Peter Alan Weston Stevens - At a loss

[AndreaWil]

Hi,

Having now read the details about applying to the MoD for records it appears that I require a death certificate which I don't have and can't locate in this instance.

I've searched high and low for this but just can not find it.

Is there any way around this that anyone might know?  It's very odd that probate was granted but there is no certificate.

Thanks again,
Andrea

[CaroleW]

You could try using the probate records when you apply to the MoD.  I'm sure they would be acceptable given the circumstances and country etc.  It will be interesting to discover if the whereabouts of his assets are shown and if they yield any clues or whether the probate documents give any more details.

The wording "on or since 3rd Dec 1948" suggests that was when he was last seen alive so I wonder what happened between then and 1951?

[AndreaWil]

The wording "on or since 3rd Dec 1948" suggests that was when he was last seen alive so I wonder what happened between then and 1951?
[/quote]

That's exactly what we are wondering.  It suggests that he was never seen again so there would be no grave etc. I've tried to find archives of Libyan papers etc but no luck so far.  Nothing comes up in an internet search for that month/year but this was in the middle of the British Administration so he must have had some role out there.

It did cross my mind that he was a journalist or something to be all the way over there but there are no records of him ever leaving the country that I can find... it's a real puzzle

[mazi]

Under English law at that time it was  possible to apply to the courts for a presumption of death, normally seven years after a person was last seen alive, but if a person was known to be involved in a natural disaster or a conflict then the period of seven years may not apply.

The wording “on or after the xxxx”, as carol has said, is the phrase used in the court ruling, which makes me wonder if there was a court ruling here, to obtain administration.

In 1948 the Jewish community in Tripolitana  were involved in riots, also the new state of Jerusalem had been declared, not entirely with the British governments approval,
The British were administering Tripolitania then, and also involved in conflict in Jerusalem.

I wonder if there was a connection of some sort, possibly gone to fight for the Jewish state, many thosands did.

Pure speculation, but the date 1948 is significant.

Mike

[Ruskie]

Have amended post Ruskie thought I had put North Africa 

Rosie

That’s fine Rosie. I just wanted to double check in case there was a second Tripoli. 

I agree with the suggestion to go ahead and ask the MOD if they have a record of him using the record of probate as there appears to be no d/c. If they have no record of him at least you know he was not in Tripoli in a military capacity. *

A very interesting thread Andrea. Let us know how you get on.

*I wonder if it is worth starting another thread on the Armed Forces board, in case someone over there can help? If you do that Andrea, provide a link to this thread so any helpers can read up on Peter’s background.

[avm228]

What a fascinating puzzle.

Surely for the treasury to be able to administer the estate they must have had to have him declared dead.  So I wonder if it is worth buying the administration papers. £10 from https://www.gov.uk/search-will-probate

I believe they don’t usually tell you much, but it seems to me in this case they might,

The Treasury Solicitor would not have had to produce a death certificate or equivalent in order to administer his estate: s30 Administration of Estates Act 1925.  An account or particulars of the estate, signed by the Treasury Solicitor, would have sufficed.  I don’t know whether this would survive but I agree this is a rare case in which the admon may be worth ordering.

It is possible that a notice under s27 Trustee Act 1925 would have been placed in the Gazette before the estate was administered. If browsing the Gazette these tend to be in lengthy tables near the back of each issue of the publication.  I don’t know whether their contents are captured by the search function.

[avm228]

Under English law at that time it was  possible to apply to the courts for a presumption of death, normally seven years after a person was last seen alive, but if a person was known to be involved in a natural disaster or a conflict then the period of seven years may not apply.

There is still provision for the High Court to declare presumed death and the requisite period of time elapsed is still 7 years.  I am not aware of any exceptions for natural disaster or conflict.  My grandmother had to wait 7 years for a declaration of my grandfather’s death in a Spitfire crash during WW2 (because the aircraft was last seen diving into the sea, and no physical trace was ever found).

[AndreaWil]

Thanks again all for your very helpful suggestions. 

I have now started what is likely to be a lengthy trawl of the Gazette tables to see if I can find any record there.

I hadn't even considered that he might have gone to support the Jewish so that is definitely another angle to research if at all possible.

I will post on the Armed Forces board too - you never know.

One useful thing is that I have now found out where his mother is buried.  She is in Queen's Road Cemetery, Croydon.  I have the plot number now so I will go there but I've read a few other posts on this forum about this particular site so I'm prepared for grass / no headstone.  You never know though.

I will keep you all updated 

[avm228]

Have you considered telephoning the cemetery administration office to inquire whether anyone relevant is buried with or near Henrietta?