Author Topic: Was he really dead or legally on that date?  (Read 26582 times)

Offline rosball

  • RootsChat Marquessate
  • *******
  • Posts: 7,263
  • John Scott Henderson 1853 Scotland -1919 Vic
    • View Profile
Re: Was he really dead or legally on that date?
« Reply #81 on: Friday 23 September 16 21:18 BST (UK) »
Yes Rena it was good to be reminded of how much the poor man was probably suffering and why. 

Sometimes we get so locked into searching for records and feeling frustrated when we can't find them that we lose sight of the person behind the quest.

Ros
Let's not tolerate bullying !
Herrington Kent  Henderson Scotland Kerr Scotland Reston Scotland  Smith Scotland  Kellow Cornwall  Doney Cornwall  Wadeson Lancashire  Whiteley Yorkshire Gregan Ireland

Offline rosball

  • RootsChat Marquessate
  • *******
  • Posts: 7,263
  • John Scott Henderson 1853 Scotland -1919 Vic
    • View Profile
Re: Was he really dead or legally on that date?
« Reply #82 on: Friday 23 September 16 21:58 BST (UK) »
A few responses to NSW Record Office queries :
  - the bankruptcy index is from 1888-1928 and the only man of approx that name is
    Donald Macintyre Gower McGREGOR who in 1927 was a stock and station agent in Glen Innes.
    (adding : I assume we can rule him out)
  - there is no inquest index - I'll ask about inquests when I am there.
  - the keyname search covers most of the indexes http://indexes.records.nsw.gov.au/keyname.aspx

I plan to go to Records Office on Tuesday.  Hopefully the divorce records will include some hints of where he may have gone or at least details of his children.

Whoops better prebook some records - so much harder now with the improved system  ;D.

But the staff are wonderful and so very helpful under such trying conditions.

Ros
Let's not tolerate bullying !
Herrington Kent  Henderson Scotland Kerr Scotland Reston Scotland  Smith Scotland  Kellow Cornwall  Doney Cornwall  Wadeson Lancashire  Whiteley Yorkshire Gregan Ireland

Offline Jamjar

  • RootsChat Marquessate
  • *******
  • Posts: 10,727
  • Scottish GGGrandmother-Grace MORRISON née JARDINE
    • View Profile
Re: Was he really dead or legally on that date?
« Reply #83 on: Saturday 24 September 16 00:31 BST (UK) »
As I made plain in my post; I was offering another opinion based on the original question


Yes you did and none of it was based on actual fact. You made sweeping over generalisations when impling that you knew his physical health, mental state and family relationship statuses.

The definition of 'het up' as per Merriam Webster dictionary is very excited or upset. I can't see that I was either of those. Nor am I now, while sitting in the sun on the back veranda sipping tea.

I would love to debate all that was wrong with your post, but that would only degrade all the hard work that had gone into this thread, prior to it.

Jamjar (real pet name given to me by a very special aunt)
Atkinson; Badier; Cameron; Grant; Howie; Jardine; Jenkins; Kerr; Lawardorn; Lee; Linton; Lonie; McConnell; Morgan; Morrison; Murphy; O'Leary; Paton; Pratt; Robb; Williams

Offline Jamjar

  • RootsChat Marquessate
  • *******
  • Posts: 10,727
  • Scottish GGGrandmother-Grace MORRISON née JARDINE
    • View Profile
Re: Was he really dead or legally on that date?
« Reply #84 on: Saturday 24 September 16 00:42 BST (UK) »
Yes Rena it was good to be reminded of how much the poor man was probably suffering and why. 

Sometimes we get so locked into searching for records and feeling frustrated when we can't find them that we lose sight of the person behind the quest.

Ros

Ros, I have to disagree with you here.

I don't believe we do lose sight and I certainly don't think you do. We often comment on how sad something is, as JM has done in this thread. We read a lot of articles on Trove and I know that I am often saddened by them. You know the ones that we link to and make very little comment on, other to say how sad it is.

Jamjar
Atkinson; Badier; Cameron; Grant; Howie; Jardine; Jenkins; Kerr; Lawardorn; Lee; Linton; Lonie; McConnell; Morgan; Morrison; Murphy; O'Leary; Paton; Pratt; Robb; Williams


Offline cando

  • RootsChat Marquessate
  • *******
  • Posts: 22,360
    • View Profile
Re: Was he really dead or legally on that date?
« Reply #85 on: Saturday 24 September 16 00:47 BST (UK) »
Quote
- there is no inquest index - I'll ask about inquests when I am there.

Ros....does this help.  I would think the first source mentioned may be helpful.

