Author Topic: Legal age to be witness-- Complete  (Read 920 times)

Offline Branching out

  • RootsChat Veteran
  • *****
  • Posts: 681
  • Census information Crown Copyright, from www.nationalarchives.gov.uk
    • View Profile
Legal age to be witness-- Complete
« on: Monday 11 June 12 01:23 BST (UK) »
I have received a couple certificates and need some advise. The witness or person in attendance of a death, do they have to be of legal age. The death took place in 1865 and the person present at the time of death could be a brother of similar age (75) or a grandson of 16. Which do you think it might be? They both had the same name.

Thanks
Rodney

Offline Redroger

  • RootsChat Marquessate
  • *******
  • Posts: 12,680
  • Dad and Fireman at Kings Cross 13.7.1951
    • View Profile
Re: Legal age to be witness
« Reply #1 on: Monday 11 June 12 11:59 BST (UK) »
So far as I am aware there was no legal minimum age to be a witness, I have seen family marriage records where the witness is known to be around 12-14 years old. In the case of death certificates, thinking about the circumstances it is not possible to stipulate a legal minimum age, as it is quite likely in the case of accident or sudden death that the only person present at the time is a minor. Having said all that I think in your circumstances it is more likely to have been the brother.
Ayres Brignell Cornwell Harvey Shipp  Stimpson Stubbings (all Cambs) Baumber Baxter Burton Ethards Proctor Stanton (all Lincs) Luffman (all counties)

Offline Rena

  • RootsChat Marquessate
  • *******
  • Posts: 4,929
  • Crown Copyright: www.nationalarchives.gov.uk
    • View Profile
Re: Legal age to be witness
« Reply #2 on: Monday 11 June 12 12:24 BST (UK) »
Back in the 1870s my grandfather then aged 15 signed as "witness present at the time of death" when his 12 year old younger brother died.
Aberdeen: Findlay-Shirras,McCarthy: MidLothian: Mason,Telford,Darling,Cruikshanks,Bennett,Sime, Bell: Lanarks:Crum, Brown, MacKenzie,Cameron, Glen, Millar; Ross: Urray:Mackenzie:  Moray: Findlay; Marshall/Marischell: Perthshire: Brown Ferguson: Wales: McCarthy, Thomas: England: Almond, Askin, Dodson, Well(es). Harrison, Maw, McCarthy, Munford, Pye, Shearing, Smith, Smythe, Speight, Strike, Wallis/Wallace, Ward, Wells;Germany: Flamme,Ehlers, Bielstein, Germer, Mohlm, Reupke

Offline Branching out

  • RootsChat Veteran
  • *****
  • Posts: 681
  • Census information Crown Copyright, from www.nationalarchives.gov.uk
    • View Profile
Re: Legal age to be witness
« Reply #3 on: Monday 11 June 12 14:56 BST (UK) »
Thanks for the reply everyone! There is more to this inquiry as I have not been able to find either person (in this case name of witness was William ) prior to the death.
I may post another inquiry to follow up on this.
Thanks
Rodney