Was my grandfather’s name change legal?

QMy paternal grandfather was James William Nicholson. He was born William James Scott in 1878 in Gateshead to John Scott and Isabella (née Buck), who I can’t find a marriage for. Isabella died in 1881, and John set up home with Ann Summersides (again no marriage). In the 1891 census, John, Ann and the children used the surname Nicholson (John’s mother’s maiden name). Was this legal?

Susan Sharp

AJohn and Isabella’s missing marriage looks to be a case of her being a widow. Isabella Buck married William Hutchinson in Hexham in 1872. He died in 1873 and Isabella Hutchinson then married John Scott (Oct–Dec 1874, Hexham, vol. 10b, p532).

You could research whether it was a similar story when John got together with Ann Summersides, but it is possible they did not wed. You should check whether Ann was already married, and that Isabella definitely did die in 1881.

As for the name change, John seems to have been attached to Nicholson. He gave it as a middle name to many of his children, and used it himself. He appears as John N Scott in the 1881 census, for example.

Generally a person is free to use whatever name they choose. Changes can be made public, sometimes through a newspaper announcement, or more officially by the use of a deed poll document. However, registering such documents with the courts was an option that meant further cost. As Nicholson was a family name, it is unlikely John would feel the need to formally record his choice to use it. Civil registration is recorded in the name a person “uses or is known by”, and his decision has no legal implications for any of his descendants.

The National Archives has a very useful research guide: bit.ly/tna-name-change. Antony Marr