Notes and Queries, Number 21, March 23, 1850 by Various
page 37 of 69 (53%)
page 37 of 69 (53%)
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"An Act of Parliament, giving a new name, does not take away the former name: a legacy given by that name might be taken. In most of the Acts of Parliament for this purpose there is a special proviso to prevent the loss of the former name. The King's licence is nothing more than permission to take the name, and does not give it. A name, therefore, taken in that way is by voluntary assumption." (15 Ves. Jun., p. 100.) This case decided that the assumption of a name by a person, by the King's license, would not entitle him to take under a limitation in a will "unto the first and nearest of my kindred, being male, and of my name and blood." The same rule would no doubt hold as to a change of name by Act of Parliament. (See Pyot _v._ Pyot, 1 _Ves. Sen._ 335.) These extracts from the highest authorities will sufficiently show of how little use is an Act of Parliament, or the royal license, for effecting a change of name; indeed, the chief, perhaps I might almost say the only, advantage of these costly forms, except, of course, where they are required by the express terms of a will, is the facility they afford in case it should become necessary to prove that John White was ten years ago John Brown. Arun. * * * * * QUERIES ANSWERED, NO. 6. There is no class of books which it more behoves future compilers |
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