ANSTRUTHER, Susan Margaret, Lady (d.2025)

[dpth...@gmail.com]

Susan Margaret, Lady Anstruther, died at home, aged 94, on 9 May 2025. The Funeral will be held at the Church at Barlavington on 7 June at 11 a.m.

Source: The Telegraph, 22 May 2025

Susan Margaret Paten married firstly John Maley Walker, and then married in 1963, as his second wife, Sir Ian Fife Campbell Anstruther, 8th & 13th Bt., who died in 2007. Her son with Sir Ian, Sebastian, succeeded to the title under Scots law though he was born in 1962 when Sir Ian was still married to his first wife.

Sir Ian was called "8th & 13th" Bt. because the Baronetcy of which he was the eight holder is actually older than that of which he was the 13th holder.

I usually try not to preempt Richard's postings, but I post this because I have a question about this Scots law.

I can easily understand why Scots law considers persons as legitimate if their parents marry after they were born, but in this case the parents could not have legally married at the time the son was born because Sir Ian was still married to his first wife.

Is it really the case that Scots law holds that a subsequent marriage legitimizes such children even if they were born when the parents could not have legally married?

[dpth...@gmail.com]

It's interesting that the 1694 Baronetcy had only seven holders in the period from 1694 to 2002.

1st Bt. 1694-1737

2nd Bt. 1737-1763

3rd Bt. 1763-1818

4th Bt. 1818-1863

5th Bt. 1863-1886

6th Bt. 1886-1934

7th Bt. 1934-2002 (and succeeded as 12th Bt. of the 1700 creation in 1980.

[colinp]

Scots law provided that a natural child would be legitimated by the subsequent marriage of his parents provided they were free to marry at the time of the birth thus excluding "adulterine bastards".  This was changed by the Legitimation (Scotland) Act 1968 so that "adulterine bastards" would also be legitimated on the subsequent marriage of their parents and such legitimation allows succession to titles, honours and dignities (s.8(4)).  

[dpth...@gmail.com]

thanks for that explanation!