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Sat 11 Jun, 2011 03:54 pm
If the male child of an Earl had been kidnapped and not seen or heard from in approximately 18 years, how would he go about proving who he was in order to recover his inheritance? While he's been missing, his father has died, and the Earldom has been transferred to his uncle.
I have researched Primogeniture in England, as well as the Statute of Wills, but neither answers the question of recovering an inheritance. Any help would be greatly appreciated.
@pennya,
Quote:how would he go about proving who he was in order to recover his inheritance?
Contact a lawyer in the jurisdiction that specializes in inheritance laws and go from there.
@Butrflynet,
Thank you for your reply. Looking over my question I see that I neglected to state that this situation would be in 1810, not current. How would I go about contacting an attorney specializing in inheritance laws from back then?
@pennya,
Your best bet is to call a large city's public library system and see if they have a history specific librarian or a law library specific librarian.
Even if they can't get you the answer, they can start you towards the right direction. Probably some archives of the published laws and precedents somewhere.
@pennya,
pennya wrote:
If the male child of an Earl had been kidnapped and not seen or heard from in approximately 18 years, how would he go about proving who he was in order to recover his inheritance?
Strawberry birthmark on his left arm.
@joefromchicago,
Thanks, Joe, but I think it's been done already LOL!
@tsarstepan,
I guess you're right, tsarstepan. I just hate doing the research on the phone.
@pennya,
Well, to be serious for a second, I don't think inheritance laws cover this kind of situation. Those laws, after all, tell us who inherits property, not who gets dispossessed of that property.
Without doing a lot of research, my guess is that someone in the position of your kidnapped earl would attempt to get his rightful inheritance from his uncle by means of an action in
ejectment or an
assize of novel disseisin.
@joefromchicago,
Thank you so much, Joe, for your suggestions! Now I can begin to research this from a starting point, at least! I was stumped as to where to look. Much appreciated!
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