An online subscription website has compiled a database but only to 1937 from the following sources.  No help for 1937 records.... but the resource extends to 1942.

New South Wales Government. Registers of Coroners’ Inquests and Magisterial Inquiries, 1834–1942 (microfilm, NRS 343, rolls 2921–2925, 2225, 2763–2769). State Records Authority of New South Wales, Kingswood, New South Wales, Australia.

New South Wales Government. Sydney City Coroner: Registers of Inquests and Inquiries, 1862–1926 (microfilm, NRS 1783, rolls 1391–1396). State Records Authority of New South Wales, Kingswood, New South Wales, Australia.

New South Wales Government. Reports of Inquests, 1796–1824 (microfilm, NRS 2232, rolls 2232, 2233). State Records Authority of New South Wales, Kingswood, New South Wales, Australia.

Cheers
Cando
Census Information is Crown Copyright, from www.nationalarchives.gov.uk

Offline rosball

  • RootsChat Marquessate
  • *******
  • Posts: 7,263
  • John Scott Henderson 1853 Scotland -1919 Vic
    • View Profile
Re: Was he really dead or legally on that date?
« Reply #86 on: Saturday 24 September 16 01:29 BST (UK) »
Thanks Cando  :)

( You know how much I love microfilm  ;D )
Let's not tolerate bullying !
Herrington Kent  Henderson Scotland Kerr Scotland Reston Scotland  Smith Scotland  Kellow Cornwall  Doney Cornwall  Wadeson Lancashire  Whiteley Yorkshire Gregan Ireland

Offline majm

  • RootsChat Marquessate
  • *******
  • Posts: 25,385
  • NSW 1806 Bowman Flag Ecce signum.
    • View Profile
Re: Was he really dead or legally on that date?
« Reply #87 on: Saturday 24 September 16 02:08 BST (UK) »
You've got a bit of a cunumdrum haven't you.  If Australian law was the same as British law then I believe a person could be assumed dead after seven years - hence the wife married seven years after his disappearance.

Hi there Rena,   

We need to remember that 'the wife' had been granted a Decree Absolute by the New South Wales Supreme Court in 1935.  Decree Absolute followed from the Decree Nisi, which was the outcome of her application for the Dissolution of her August 1917 Marriage.  She divorced him, her status on her next marriage ought to be "Divorcee - Petitioner" .  So, errr...  she was no longer 'the wife' of Donald Macgregor when she next married.   

"Australian Law" .... errrr .... until the mid 1970s (when Federal 'no fault' divorce laws were introduced), Divorces were not dealt with under any "Commonwealth of Australia" courts,  but were dealt with under the legislative Acts of the Parliaments of the six foundation states.   So New South Wales law governed how to proceed with Divorce where one of the applicants was resident in New South Wales.  (and each state operated similarly).  NSW Divorces were handled via the NSW Supreme Court. 


I see Effie Scott TURNBULL (her maiden name) married in Ryde in 1937.

Perhaps that is what triggered the 1937 death note

Ros

adding :  Effie Scott PRICE died in 1972.


Would she be receiving a pension and have to inform them of changed name/address??

As she had divorced Donald, and had a Decree Absolute (reply #3),  there would not have been any reason for her to have received an AIF pension or to keep the AIF informed of her changed name/address.

It would be interesting to know how she was described on the 1937 marriage

JM


JM 
The information in my posts is provided for academic and non-commercial research purposes. 
Random Acts of Kindness Given Freely are never Worthless for they are Priceless.
Qui scit et non docet.    Qui docet et non vivit.    Qui nescit et non interrogat.   
All Census Look Ups Are Crown Copyright from www.nationalarchives.gov.uk
I do not have a face book or a twitter account.

Offline Rena

  • RootsChat Marquessate
  • *******
  • Posts: 4,966
  • Crown Copyright: www.nationalarchives.gov.uk
    • View Profile
Re: Was he really dead or legally on that date?
« Reply #88 on: Saturday 24 September 16 02:13 BST (UK) »
As I made plain in my post; I was offering another opinion based on the original question


Yes you did and none of it was based on actual fact. You made sweeping over generalisations when impling that you knew his physical health, mental state and family relationship statuses.

The definition of 'het up' as per Merriam Webster dictionary is very excited or upset. I can't see that I was either of those. Nor am I now, while sitting in the sun on the back veranda sipping tea.

I would love to debate all that was wrong with your post, but that would only degrade all the hard work that had gone into this thread, prior to it.

Jamjar (real pet name given to me by a very special aunt)

I'm sorry that you're taking my postings in a way that I never intended.   There were nine pages showing all the stirling research done by people - the main thing missing that I could see was actual proof of a burial, which might mean Donald had maybe changed his name for some reason, or could mean that his name had been mistranscribed on a vital record.

