Presumed dead

[inquisitivelamb]

He and his (apparent)second wife appear on various US census through to 1930. There is also a death certificate record in1939 but his surname, Doyle, was a rather common name. I haven't personally pursued his history this is information from other researchers.

I have records of registration for the birth of all the children. The father is not named on the latter two documents.

If there is a separate record dept for 'declared' deaths I might be able to clear this mystery.

[Ruskie]

I cannot advise on the existence or not of “declared” deaths in the UK, however if you were to follow up on the first husband and his possible death, that might give you some answers. His second marriage certificate and the possible death certificate might help clarify the situation.

In addition the certificate of her second marriage would be worth purchasing to see what she says is her “condition” ie widowed, spinster etc. Re the birth of your grandmother in 1901 - do the dates fit for the first husband to be her father?

From those documents you might get an insight into her situation and their relationship. Sounds like they might have just parted ways.

[inquisitivelamb]

Applying for birth and marriage certificates is definitely my next option. The lady was married 3 times and I have her other two marriage certificates but not the relevant one for her second husband.

Thank you to everyone for offering advice.

[Ruskie]

I hope you get the answers you are looking for.

Generally with these personal matters unless there is some scandal which has reached the newspapers all we can do is try to join the dots thorough certificates, and even some of the information given on them may not be truthful.

Good luck. Let us know how you get on. 

[stanmapstone]

From "The Marriage Law of England" James T. Hammick; Secretary of the Registrar General's Office Somerset House; 1873.
"With respect to a person whose husband or wife has been continuously absent for the last seven years, and the fact of whose existance has been unknown to such person during that time, the presumption is that the former consort is no longer living, and that such person is a widower or a widow. As the law allows a person under these circumstances to marry again with impunity, a clergyman would be justified in putting up the banns and celebrating a second marriage.....................At the same time it should always be remembered that a second marriage, while the husband or wife of the first marriage is living is void, and in the event of the return of the absent spouse the ceremony is a mere nullity."

Stan

[aghadowey]

Have you found her returning to U.K. yet? Incoming U.K. passenger lists (Ancestry & Find My Past, I think) would hopefully list her marital condition to at least indicate what details she gave at the time and to compare with 2nd marriage certificate.

[AntonyMMM]

If a woman is married it is assumed that the husband is the father of a baby unless another man admits responsibility.

No it isn't assumed and her husband isn't automatically shown as the father. A married woman CAN name her husband as the father of her child without him being present, but if she does so knowing it to be false she commits perjury.

[Kiltpin]

If a woman is married it is assumed that the husband is the father of a baby unless another man admits responsibility.

No it isn't assumed and her husband isn't automatically shown as the father. A married woman CAN name her husband as the father of her child without him being present, but if she does so knowing it to be false she commits perjury.

 

Context is everything. As far as the Peerage, the Baronetage, or Heraldry is concerned, it IS assumed that the husband of a legal marriage is the father of any children of that marriage. 

There are two types of remainder, one for sons only and one for all children - "Heirs male (or heirs general), legally born of the body". That is to say  - Sons (or all children) born while there was a legal marriage in place (or within 9 months after the dissolution of the marriage, or the death of the father). 

I find it very difficult to believe that we have two distinctly different types of inheritance in this country. 

Regards 

Chas

[AntonyMMM]

My reply was purely in the context of the rules of civil registration.