Matter of MacRae
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 8, 1907, which affirmed an order of the Mew York County Surrogate’s Court denying a motion to vacate and set aside an order of adoption. The facts, so far as material, are stated in the dissenting opinion. The order of adoption was void for want of consent of the child’s father. (L. 1896, ch. 272, § 61, subd. 3.) The child in question had not been abandoned.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 8, 1907, which affirmed an order of the Mew York County Surrogate’s Court denying a motion to vacate and set aside an order of adoption. The facts, so far as material, are stated in the dissenting opinion. The order of adoption was void for want of consent of the child’s father. (L. 1896, ch. 272, § 61, subd. 3.) The child in question had not been abandoned. (Hale v. Oldroyd, 14 M. & W. 789 ; Johnson v. Mallory, 40 Cal. 299; Stephens v. Mansfield, 11 Cal. 363; Shannon v. People,…
1Opinion of the CourtChase, J.
The order of the surrogate denying the appellant’s motion to set aside the second adoption of Madeleine Hope MacBae was, in my judgment, rightly affirmed. In this state the authority for the adoption of children is wholly" dependent upon the statutes. (Matter of Thorne, 155 N. Y. 140.)
A state may authorize its courts in the exercise of the power and duty of parens patriae to conduct proceedings for the adoption of minor children without notice by publication or otherwise to the child, its parents, relatives or next of kin. ( Van Matre v. Sankey, 148 Ill. 536; S. C., with note, 39 Am. St. Rep.…
2Cases cited8 opinions
- In Re the Appraisal, Under the Transfer Tax Act, of the Estate of CookNew York Court of Appeals · 1907
- Van Matre v. SankeyIllinois Supreme Court · 1893
- Gilliam v. . Guaranty Trust Co.New York Court of Appeals · 1906
- Nugent v. PowellWyoming Supreme Court · 1893
- Brantingham v. HuffNew York Court of Appeals · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- In re the Adoption of Malpica-OrsiniNew York Court of Appeals · 1975
- Carpenter v. . Buffalo General Electric Co.New York Court of Appeals · 1914
- Betz v. HorrNew York Court of Appeals · 1937
- In re LivingstonAppellate Division of the Supreme Court of the State of New York · 1912
- In re the Adoption of EatonNew York Court of Appeals · 1953
32 more not listed; retrieve them via the Exa API.