In Re Ross

[609]

LANGDON, J.

Petitioner filed a petition for change of personal name, under the provisions of section 1275 et seq. of the Code of Civil Procedure, in the Superior Court of Los Angeles County. The application stated that petitioner’s name was Keith Macaulay Ross; that he was a stage and motion picture actor and for some fifteen years had used the.professional name of Ian Keith; that the name of Ian Keith has great professional and sentimental value to him; that he is universally known by that name; and that he desired such name to be his true name, of record. A hearing was had in accordance with the statute at which proof was made of publication of the required order to show cause. No one appeared in opposition to the petition, but the court examined petitioner and found the above matters to be true. The court further found, however, that petitioner had been adjudicated a bankrupt in proceedings in New York, that his debts had been discharged, and that he had not subsequently paid such debts. The court thereupon denied the petition, and this appeal was brought by petitioner.

The common law recognizes the right to change one’s personal name without the necessity of legal proceedings, and the purpose of the statutory procedure is simply to have, wherever possible, a record of the change.

(Ray

v.

American Photo Player Co.,

46 Cal. App. 311 [189 Pac. 130];

Smith

v.

United States Casualty Co.,

197 N. Y. 420 [90 N. E. 947, 18 Ann. Cas. 701, 26 L. R. A. (N. S.) 1167].) Hence Mr. Ross may, regardless, of the present petition, use the name of Keith if he desires. And in keeping with the object of the statute, a court to which he applies should normally make its decree recording such change of name. The statute provides in this connection: “On the hearing, the court may examine on oath any of the petitioners, remonstrants, or other persons, touching the application, and may make an order changing the name, or dismissing the application, as to the court may seem right and proper.” (Code Civ. Proc., sec. 1278.) This provision permits the court in the exercise of its discretion to deny the application, but if such discretion is abused, it is of course subject to correction on appeal.