Scottish Court of Session Decisions

Thomas Alexander George Forlong of South Erins, in Argyleshire, petitioned the Court to authorise him to assume and bear the name Thomas Alexander George Gordon, and to ordain the petition, with the deliverance thereon, to be recorded in the Books of Sederunt. The petitioner's mother Mrs Craufurd Gordon or Forlong, who died on 17th March 1880, had appointed him her sole residuary legatee, with the special request that he should assume the surname of “Gordon” instead of “Forlong” in remembrance of her. Mr Forlong held no public office, but he stated that he was “possessed of heritable property and other funds and effects acquired by him under the surname of ‘Forlong,’ and titles and other writs were conceived in his favour under that name. He had also been appointed as trustee and executor under various writs, and had been confirmed executor under the name of Forlong. He was also a commissioner of supply for the county of Argyle under the name of ‘Forlong.’ Moreover, that he was married, and had issue of the marriage, the births of his children being all registered under the name of Forlong.” In these circumstances the petitioner was desirous to obtain the sanction and authority of the Court “to carry out the said request by assuming the name of ‘Gordon’ instead of ‘Forlong,’ so that no doubt of the identity of the petitioner or of his family might thereafter arise; and that full effect might be given to titles, trusts, and other writs conceived in his favour under the name Forlong, and to deeds and other writs executed by him or his said family, or any of them, under the surname Gordon; and to acts and votes of the petitioner as a commissioner of supply, trustee, executor, or otherwise.” He stated that such authority had in many cases been given by the Court, and cited two instances in particular—those of Sempill, 30th June 1757, and of Mrs Elizabeth Grant and others, 10th June 1841—where the Court sanctioned a change of name by parties holding no public office. The Court having taken time to consider the petition, it was put out in Single Bills for advising.

At advising—