A Question for Lawyers and Cops

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Loyal

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I am going crazy right now trying to figure out bizarre behavior of a relative from 106 years ago. His name was Eugene and he purposefully misspelled his last name with two extra letters before he married a woman and served in World War One. He was a literate guy and had a 10th grade education when many people dropped from school by 8th grade to get a job.

His father, my great uncle, was a constable and ran the county jail for years. In fact, Eugene was born in a apartment above the jail in 1893 And his mother used to cook meals for inmates and so he and the rest of the family had contact with those awaiting trial. His father was always in the newspapers for being involved with arrests and prisoner transportation from the jail to the court house. Point being, Eugene saw his fathers name in newsprint so often that I can’t believe he didn’t know how to spell it. On his draft registration card, he signed it that way and so it was no mistake. What scam was he running?

He married Mabel, using the incorrectly spelled name and the three kids that they had together over their 5 year marriage all had this incorrect name. She was pregnant with his first child when they got married and she was born when he was away getting trained at Ft Cody near Demming, NM for WW1. After returning from France, there was a post war depression and so that couldn’t have been easy. He deserted Mabel and the kids and moved to Oakland, CA. She was granted a divorce back in South Dakota and two of the kids were adopted out. Meanwhile, Eugene’s last name is back to the correct spelling in California and he married a gal and had several kids with her and was considered a great grandpa. His 2nd wife must have known about the first marriag, but their kids and grand kids never knew until we discovered it (Gene’s granddaughter and myself) through dna matching.

Did he think that contracts were invalid if his name was misspelled? What really gets me is that incorrect signature. NO ONE misspells a signature by accident.
 

CGI_Ram

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Interesting story there @Loyal

Weird.

Was he simply trying to distance himself from family for some reason?

The challenges of those days were different than ours. So, to ponder this riddle we need to think about “their times” and what was going on then.

Hmm.
 

Raptorman

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Was his name the same as his Dad's? Because sometimes people would make a small change to signify that it was a different person than who most people knew. Just thought. It doesn't sound like he was trying to scam anyone.
 

ozarkram

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Cant say why he would have tweaked the name. But I do know it was quite easy back then to simply change your name and walk away. Having had a great,great uncle that did just that.

Changing his last name and walking away from his then family (wife, children and extended). Moving to Texas under his new name starting a new family and as I understand becoming quite prosperous. (found out thru family researchers)

Why? Well knowing that side of the family as I do. He could have been anything from a horse thief to a full blown outlaw or he could have just said F this. Would have been a great time to be alive.
 

Loyal

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Was his name the same as his Dad's? Because sometimes people would make a small change to signify that it was a different person than who most people knew. Just thought. It doesn't sound like he was trying to scam anyone.
He shared the same surname, but not first names. There is one interesting thought about your idea, however. His father had a drinking problem during the lead up to prohibition in the 1890's in Nebraska (the hometown). Yet in 1912 Dad was having "mental" problem, which digging into records was revealed to be due to inebriation. His Dad was home-ridden but disappeared and reappeared at his brother's hospital bedside in Omaha to the surprise of everyone. One thing I haven't mentioned is that Eugene's father lost an arm in a railroad accident in the early 1880's and now his brother, my 2 greats grandfather, was about to lose his shattered leg that wouldn't heal (fell from a 3rd story hotel room window). Anyway, his father's 2nd wife went to court saying that he couldn't be controlled anymore and the court declared him insane, to be committed to an Insane Asylum. in Lincoln. He was committed for the rest of his life to the loony bin and he died there in 1913 for being a drunk. In the Democrat newspaper in the hometown, boldly printed JACK DIES IN INSANE ASYLUM on the front page. Jack, Eugene's father, was a republican condidate for town constable/jailer many times and so it appears to have been a cheap shot at a dead rival.
Eugene moved to Council Bluffs, Iowa in 1915 and later worked in Minnesota when he changed his name. That might be my hook, that he was embarrassed the way in which hi father had been posthumously humiliated.
 

12intheBox

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If he thought he was running a scam, he was wrong. Misspelling your name doesn’t make a contract less binding.
 

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If he thought he was running a scam, he was wrong. Misspelling your name doesn’t make a contract less binding.
Yes, that's true now and I knew that, but I didn't know of it was always true. I can't find where it was the case, but thought I'd ask historian/lawyers who might know for sure if it was always that way.
 

12intheBox

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Yes, that's true now and I knew that, but I didn't know of it was always true. I can't find where it was the case, but thought I'd ask historian/lawyers who might know for sure if it was always that way.

i don’t know the law everywhere and I certainly don’t know the history of the law everywhere - but I’ve never heard of anything even remotely like that.
 

Loyal

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i don’t know the law everywhere and I certainly don’t know the history of the law everywhere - but I’ve never heard of anything even remotely like that.
*shrugs....in New Hampshire you can't check into a hotel room with a fake name. It''s probably not enforced anymore, but it's still on the books...
 

FaulkSF

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*shrugs....in New Hampshire you can't check into a hotel room with a fake name. It''s probably not enforced anymore, but it's still on the books...
Not going on vacation to New Hampshire. - Ron Mexico
 

Karate61

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I don't think a fake name is that much of a big deal.

Very truly yours,

Jefff