Quote Originally Posted by WVHighlander View Post
The other issue is cadet matriculation. I am the second son of my father, my father is the second son, and I am sure there are more in there between him and me. The additional hang up I have is essentially both of those knuckle heads (father and brother) would be eligible for the CoA. Which goes to the back and forth thought between registration in the states or have it matriculated.
In your situation the Lyon will devise arms representing the colonial ancestor, and then matriculate them down to the petitioner. So, assuming for a minute that you have the same last name as your colonial ancestor, and can provide the necessary proofs of marriage and birth, here's what happens:

For the sake of discussion let's say the arms devised by Lyon to represent your ancestor are: argent a chevron gules within a bordure sable. Based on these arms he may determine that those that might be devised for your grandfather (as an indeterminate cadet of the original ancestor) would be: argent a chevron gules within a bordure nebuly sable. From this he might deduce that the appropriate cadency for the second son (your father) would be: argent a chevron gules within a bordure nebuly per pale sable and or. Having reached this point Lyon might be prepared to grant those arms to you.

As far as your father and uncle are concerned, unless they petition for arms, they have no entitlement to a portion of the matriculation of the original ancestor, nor do their other children. Were it I, I would have my grandfather (if living) petition arms and then seek matriculation based on his grant. Failing that I would have the petition go forward in my father's name.

Substantive arms -- those backed by the authority of a sovereign state -- are always preferable to self-assumed arms, no matter what private body has recorded them.