submitted trees and transcriptions on Ancestry, MyHeritage, FindMyPast and other commercial web sites) unless it's an image of an original document - and even then be wary because errors can and do occur.

Offline A bairn

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Re: death certificates
« Reply #4 on: Monday 06 May 13 12:11 BST (UK) »
Hi Forfarian thanks for your reply.The issue is around a relative who claimed on 3 census returns that he was married to the same lady he lived with and stated he was a widower on his 'second' marriage in 1916. I have a copy of the said lady's death certificate which states she was a spinster.If there was no requirement to produce a previous spouse's death certificate then I can only assume that he was of the mindset that considered her his wife, what in Scotland used to be called a 'bidy in '. The details on her death certificate were not given by him and I have been unable to trace a marriage certificate in Scotland but if it exists it may well be in Ireland.

Offline terianne

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Re: death certificates
« Reply #5 on: Tuesday 07 May 13 21:22 BST (UK) »
Could be his common law wife.  quite common status for a bidy in, living as man and wife for several years and to state on Census'  as wife - only legal if they can proof lengthy status as man and wife in princple, re wills, children alike, usually has to go to court.  No legal status re offical registered Records ie B.M.D.

Offline A bairn

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Re: death certificates
« Reply #6 on: Wednesday 08 May 13 13:58 BST (UK) »
Thanks Terianne.
Maureen

Offline flst

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Re: death certificates
« Reply #7 on: Wednesday 08 May 13 14:40 BST (UK) »
If you use the search area at the top of this page, you'll find previous topics on Scottish irregular marriages. Hope you find this helpful,
flst
TAYLOR, COBBAN, SCOTT, PATERSON, BARCLAY,  DUNCAN, SKENE, SIM, WOOD, STEPHEN, ROSE,  CUMINE, MORISON, GERRARD, PYPER, ANDERSON,  FARQUHAR, BURNET, THOMSON, DAVIDSON, BIRNIE,  STRACHAN, DEY, GERRIE, ROBERTSON, FINNIE, WYLLIE,STEPHEN,WILLOX,MICHIE,MARR,BRUCE, CLUBB,SLESSOR,CLARK, SIMPSON,HEPBURN,SINCLAIR,BEEDIE,FOWLIE, CLYNE,FINDLATER, JOHNSTON,BROCKIE,PARK, WATT,MACKIE,WALKER,YEATS,THIRD, BURD,EWAN,ARTHUR,AUCKLAND, MURDOCH,LOW, IRVINE,CHALMERS,BOYES, LYON,SMITH,ADIE, WATSON - ALL N.E.SCOTLAND.

Offline jcmac

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Re: death certificates
« Reply #8 on: Wednesday 08 May 13 14:49 BST (UK) »
I think Forfarian and flst have given good advice.
In order for "marriage under common law" in Scotland there has to be no barrier to the parties formally being married ie both must be free from any previous lawful marriage.
This doesn't answer the original query but it might save you from readily accepting a "fact" which is still not clear.
jcmac.
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