I may be remembering this wrong but I think Ina said he was a US serviceman who returned home after his tour of service in which case he would be domiciled in the US and his moveable estate at least would be governed by the laws of the state in which he was domiciled. The only exception to that as far as I can remember would be any house or land in Scotland.
I guess in the end of the day what actually happened to his estate would depend rightly or wrongly on what his relatives and executors actually knew about his family. As you say there may well have been children who were entitled to something but got nothing or even as you suggest his second wife to whom he was married at the time of his death. Probably too late to anything about this now.
Is the process not available from the National Archives of Scotland? As Caroline says that would answer a lot of questions. I'm assuming Ina will have checked the index.
Anne
Death and divorce
Moderators: Global Moderators, Pandabean
-
AnneM
- Global Moderator
- Posts: 1587
- Joined: Sat Dec 11, 2004 6:51 pm
- Location: Aberdeenshire
Re: Death and divorce
Anne
Researching M(a)cKenzie, McCammond, McLachlan, Kerr, Assur, Renton, Redpath, Ferguson, Shedden, Also Oswald, Le/assels/Lascelles, Bonning just for starters
Researching M(a)cKenzie, McCammond, McLachlan, Kerr, Assur, Renton, Redpath, Ferguson, Shedden, Also Oswald, Le/assels/Lascelles, Bonning just for starters
-
carolineasb
- Posts: 128
- Joined: Tue Jan 30, 2007 2:15 pm
Re: Death and divorce
I'm just waiting on Ina confirming the date of Decree and the date of Extract Decree.
I wondered if the Date of Decree was before the death but for some reason the Decree was not extracted until after the death? I may have missed it but I think that Ina has only referred to one date which I assumed was the date of Decree but now wondering if it is the date of Extract?
Caroline
I wondered if the Date of Decree was before the death but for some reason the Decree was not extracted until after the death? I may have missed it but I think that Ina has only referred to one date which I assumed was the date of Decree but now wondering if it is the date of Extract?
Caroline
-
Ina
- Global Moderator
- Posts: 1367
- Joined: Wed Dec 08, 2004 6:46 am
- Location: California,originally from Greenock.
Re: Death and divorce
Caroline, What SP sent gives the RCE number and the Decree date of Nov. 3, 1976. Then at the bottom there is a General Register date of December 7, 1976. Decree states it's a divorce against the husband.
Ina
Ina
-
carolineasb
- Posts: 128
- Joined: Tue Jan 30, 2007 2:15 pm
Re: Death and divorce
Hi Ina,
When you say an RCE, is this a copy of a document stating that it is an Extract Decree of Divorce at the top? Or is it a bit like the RCEs where information has been passed to GRO by the Procurator Fiscal after investigation into a death? If it is an Extract Decree of Divorce, that should state, possibly nearer the top of the document, the actual Date of Decree along with the names and addresses of the parties (the Pursuer and the Defender), the date and place of marriage and the grounds for Divorce? Possibly at the bottom it should have a date of Extract and signed by a Clerk (of the Court of Session)? From what you are saying it sounds like you have some other document. If there is a GRO date, I would imagine, though I am not sure about it, that it is the date a notification was received and registered by GRO. All the Divorces that I have found in my family I'm sure have the actual Extract attached to the original marriage entry.
Also, I note that you say that the Divorce was against the husband, however, from your previous posts I thought that the action was against the wife here in Scotland. If it is the case that the wife was the Pursuer and the husband the Defender in the action then that may explain the Decree being granted after he had in fact passed away as she and her Agents may well not have known that he had passed away.
Caroline
When you say an RCE, is this a copy of a document stating that it is an Extract Decree of Divorce at the top? Or is it a bit like the RCEs where information has been passed to GRO by the Procurator Fiscal after investigation into a death? If it is an Extract Decree of Divorce, that should state, possibly nearer the top of the document, the actual Date of Decree along with the names and addresses of the parties (the Pursuer and the Defender), the date and place of marriage and the grounds for Divorce? Possibly at the bottom it should have a date of Extract and signed by a Clerk (of the Court of Session)? From what you are saying it sounds like you have some other document. If there is a GRO date, I would imagine, though I am not sure about it, that it is the date a notification was received and registered by GRO. All the Divorces that I have found in my family I'm sure have the actual Extract attached to the original marriage entry.
Also, I note that you say that the Divorce was against the husband, however, from your previous posts I thought that the action was against the wife here in Scotland. If it is the case that the wife was the Pursuer and the husband the Defender in the action then that may explain the Decree being granted after he had in fact passed away as she and her Agents may well not have known that he had passed away.
Caroline