S.W.S.
March 12. 1850.
CHANGE OF NAME.
"B." inquires (No. 16. p. 246.) what is the use of the royal license for the change of a surname? He is referred to Mr. Markland's paper "On the Antiquity and Introduction of Surnames into England" (Archæologia, xviii. p. 111.). Mr. Markland says,—
"Sir Joseph Jekyll, when Master of the Rolls, in the year 1730, remarks—'I am satisfied the usage of passing Acts of Parliament for the taking upon one a surname is but modern; and that any one may take upon him what surname, and as many surnames, as he pleases, without an Act of Parliament.' The decree in the above case was reversed in the House of Lords."
Mr. Markland adds,—
"From the facts and deductions here stated, it would seem that the Master of the Rolls had good ground for making his decree. The law, as it stands, however, had grown out of the practice: and common prudence dictates, that the assumption of a new surname should now be accompanied by such an authority as may establish beyond all question the legality of the act."
It must also be remembered, that a testator often directs that a devisee shall procure the royal license or an Act of Parliament for the change of name, in order to entitle him to the testator's property. If this direction be neglected, could not the party next benefited sue for it on that ground, and with success?
S.D.D.