In re Presler

On January 18, 1937, Carl McDermott, here referred to as the “ child,” was bom to the petitioner, Gertrude McDermott, here referred to as the “ mother.” She was then about fourteen years of age. She petitions by a guardian ad litem. The petition alleges that the child is wrongfully restrained by the respondent, commissioner of public welfare of the city of Elmira.

The return alleges that the respondent commissioner holds custody of said child by virtue of a written instrument of surrender executed by the mother March 25, 1937, pursuant to section 308. (All statutory references are to the State…