PMarione
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 Posted: Tue Mar 16, 2010 12:04 am Post subject: the marriage of Lieutenant Duins, RN |
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from O'Byrne :
| Quote: | GEORGE PARLEY DUINS (LIEUTENANT, 1828)
He died 26 Sept. 1845.
This officer entered the Navy 4 March, 1808; passed his examination in 1821; and was promoted to a Lieutenancy, 19 Jan. 1828, in the UNDAUNTED 46, Capt. Augustus Wm. Jas. Clifford, employed on
a particular service.
His next appointments were -3 April, 1829, to the KENT 78, Captn. John Ferris Devonshire and Sam. Pym, on the Mediterranean station - 17 April, 1832, to the Coast Guard, in which he served for about two years - and subsequently, for a brief period, to the BRITANNIA 120.
He married, in May, 1836, Anne Mortimer, eldest daughter of the late Rev. J. Amyatt Chaundy, of Charlinch, near Bridgewater. AGENTS - Pettet and
Newton. |
Reports of Cases Argued and Determined in the Ecclesiastical Courts at Doctors' Commons by John Haggard, Great Britain High Court of Delegates (1832)
| Quote: | CONSISTORY COURT OF LONDON
DUINS v. DONOVAN, OTHERWISE DUINS.
On Admission of the Libel
This was a cause of nullity of marriage, by reason of minority, promoted by the man. A libel, on his behalf, with five exhibits was offered to the Court: it pleaded:-
1. The 26th Geo. 2. c. 33. s. 11.
2. The 3rd Geo. 4. c. 75, whereby so much of the 26th Geo. 2. c. 33, (recited in the first article) as related to any marriage to be thereafter solemnized, is repealed. It then set forth the 2nd section as to marriages by licence before the passing of the act - 3 Geo. 4.
3. The 4th Geo. 4. c. 76. s. 1.
4. That George Parlby Duins was, and is, the natural and lawful son of Robert (now dead) by Ann his lawful wife, born in Stoke Damerel parish, Devon, on 16th July, 1795: "that he was at and about that time baptized at Stoke Damerel, but not according to the form of baptism of the Church of England as by law established, by reason that his parents were dissenters;" that on 4th of December, 1820, he was lawfully baptized and registered.
5. Exhibited a copy of the entry of baptism in Stoke Damerel Church, " and that George Parlby Duins therein mentioned and 'said to be born 16th July, 1795,'" is the minor aforesaid.
6. On 1st July, 1813, a marriage de facto between G. P. Duins and Mary Donovan in the parish-church of Portsea, Southampton, by virtue of a licence in which Duins was described as a bachelor, aged 21 years and upwards; that at that time he was a minor and that the marriage was had without the knowledge or consent of his father.
7. Exhibited a copy of the original affidavit, (signed G. P. Duins) upon which the licence was granted.
8. A Copy of the entry of marriage. Identity.
9. That Robert Duins, the father, was previous to, and at the time of the marriage, totally unacquainted with Mary Donovan and her family, and was entirely ignorant of the marriage until some time after it had taken place; that upon hearing of it he was greatly displeased thereat, and expressed the greatest surprise and regret that it had taken place.
10. That on 4th September, 1813, he wrote a letter to his daughter, Mrs. Ann Bedford, and, therein alluding to the said marriage of his son, expressed his great displeasure and concern thereat, and his disapprobation of the same, and of the conduct of the mother of Mary Donovan in relation thereto.
11. Exhibited the letter.
12. That about 12 months after the pretended marriage, G.P. Duins and Mary Donovan finally discontinued to live and cohabit together as husband and wife; that Duins went to reside with his father in London and Mary Donovan in Ireland: that Duins continued to reside generally with his father until his death (which took place in 1810) and afterwards at Stoke Damerel and other places: that since they discontinued their cohabitation together as aforesaid, the residence of Mary Donovan hath at times, for several years together, been wholly unknown to G.P. Duins, nor hath he from such
time at all contributed, or been called upon to contribute, to her support and maintenance; and that they have never since they separated as aforesaid lived or cohabited together, or owned or acknowledged each other as husband and wife, and that they did not discontinue their
cohabitation aforesaid, merely for the purpose or during the pending of any proceedings touching the validity of their said pretended marriage.
13. That on 3rd of August, 1818, the said Mary Donovan, intermarried in fact with R.K.L. by and under the name and description of Maria Montague, widow; that the said marriage was solemnized in the parish-church of St.
George, Middlesex, by virtue of banns.
14. Exhibited a copy of the entry of the marriage; and pleaded the identity.
15, 16, and 17, were formal articles, pleading jurisdiction, &c.; and praying a sentence of nullity.
The King's Advocate and Haggard in objection to the libel.
The exhibit, annexed to the 5th article, is no evidence of the time of birth. In the 10th article, a letter from the father in respect to this marriage is pleaded; it is dated more than two months after the marriage, and may have been written with a view to a suit of nullity. The 13th article sets forth a second marriage; but the citation is for the party to answer in a suit of nullity by reason of minority.
Phillimore and Addams, contra.
The certificate is introduced merely to account for the previous non-baptism of the party: if it had not been exhibited, the Court might have supposed there had been some suppression. We admit that the entry of the time of birth is no proof of the fact; but we cannot expunge the insertion: it is not pleaded as evidence of minority. The letter of the father shows his disapprobation and surprise; and is admissible in supply of proof. The marriage pleaded in the 13th article plainly shows that the parties were not living together as husband and wife.
JUDGEMENT. DR. LUSHINGTON
This is a suit brought by George Parlby Duins against Mary Donovan, calling herself Duins, for the purpose of having the marriage, which took place in the year 1813, declared null and void. It is true that a very considerable time has elapsed between the period at which this marriage was contracted, and the institution of the present suit: but suits of a similar description have been brought after the lapse of at least as long a period. |
from http://members.multimania.co.uk/Chaundy/devon.html |
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