Author Topic: legal meaning of "reputed"  (Read 6085 times)

Offline MalNZ

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legal meaning of "reputed"
« on: Sunday 15 November 09 09:42 GMT (UK) »
Hi

In a will a woman leaves various properties etc to her natural sons and daughters.  Then she leaves 15 pounds to her "reputed" sons.  One could do many things with this word but what does in mean in Welsh legal terms about the year 1810?

Cheers

Mal_NZ
Williams, Cardiganshire
Morris, Cardiganshire
Evans, Cardiganshire

Offline pinot

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Re: legal meaning of "reputed"
« Reply #1 on: Sunday 15 November 09 19:02 GMT (UK) »
her natural sons and daughters.
Is this a quote from the will? "natural" in this context normally means illegitimate.
Wales in 1810 was as now subject to English law. Apart from the obvious meaning "reputed" is hard to understand; if it was a man's will (and parentage of a child therefore uncertain) it would be easier to interpret. I hope you get expert opinion from someone else.
                                Pinot  :)

Offline NEILKE

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Re: legal meaning of "reputed"
« Reply #2 on: Sunday 15 November 09 19:58 GMT (UK) »
in some parish records ive read it said x the reputed basxxed child  of x which might mean x is the childs father.hope this helps.
neil
kenny from ireland befre moveing to north shields  flaxen/flexon from cumnor then sunderland robinson from rothbury then north shields urqhart somewhere in scotland then sunderland

Offline MalNZ

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Re: legal meaning of "reputed"
« Reply #3 on: Monday 16 November 09 10:48 GMT (UK) »
Hi
Certainly in parish records x as the father would indicate that the child could be illegitimate. But this is a signed will - she first recognises her own children, and distinguishes the other two as "reputed". 

Several thoughts

1. that they are the illegitimate children of her husband - she must have been very tolerant for him to have two and both had the same surname, and that is not the same as her surname.

2. That they are the legal children of her husband's previous wife. Again they are not the same surname as her husband which she took on marriage, the name of whom I have yet to confirm.

3.  that they are her illegitimate children; why then are they "presumed" to be her children, surely she would know? Of course she may have been forced, by law, to use this phrase. (I'm rather in favour of this interpretation, but need confirmation)

4. That they are unrelated but through circumstance she has accepted them as hers - orphans perhaps.

A very delicate history here, which is why I would like a legal interpretation of this formal phrase in this very legal document. The church through her witness to the document would certainly not allow any sloppy phrasing.

The descendents of these "presumed" sons would find this a real  barrier to their genealogy.

Cheers

Mal_NZ
Williams, Cardiganshire
Morris, Cardiganshire
Evans, Cardiganshire


Offline pinot

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Re: legal meaning of "reputed"
« Reply #4 on: Monday 16 November 09 23:54 GMT (UK) »
"Reputed" may simply mean "esteemed, well-thought-of" (given as an archaic use in the Shorter Oxford Eng. Dictionary, if I understand); I am attracted by Mal's No. 4 - her male heirs to whom she is not a 'natural' (biological) mother but who are commonly regarded as hers. This distinction between them and the others might in 1810 have been a perfectly watertight legal distinction that would have avoided any quibbles.
                      Pinot

Offline aelf

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Re: legal meaning of "reputed"
« Reply #5 on: Tuesday 17 November 09 12:02 GMT (UK) »
I think Mal's fourth option is the best guess as well.

When it's used in the baptism records of illegitimate children "reputed" implies something a bit stronger than a suspicion about paternity - the father is likely to have accepted responsibility (not necessarily willingly).  He'll certainly be considered to be the father by the rest of the community.

So I should think reputed here means something close to "generally accepted as"
Cannell, Cutting, Lawrence in Norfolk
Gatford anywhere
French in Devon
Kirton in Durham
Donaldson, Hunter, Mckenzie in Clackmannanshire/Stirling
Watson in Renfrewshire

Offline Gary Allison

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Re: legal meaning of "reputed"
« Reply #6 on: Tuesday 07 May 24 13:31 BST (UK) »
Hi.
All the residue of my moveable Goods and Chattells, ready money, Bills, Bonds, stocks and cropps shall be equally divided into three parts by indifferent persons, whereof I give one part unto my said son Daniell Hunt, one other part to my aforesaid two daughters Elizabeth and Mary, and the third part unto my said Wife and Susannah my reputed daughter

The above is an extract from a Will from John Hume of Great Chart. He was a Widow when he married Mary Bishop but I cannot find his first marriage. Could reputed daughter be a reference to his child  from thismarriaghe.

Cheers,

Gary.