Barlow v Bateman
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1730 |
| Date | 01 January 1730 |
| Court | High Court of Chancery |
English Reports Citation: 24 E.R. 971
SIR JOSEPH JEKYLL, MASTER OF THE ROLLS.
3 P. WMS. 65. BARLOW V. BATEMAN [65] Case 16.-barlow v. bateman. [1730.] Sir Joseph Jekyll, Master of the Rolls. Devise of a legacy to a feme on condition she marry a man of the name of Barlow. A. takes upon him the name of Barlow, and the feme marries him ; this is a performance of the condition, and equity will not decree the husband to retain that name. Mr. Barlow, of Wales, gave an additional legacy of £1000 to his daughter, upon condition that she married a man who bore the name and arms of Barlow; and in case the daughter married one who should not bear the name and arms of Barlow, then the testator devised the £1000 to the plaintifi.(l) The daughter married the defendant, whose name was Bateman ; but about three weeks before the marriage he called himself Barlow; and it was said, that it was usual to have an act of Parliament to take a new name, which had not been done in the principal case. Besides, it was the intention of the testator, that the person who should marry his daughter, and be entitled to this additional legacy, should be one of his family, and have originally borne that name; whereas the defendant was of a family much inferior, and would, in all probability, as soon as he should have received the legacy, takfee again his true name of Bateman ; wherefore'the plaintiff claimed the £1000. Master of the Rolls. The plaintiff would entitle himself to this legacy as a devise over, on a supposition that the daughter has forfeited it: but I am of opinion, that the condition is complied with, by the defendant's taking the name of Barlow. Surnames are not of very great antiquity; for in ancient times the appellations of persons were by their Christian names, and the places of their habitation ; as Thomas of Dale, viz. the place where he lived. 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. (So Doe v. Yates, 5 B. & A...
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