Chapter 6 : Name Variances

• Library: Standards for Examination of Real Estate Titles in Arkansas (2021 Ed.)

CHAPTER 6: NAME VARIANCES

Standard 6.1 Rule of Idem Sonans

Differently spelled names are presumed to be the same when they sound alike, or when their sounds cannot be distinguished easily, or when common usage by corruption or abbreviation has made their pronunciation identical.⁹⁸

Standard 6.2 Use or Nonuse of Middle Names or Initials

The use in one instrument and nonuse in another of a middle name or initial ordinarily does not create a question of identity affecting title, unless the examiner is otherwise put on inquiry.⁹⁹ However, if initials only are used in place of a first or given name all initials must be correct.

Standard 6.3 Abbreviations

All customary and generally accepted abbre-viations¹⁰⁰ of first and middle names should be recognized as the equivalent thereof.¹⁰¹

Standard 6.4 Recitals of Identity

A recital of identity contained in a conveyance executed by the person whose identity is recited may be relied upon, unless there is some reason to doubt the truth of the recital.¹⁰²

Standard 6.5 Effect of Suffix

Although identity of name raises the presumption of identity of person, the addition of a suffix such as "Jr." or "II" to the name of a subsequent grantor may rebut the presumption of identity with the prior grantee.

Standard 6.6 Variance Between Signature and Name in Body of Instrument

Where the given name or names or the initials used in a grantor's signature on an instrument vary from the grantor's name as it appears in the body of the instrument, but the name as signed is the same as that in whom record title then exists, the signature should be accepted as providing adequate identification.¹⁰³

Standard 6.7 Statement Indicating Identity of Married Woman

If there is a statement in an instrument executed by a married woman indicating her former name, that statement is sufficient evidence to show identity with her former name as grantee in a prior instrument, unless there is some apparent reason to doubt the truth of the statement.

Standard 6.8 Variance in Name of Wife

If the grantees in one instrument of conveyance are "John Smith and Mrs. John Smith" and the grantors in a succeeding instrument in the chain of title are "John Smith and Mary Smith," further evidence should be required to show that Mrs. John Smith is the same person as Mary Smith; likewise, if the grantees were "John Smith and Mary Smith" and the succeeding grantors were "John Smith and Mrs. John Smith." Conveyances should not be prepared using a wife's name as "Mrs...