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  1. #1
    geniewithin
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    Default Who is the Father of Edward Salter?

    Hello and Good Evening,

    I am a newbie. I hope I have chosen the right forum. This is my first post trying to find the Father of Edward SALTER.

    Through my research I received Edward Salters birth certificate. His birthdate is, 12 JANUARY 1860, in Melksham, Wilts. His mother is Mary Ann SALTER and no father listed.

    There is a note on this Registration Certificate pertaining to the Legitimacy Act of 1926. It reads, “ Re-registerd under the Legitimacy Act of 1926 on 28th November 1927,” initialed possibly W.J.M.

    I know Mary Ann Salter (b.1828) married Samuel GORE (b. 1841), on 1 NOVEMBER 1860. According to their Marriage document Mary Ann is 28 and Samuel is 20 years of age.

    Taking into account Birth Dates, I believe Samuel was 19 and Mary Ann was 32. Was this a legal marriage?

    Then, I found the following Census information that made this research even more complex!

    1861 UK Census - Samuel Gore married 19. Born in Melksham, Wilts.
    Mary A. Do married 22 or 32 - note I can’t decipher the age as written. Born in Melksham, Wilts.
    Edward S. Do son 1 year old. Born in Melksham, Wilts.

    1871 UK Census - Samuel Gore 29 possibly - I can’t read his age.
    Mary Do 42
    Edward Salter 11
    Alice Gore
    with three other GORE Daughters.

    1881 UK Census the Family Surname is GORE, Samuel 39, Mary 52, Edward 21, with two sisters.

    Given this information I am trying to answer the following questions:
    1. Is this Marriage Legally Valid? Samuel would have been underage.
    2. What are the parameters of the Legitimacy Act of 1926?
    3. Is in fact Samuel Gore, Edward Salter’s father?
    4. Is Edward Gore legally Edward Gore?
    5. Who Re-registered the birth in 1927 and why?
    6. Can the Re-registration document be found anywhere?
    7. Are there any other documents to verify Edward Salter as a GORE?

    Any help or direction anyone could give me would be greatly appreciated!

    Thank you for your time.

    Kim

  2. #2
    Super Moderator christanel's Avatar
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    Welcome to the British-Genealogy forums Kim

    I wonder if this is the re-registration of Edward Salter's birth as a Gore acknowledging the father as Samuel Gore?
    On FreeBMD
    Births December 1/4 1927
    Edward Gore, mother's maiden name Salter, Registration district Melksham vol 5a page137

    This is the Act

    Legitimacy Act 1926 Legitimacy Act 1959 Legitimacy Act 1976. Legitimation was first introduced, with effect from January 1, 1927, by the Legitimacy Act 1926. Section l(l) of the Act introduced the concept (long established in civil law jurisdictions) of legitimation by the subsequent marriage of the parents of the illegitimate child. Section 1(2), however, contained a bar on legitimation where either of the parents was married to a third party at the time of the birth of the illegitimate child (s. 8 also expressly extended the circumstances in which legitimation under foreign law would be recognised). The Act made consequential modifications affecting the property rights of children legitimated under section 1, including the introduction by section 3(l)(b) and (4) of a rule of construction to the effect that in dispositions 'coming into operation' after the date of legitimation (and subject to any contrary intention expressed in such disposition) a legitimated child and his spouse, children or remoter issue were to be entitled to take any interest as if the legitimated child had been born legitimate This formula allowed for only one legitimated person in the chain of succession. Thus a gift to the grandchildren of A would entitle the legitimated child of a legitimate child of A or a legitimate child of a legitimated child of A to take, but not a legitimated child of a legitimated child. The modification -of the rules of construction contained in section 3(l)(b) operated only on dispositions coming into operation after the date of legitimation. The Act did not in terms state whether a will was deemed to 'come into operation' on the date of its execution or the date of the testator's death. This point has never arisen for decision, but it is clear from dicta in Re Hepworth's that it is the latter. Section I of the Legitimacy Act 1959 repealed section 1(2) of the 1926 Act with effect from April 1, 1959, with the consequence that thereafter the fact that a marriage between either of the parents of the illegitimate child and a third party subsisted at the date of the child's birth was no longer a bar to legitimation. The rule of construction introduced by the 1926 Act was accordingly modified as regards wills coming into operation on or after April 1, 1959. Otherwise the law remained unchanged. Although there was no further legislation dealing specifically with the rights of legitimated persons until the Children Act 1975 and the Legitimacy Act 1976 the position of legitimated persons was in the meantime much improved by the new rules governing the rights of illegitimate persons introduced by the Family Law Reform Act 1969. Indeed, section 15(4) of that Act restricted the operation of the rules of construction introduced by the Legitimacy Act 1926 to dispositions referring only to persons who were legitimate or whose relationship was deduced through legitimate persons. (The provisions of the 1969 Act are considered below in the section on illegitimacy.) The provisions relating to legitimation contained in the 1926 and 1959 Acts were re-enacted with effect from January 1, 1976, by the Legitimacy Act 1976 (replacing with effect from the same date the corresponding provisions of the Children Act 1975). The 1976 Act currently governs the rights of legitimated children. The provisions relating to the property rights of legitimated persons, which are contained in section 5, differ from the earlier rules in important respects. First, section 5(l) provides that subject to any contrary indication the rules of construction contained in the section are to apply to any instrument (other than an existing instrument) so far as containing a disposition of property. This provision is an important development as it has the effect that a person who is legitimated will not be disqualified even if the disposition is made before the date of his legitimation. Secondly, section 5(3) provides that a legitimated person 'and any other person' shall be entitled to take any interest as if the legitimated person had been born legitimate. This formulation cures the 'one generation' restriction in the earlier legislation. Thus, under the 1976 Act a gift to the grandchildren of A will be construed so as to permit the legitimated child of a legitimated child of A to take. The rules enacted by the 1976 Act do not affect 'existing' instruments, i.e. instruments 'made' before January 1, 1976: sections 5(l) and 10(l). Wills made' before that date continue to be governed by the earlier legislation.' Section 10(3)(a) makes explicit that which was only implicit -in the earlier legislation, namely that the death of the testator is the date at which a will or codicil is to be regarded as made. Thus, a will made before January 1, 1976, of a testator who dies after that date is governed by the new rules.