As you will notice - I don't live in Australia and don't know my way around all the records so I ummed and ahhed quite a while before posting my suggestion that maybe the local police records could verify the family had been notified. 

Please don't degrade my honest opinion of what COULD have happened to this ancestor.  An ancestor who had served his country to the best of his ability in awful circumstances and had been discharged as quoted. Facts are important but so are emotions and our ancestors experienced emotions the same as we do.  Here's a fact about conditions our ancestors experienced; <At the Battle of the Somme in 1916, almost 1.8 million shells were fired on German lines in the space of a week> (alphahistory.com/worldwar1/weapons). 

My husband was a regular in H.M. Forces and I still have my contacts.   Veterans are extremely proud people and even today find it difficult to admit they need help, which is the reason one of my friends (a paratrouper) attended three funerals within the space of a year to bury healthy active service men in their thirties who couldn't cope with the mental turmoil.
Aberdeen: Findlay-Shirras,McCarthy: MidLothian: Mason,Telford,Darling,Cruikshanks,Bennett,Sime, Bell: Lanarks:Crum, Brown, MacKenzie,Cameron, Glen, Millar; Ross: Urray:Mackenzie:  Moray: Findlay; Marshall/Marischell: Perthshire: Brown Ferguson: Wales: McCarthy, Thomas: England: Almond, Askin, Dodson, Well(es). Harrison, Maw, McCarthy, Munford, Pye, Shearing, Smith, Smythe, Speight, Strike, Wallis/Wallace, Ward, Wells;Germany: Flamme,Ehlers, Bielstein, Germer, Mohlm, Reupke

Offline Rena

  • RootsChat Marquessate
  • *******
  • Posts: 4,966
  • Crown Copyright: www.nationalarchives.gov.uk
    • View Profile
Re: Was he really dead or legally on that date?
« Reply #89 on: Saturday 24 September 16 02:35 BST (UK) »
You've got a bit of a cunumdrum haven't you.  If Australian law was the same as British law then I believe a person could be assumed dead after seven years - hence the wife married seven years after his disappearance.

Hi there Rena,   

We need to remember that 'the wife' had been granted a Decree Absolute by the New South Wales Supreme Court in 1935.  Decree Absolute followed from the Decree Nisi, which was the outcome of her application for the Dissolution of her August 1917 Marriage.  She divorced him, her status on her next marriage ought to be "Divorcee - Petitioner" .  So, errr...  she was no longer 'the wife' of Donald Macgregor when she next married.   

"Australian Law" .... errrr .... until the mid 1970s (when Federal 'no fault' divorce laws were introduced), Divorces were not dealt with under any "Commonwealth of Australia" courts,  but were dealt with under the legislative Acts of the Parliaments of the six foundation states.   So New South Wales law governed how to proceed with Divorce where one of the applicants was resident in New South Wales.  (and each state operated similarly).  NSW Divorces were handled via the NSW Supreme Court. 


I see Effie Scott TURNBULL (her maiden name) married in Ryde in 1937.

Perhaps that is what triggered the 1937 death note

Ros

adding :  Effie Scott PRICE died in 1972.


Would she be receiving a pension and have to inform them of changed name/address??

As she had divorced Donald, and had a Decree Absolute (reply #3),  there would not have been any reason for her to have received an AIF pension or to keep the AIF informed of her changed name/address.

It would be interesting to know how she was described on the 1937 marriage

JM


JM

Hi JM,
Please don't tell my offspring that I missed a point (they think I know it all).

Thanks for pointing it out - I went back to see why I missed that fact.  I didn't miss seeing it - what I did was go though the initial query which included the seven year point and answered that portion.  There was so much information found that when I glanced through the pages to check - I didn't do a very good job of checking all the postings again. :-\

Apologies all round.
Rena
Aberdeen: Findlay-Shirras,McCarthy: MidLothian: Mason,Telford,Darling,Cruikshanks,Bennett,Sime, Bell: Lanarks:Crum, Brown, MacKenzie,Cameron, Glen, Millar; Ross: Urray:Mackenzie:  Moray: Findlay; Marshall/Marischell: Perthshire: Brown Ferguson: Wales: McCarthy, Thomas: England: Almond, Askin, Dodson, Well(es). Harrison, Maw, McCarthy, Munford, Pye, Shearing, Smith, Smythe, Speight, Strike, Wallis/Wallace, Ward, Wells;Germany: Flamme,Ehlers, Bielstein, Germer, Mohlm, Reupke