Died at sea - Query

[ozgirl]

Valentine Zechariah Selth is born in Deal, Kent in 1820. In 1851 he marries his 2nd wife, and sometime later becomes a sailor. According to probate granted on 15 dec 1865 he died at sea on or about 5th jan 1864. If there was no body was there a minimum time that they had to wait before declaring someone dead?

The reason I'm asking is that in 1869 Valentine resurfaces in San Francisco to marry yet again, and is on the 1870 US census, born in 1820 in England, Sailor. Would it be bigamy if you were officially dead?

This is an interesting one to enter the dates into the tree! I haven't yet found his 2nd death.

Linda

[Olde Crone Holden]

If a man fell overboard and a rescue attempt was made but there was no trace of a body, it would be reasonable to assume he was dead, so no waiting period.

Yes it is still bigamy because a dead person cannot marry! HE knew he wasn't dead and HE knew he was already married, so it is bigamy.

OC

[ozgirl]

Thanks OC - I thought it would still be bigamy. Presumably neither of his wives knew about the other, as he obviously didn't go back to wife 2.

Linda

[Olde Crone Holden]

However, if wife number 2 remarried, she wasn't committing bigamy because she had very good reason to believe he was dead. Her remarriage would still be non valid though, just not bigamy.

OC

[garstonite]

I can`t help here regarding the marriage ...but I do know this...my wifes grandad was lost overboard at sea aged 64...his wife had to wait a year and a day for the Insurance Company to pay her out his life insurance...forms / witnesses galore...so might it be possible that because there are witnesses to a man going overboard that the same rules apply regarding marriage ???....allan