    So basically I see it that re-registering a child's birth with the natural father named made sure that child's inheritance was safe.
    Ordering the second birth cert of 1928 from the GRO without using the references would then allow you (on the second page) to state that the parents must be Samuel Gore and Mary Salter and there should be a reference to the first birth registration. This way if it isn't the correct re-registration you will receive a refund.

    I think it was illegal to re-register a child's birth using anyone's name other than the natural father's. So a step father would be committing a criminal act if he and his wife re-registered a child with the step father recorded as the father.
    Christina
    Sometimes paranoia is just having all the facts.
    William Burroughs

  3. #3
    Super Moderator christanel's Avatar
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    From 'Marriage Laws, Rites, Records & Customs' by Colin R Chapman,

    From time immemorial the age for matrimonial consent was fixed at 7 years,
    but puberty was accepted as the age for consummation of the marriage, which
    was 12 for girls and 14 for boys.
    Canon 100 of 1603 forbade, but did not invalidate marriage of persons under
    21, except with parental consent.
    The legal age for marriage from 29 September 1653 was fixed at 16 for a man
    and 14 for a woman. In 1660 the pre-interregnum laws were reinstated and the
    ages of marriage reverted to 14 for the groom and 12 for the bride.
    Lord Hardwicke's 1753 Marriage Act, made it illegal for those in England
    under the age of 21 to get married without the consent of their parents or
    guardians. the consent requirement was repealed and replaced in 1822 and an
    act in 1823 restored the pre-1753 rule of Canon 100.
    The 1929 Age of Marriage Act made all marriages void from 10 May 1929, if
    either partner was under the age of 16.
    The legal age for marriage remained at 14 for boys and 12 for girls in the
    Republic of Ireland, until 1st January 1975, when it was raised to 16.


    So basically if they had parents consent they were ok. Of course they could lie about their ages and who was going to check if they married in a parish where they weren't known?

    I am just googling for this information and someone who actually understands all this and has a better grasp of it will come along to make it clearer I'm sure.

    Christina



    Sometimes paranoia is just having all the facts.
    William Burroughs

  4. #4
    geniewithin
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    Thank you so much Christina.

  5. #5
    Super Moderator christanel's Avatar
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    1861 UK Census -
    Samuel Gore married 19. Born in Melksham, Wilts.
    Mary A. Do married 22 or 32 - note I can’t decipher the age as written. Born in Melksham, Wilts.
    Edward S. Do son 1 year old. Born in Melksham, Wilts.
    Definitely age 32

    1871 UK Census - Samuel Gore 29 possibly - I can’t read his age.
    Mary Do 42
    Edward Salter 11
    Alice Gore
    with three other GORE Daughters.
    I would say age 29.


    In relation to the birth registration of Edward Salter/Gore, There is only one other possible marriage of a Salter to a Gore in Wiltshire at any time between 1837 and 1983 in Wiltshire and that is of a Louisa Gore in 1887 possibly to an Edwin Salter so the birth reg in 1928 is very likely to be your Edward Salter's re-registration.

    Christina
    Sometimes paranoia is just having all the facts.
    William Burroughs

  6. #6
    geniewithin
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    Hi Christina,

    Thank you for confirming the ages. I will obtain the Birth reg in 1928. This will be great to confirm Edward Salter Gore.

    I look forward to learning more about the Legitimacy Act of 1926.

    I truly appreciate all your help.

    Cheers,
    Kim

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