In researching the family of Milson Yemm aka Bosley I found that his wife, Esther Yemn, should be Yemm, married a second time after he was transported to Australia. Her condition was listed as widow, allow Milson was still alive in Australia. My question is, was it common practice to treat these women as widows and allow them to remarry in the church, or was this a special case? Any comments are welcome, thank you.
Dewey

This is the current ruling re: having someone presumed dead.

www.diyspy.co.uk/WhenIsAMissingPersonPresumedDead.html

I was interested in your post as we have connections to the Yemm family.
Richard Yemm married Jane Phelps, children Arthur born abt 1857. Robert abt 1858 and Ann born abt 1860. There may have been more children.
The there is a Sarah Ann Yemm born abt 1860 who married a John Brain 1855.
Could you tell me if your "convict Yemm" is related to any of the above? Regards Jean Herbert

Jean
I am not aware of any connection to Richard Yemm.
Sarah Ann Yemm who married John Brain would be a first cousin once removed of the Milson that I mentioned in the post. On my first visit to England and the FOD I had the rare privelege of having Sarah Ann's daughter, Clara Hale as a guide. A wonderful lady. If you want more details contact me off line.
Dewey

I don't know about "treated as dead" simply because he was a convict but at soldier William Yeme's trial for theft/desertion in 1828 the Australian High Court rejected his argument that because the witnesses against him were convicts (and therefore had no legal standing)they could not give evidence against him, on the basis that to allow such an argument would preclude half the population of Australia from giving evidence in Court..!!! He was duly hanged but the case does show that Australian courts took a different view to the English ones on the subject.