Declaratory Judgement, Vincenzo = James

Over 25 million Italians have emigrated between 1861 and 1960 with a migration boom between 1871 and 1915 when over 13,5 million emigrants left the country for European and overseas destinations.
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Joined: 02 Nov 2013, 19:56

Declaratory Judgement, Vincenzo = James

Post by ttiballi » 02 Nov 2013, 20:15

Hi guys,

I'm applying GGF - GF - F- me and I've got an appointment in Philadelphia on February 25. I have acquired all of my records EXCEPT for my GGF's birth certificate from Italy, and my GGM's birth certificate from Italy (not in the direct line but getting it for good measure).

I have a few persistent discrepancies that show up throughout the chronological order of the documents I've gotten. My great-grandfather used "Vincenzo Francesco Antonio" for his name on all his naturalization papers, and used "Vincenzo" on my grandfather's birth certificate. He used "James" on everything else. Here is a timeline:

James - Marriage License - 4/27/1915
Vincenzo Francesco Antonio - Declaration of Intention - 4/16/1923
Vincenzo - Son's Birth Certificate - 7/20/1926
Vincenzo Francesco Antonio - Petition for Naturalization - 7/29/1926
Vincenzo Francesco Antonio - Oath of Allegiance - 2/7/1927

James F. - Son's Marriage License - 9/6/1952
James - Death Certificate - 12/20/1955
James - Son's Death Certificate - 4/30/1995

I've contacted the County Clerk's offices where the "James" documents were issued, but they cannot amend them. The NYS Department of Health says that I will only be able to amend the "James" death certificate, and only if I provide a birth certificate that reads "Vincenzo." They suggested that I pursue a court order, but did not seem very clear on how to proceed and if there were any alternatives, I was basically brushed off with "contact an attorney."

Obviously, I'd like to do this as a last resort. I have a postgraduate degree in Archives and Records Management so I'm hoping to get as much of this done myself as possible before incurring hefty legal fees. The other discrepancies I've found are as follows:

1.) The typewriter that filled out my Grandfather's death certificate mis-spelled my last name, "Tiballi" as "TABALLI." The "I" has been typed over the "A", and both are visible within the designated field. Is this a major problem? They also made a slight error with his mother's name (Del Papa), leaving out the space and spelling it "DelPapa." Is this a big issue?

2.) My grandfather's 1972 Leave to Assume another name refers to "his present name Vincenzo RICHARD Tiballi," though he was born and listed on his BC as "Vincenzo Tiballi." His first documented use of "Richard" as a middle name occurred in his 1952 Marriage License. I've been told that this affidavit would correct his records retroactively. Does the fact that his "present name" is said to be "Vincenzo RICHARD Tiballi" on a certified document also retroactively authenticate Richard as his middle name on documents issued before 1972, even though its not on his1926 BC?

3.) My Great-grandfather's marriage license has his name (Vincenzo) listed as "James." It also has his father in-law's name (Vincenzo) listed as James. If I have to get a court order to prove that Vincenzo=James for my Great-grandfather, do I also need to have the court approve that his father in-law Vincenzo is also "James"? I have yet to see what this man's name is listed as on his daughter's, my Great-grandmother's, BC.

4.) My great-grandfather's marriage license only lists the last name of the mother of the bride, "Donata Del Carlo," rather than her full name "Maria Donata Del Carlo." Everyone else is both first and last name. Is this an issue? Again, I have yet to corroborate this name information with my Great-grandfather's BC.

5.) On my great-grandfather's declaration of intention, my great-grandmother's place of birth (Carunchio) is mispelled as "Carsmihia." How big of an issue is this?

6.) On my great-grandfather's petition for naturalization, Carunchio is again mispelled, this time as "Carenihia."

7.) My great-grandfather's death certificate, his wife (Concetta Del Papa) is mispelled as "Corcetta Del Pappa. Is this bad enough to warrant a "one-and-the-same" declaration? Also on this document, his birthplace is listed as the region capital (Rome, Lazio) rather than his comune, listed in all of his Naturalization papers as "Ponti Scandriglia", a comune within Lazio.

All of these documents were issued in New York State. The things I'd like to prove are the following:

1.) Vincenzo Francesco Antonio = James
2.) (Place of birth in most records) Ponti Scandriglia = Rome, Italy (as stated in death cert. only)
3.) Concetta Del Papa = Corcetta Del Pappa (as mispelled in GGF's death cert) = Concetta Delpapa. Do I need to worry about this as I am not applying through her, though?
4.) James Del Papa (as listed as father of bride in 1915 marriage license) = Vincenzo Del Papa (his actual name). Do I need to worry about this either as it is through my GGM's line, and not GGF?

I'm hoping to consolidate these requests as much as I can, and to piggy-back them on the same petition if possible. I just don't know which is best. A declaratory judgement? How is it different than a court order? What would work the best? Thanks for reading this far if you've made it, I'm sure someone out there knows better than I do

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Joined: 04 Sep 2013, 15:26

Re: Declaratory Judgement, Vincenzo = James

Post by lpb7272 » 15 Jan 2014, 20:22

Hi, Not sure that you want to pursue this approach, but I too had James/Vincenzo anomalies on my documents. My GGF Vincenzo (birth, marriage and death) but listed as James on GF's NYC marriage certificate dated 1908. Originally, in tele call I was told that archival copies not amended, however, went in person to 141 Worth Street (marriage bureau) with their online form to amend a marriage certificate and original birth/death certificates for everyone in the line (in case they challenged my standing). The clerk was amused that we asked for the change, but once we mentioned Italy, she laughed and issued me an amended marriage certificate with my GGF now listed as Vincenzo and not James. Total cost was only $10. If you are in NYC vicinity, maybe this can help you.

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