Kruzel v. Podell

226 N.W.2d 458 (1975)

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Nature of the Case

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Facts

Kathleen Harney (P) married Joseph Michael Kruzel on July 31, 1971. P was employed by the Milwaukee school system under Harney and exhibited works of art under the name Harney. She at all times used the name Harney and not Kruzel. The school board insisted, for group insurance purposes, that P either use her husband's surname or 'legally' change her surname to Harney. P petitioned for an order 'changing' her surname from Kruzel to Harney. It was shown that at no time had P ever used the name, Kruzel. The only time she had used Kruzel as her surname was in the petition for the instant proceeding, and then only for the purpose of 'changing' that name to Harney. The trial judge stated from 57 Am. Jur. 2d, Name, p. 281, sec. 9: 'It is well settled by common-law principles and immemorial custom that a woman upon marriage abandons her maiden name and assumes the husband's surname.' The trial judge reasoned that since sec. 247.20, Stats., permits a woman, upon divorce, under some circumstances, to 'resume' her maiden name, that 'a woman upon marriage assumes the surname of the husband . . . .' The court concluded that, upon marriage, P's surname was changed to that of her husband, and the petition for change of name back to Harney was denied. P appealed.