Whilst researching hubby's extended family I have come accross a real gem regarding his 3rd great uncles wife. Mary Ellen Maria had an amazing life and actually managed not only to divorce her husband in 1860, but also be awarded sole custody of their only child. Her mother died in 1872 and this sparked off a move by her only maternal aunt to get her declared illegitimate in the Court of Chancery!
The whole thing centres around the will of her maternal grandfather who left his estate in trust, the income from which he bequeathed to his two daughters, and following their demise, their LAWFUL heirs. My question is what constitutes lawful - is it legitimacy? As far as I can see this would be the only reason to try and get her legitimacy queried. The daughter was born in 1829, the grandfather died in 1845 , mother died in 1872 and the whole issue went to Chancery in 1874. There is a marriage for the parents in 1830 in St Margaret's Westminster, where the mother declares herself a spinster, however there is a possibility of an earlier marriage which has not come to light. One reason for a second marriage being put forward was that the groom would have been under 21 when the first marriage took place and that he went through the 1830 marriage to avoid any problems (he would have been 21 by then). Obviously Mary was born illegitimate if a prior marriage didn't take place, but I thought the subsequent marriage would legitimise her?
It is really puzzling as both families considered the lady to be legitimate - the only reason I can see for the Aunts actions was a bit of sour grapes as her 4 daughters would have had to share one half of the trust fund wheras Mary would have been the sole beneficiary of the other half.
The other query is where would I find the decision regarding this case? The papers from the Archives consist of Solicitors letters , legal Bills of Complaint, Interrogatories and sworn Affadavits, but no actual decision document. It has taken me ages to wade through them as I was quoted 22 pages by the National Archives when I placed the order - what actually arrived was a bundle of A3 pages two inches thick!! That said it has proved a goldmine regarding dates and places of births, marriages and deaths as well as dirt dishing and gossip about primarily this family, but also about Hubby's relative.
I would be really interested to have your comments, especially regarding the term "lawful children or child".
The whole thing centres around the will of her maternal grandfather who left his estate in trust, the income from which he bequeathed to his two daughters, and following their demise, their LAWFUL heirs. My question is what constitutes lawful - is it legitimacy? As far as I can see this would be the only reason to try and get her legitimacy queried. The daughter was born in 1829, the grandfather died in 1845 , mother died in 1872 and the whole issue went to Chancery in 1874. There is a marriage for the parents in 1830 in St Margaret's Westminster, where the mother declares herself a spinster, however there is a possibility of an earlier marriage which has not come to light. One reason for a second marriage being put forward was that the groom would have been under 21 when the first marriage took place and that he went through the 1830 marriage to avoid any problems (he would have been 21 by then). Obviously Mary was born illegitimate if a prior marriage didn't take place, but I thought the subsequent marriage would legitimise her?
It is really puzzling as both families considered the lady to be legitimate - the only reason I can see for the Aunts actions was a bit of sour grapes as her 4 daughters would have had to share one half of the trust fund wheras Mary would have been the sole beneficiary of the other half.
The other query is where would I find the decision regarding this case? The papers from the Archives consist of Solicitors letters , legal Bills of Complaint, Interrogatories and sworn Affadavits, but no actual decision document. It has taken me ages to wade through them as I was quoted 22 pages by the National Archives when I placed the order - what actually arrived was a bundle of A3 pages two inches thick!! That said it has proved a goldmine regarding dates and places of births, marriages and deaths as well as dirt dishing and gossip about primarily this family, but also about Hubby's relative.
I would be really interested to have your comments, especially regarding the term "lawful children or child".
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