Genealogy Chat

Hi all, I'm hoping someone can help me with this please. My 2X Gt Grandad was James Macaulay born in Forfar, Scotland about 1830. In 1853 he married Maria and they lived in the Lambeth area of London. I have him in 1861 as 29, in 1871 as 40 and in 1881 as 49. I can't find him after 1881 his wife Maria is living with a married daughter in the 1891 & 1901 census's and is down as married in 1891 but not 1901. When Maria died in sept 1901 her death cert says Wife of James Macaulay not widow, so I asume he was still alive at that point. My nan always said that her grandad James died in New York and that he was found dead in a hotel. I've searched all the GRO records for deaths of a James Macaulay and found nothing that fits, I've also checked all deaths overseas and deaths recorded by the British Consulate at the FRC and still nothing. I have found on the Ellis Island site a death for a James Macaulay aboard the ship Lucania ship in 1895 age 62 he describes his occupation as Gent when he was a baker and his native country as Scotland. This James apparently died aboard ship. My problem is that how do I know if this is my James? and has anyone any ideas on how I can find out more about him. None of his childrens marriage certs don't have him as deceased. I'm wondering if this is him or if he did die abroard there must somewhere be some records for the family to have been told. Any help on this would be very much appreciated as this has been my brickwall for a long time. Many Thanks Michele

Michele Let's just clarify this. On the 1901 census your gt gt gran is listed as a widow. She dies later that year and her death cert describes her as "wife of James Macaulay". One of these things must be wrong! Perhaps the M for married on the census was misread a W for widow and James was still alive, in which case the death cert is correct. Perhaps she was a widow (the census is right) and whoever registered the death described her as "wife" either because they thought James was still alive, or they made a simple mistake. I was also unclear about whether all his children's marriage certs had James as deceased or not (own experience is that even if left as though alive, sometimes person was dead). nell

Hi Nell, Thanks for replying. Maria was down as Married in 1891 but on the 1901 where it says marital status the collum is left blank, could it mean that she didn't know at the time. Maria's death was registered by her daughter in law. Many Thanks Michele

I suppose if James left home, his wife wouldn't know he was dead. I have a vague feeling that there's a law which states that after someone has disappeared for 7 years he can be assumed to be dead. nell

Thank you Nell for your ideas. I never thought that after 7 years he could be asumed to be dead so thats another option. It's possible that by the time she died she never knew what happened to him, maybe thats why in 1901 the marital status was blank, poor woman didn't know if she was still married or widowed. Many Thanks for your help Michele

Michele and Helen, Most interesting information I have read. I was wondering if women were allowed to remarry after 7 years of not knowing whether the spouse is dead or not? That would be playing bigamy, does the 7-year law apply the same today? Caz

I also have a marriage certificate which states the occupation of the bride's father as Plumber when he had died about 10 years previously. There was no mention of him as having been deceased. Perhaps the question was just asked "name and occupation of father" and no mention was made of whether he was still alive or not.

Angela, As regards to deceased fathers on marriage certs, I think deceased was only added for the father if the priest or registrar was informed at the time of marriage that he was no longer living. If this wasn't mentioned by the couple then deceased wouldn't be added, as far as I know the couple wern't asked if the fathers were living. Probably why we all have certs without deceased when it was known he was dead. Hope this helps Michele

Hi folks Just thought I would add that there is actually a type of Court action that you can raise to obtain a Court Decree that someone is dead after they have been missing for 7 years. I think it is a bit long winded but it's probably a legal necessity if there is insurance policies and heritable property etc involved. Caroline