Missouri Revised Statutes 1.010 provides:
1.010. 1. The common law of England and all statutes and acts of parliament made prior to the fourth year of the reign of James the First, of a general nature, which are not local to that kingdom and not repugnant to or inconsistent with the Constitution of the United States, the constitution of this state, or the statute laws in force for the time being, are the rule of action and decision in this state, any custom or usage to the contrary notwithstanding, but no act of the general assembly or law of this state shall be held to be invalid, or limited in its scope or effect by the courts of this state, for the reason that it is in derogation of, or in conflict with, the common law, or with such statutes or acts of parliament; but all acts of the general assembly, or laws, shall be liberally construed, so as to effectuate the true intent and meaning thereof.
Matter of Natale, 527 SW 2d 402 - Mo: Court of Appeals 1975 states:
The law of England adopted by Section 1.010, supra, recognized the right to change name by the nonfraudulent use of another. The right was never limited to males; indeed, it was through this common law method that a woman changed her surname to that of her husband after marriage. Cowley v. Cowley, (1901) A.C. 450, 460; 19 Halsbury, Laws of England (3d ed.), p. 829; 32 Md.L.Rev. 409 (1972); Lamber, A Married Woman's Surname: Is Custom Law?, 1973 Wash.U.L.Q. 779. As Section 1.010, supra, does not purport to prohibit married females from exercising their common law rights, married women in Missouri are free to adopt another name by the common law method if this right has not been invalidated by constitutional or statutory mandate. This court is unaware of any constitutional or statutory provision which abrogates the English common law right to change names through usage, Section 417.200 (RSMo 1969, V.A.M.S.) notwithstanding.
Hosmer v. Hosmer, 611 SW 2d 32 - Mo: Court of Appeals, Southern Dist., 1st Div. 1980 states:
"[A] person's name is the designation given to the individual by himself or herself and others and ... an individual may change his or her name." In the Matter of Natale, 527 S.W.2d 402, 404 (Mo.App.1975). In that case the court pointed out that § 527.270, dealing with the procedure for change of name, does not abrogate and merely supplements the common law method of change of name.
Under the common law a person is free to adopt any name if it is not done for a fraudulent purpose or in infringement upon the rights of others. In re Strikwerda, 216 Va. 470, 220 S.E.2d 245, 246 (1975). In Manor Homes, Inc. v. Sava, 73 Misc.2d 660, 342 N.Y.S.2d 291 (1973) the court 38*38 pointed out that under the common law one may use any name in the absence of fraud and the right to do so continues despite the enactment of a statutory procedure for a change of name.
"The common law, in the absence of fraud or other like evasion of obligations, permits the free use of any name a person may choose. The proudest patronymic in the land is available to the lowliest individual, and this without anyone's permission." Application of Green, 54 Misc.2d 606, 283 N.Y.S.2d 242, 244 (1967). "A person may adopt what name he pleases." Ingram v. Watson, 211 Ala. 410, 100 So. 557, 559 (1924). "In the absence of a statute to the contrary, a person may ordinarily change his name at will, without any legal proceedings, merely by adopting another name." 57 Am.Jur.2d Name § 10, p. 282.