ractice now quite common, and one which bids fair to create
much confusion, is that which permits the wife to take the Christian
name of her husband: for instance, Mrs. Mary, wife of John Smith, signs
her name Mrs. John Smith, a name which has no legal existence, which she
is entitled to use only by courtesy, and which should be allowed in
none but necessary cases to distinguish her from some other bearing the
same name, or to address her when her own Christian name is not known.
Mrs. is but a general title to designate the class of persons to which
she belongs, and not a name, any more than Mr. or Esq. Who ever knew a
man to sign his name Mr. so and so, or so and so, Esq.?
To show the absurdity and impropriety of this misuse of the name it will
be needful to mention but a single illustration. Suppose a note or check
is made payable to Mrs. John Smith. Mrs. being only a title, and no part
of the name, the endorsement would be plain John Smith, and nobody, not
even his wife, has any right to forge his signature. An instrument thus
drawn is a mistake, since no one can be authorized to execute it.
The trouble to the genealogist and historian is of a somewhat different
nature, since he merely desires to identify the individual and cares
nothing about the money value of the document. Much the safer and better
way is for the wife always to sign and use her proper name and to add,
if she thinks it necessary to be more explicit, "wife of," using her
husband's name. By doing this a vast deal of perplexity would be
avoided, and sometimes a serious legal difficulty.
Another custom, as common, and quite a favorite one with many married
ladies, is that which changes her middle name by substituting her maiden
surname; for example, Mary Jane Smith marries James Gray, and
immediately her name is assumed to be Mary Smith Gray, instead of Mary
Jane Gray, her legal name. The wife, if she so chooses, has the right by
general consent, if not by law, to retain her full name, adding her
husband's surname; but she has no right to use her own maiden surname in
place of her discarded middle name. Much confusion might arise from this
practice, as the following illustration will show. Mary Jane Gray
receives a check payable to her order, and she, being in the habit of
signing her name Mary Smith Gray, thus endorses it, and forwards it by
mail or otherwise for collection, and is surprised when it comes back to
her to be properly executed.
Ag
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