Legal Opinion

People ex rel. Noel v. O'Dell

Appellate Division of the Supreme Court of the State of New York

Decided July 8, 1920Published

Appeal by the defendant, Mary O’Dell, from an order of the Supreme Court, made at the Washington Special Term and entered in the office of the clerk of the county of Washington on the 24th day of February, 1920, awarding the possession, care, custody and control of Lillian Beatrice Noel to the relators.

1Opinion of the Court

Kiley, J.:

On the 21st day of March, 1910, Lillian Beatrice Noel was bom at Troy, N. Y. Her father’s name was and is Charles Noel, her mother’s name was Katherine Milner. At the time the father had a living wife, the mother was a single woman, hence the child was born out of lawful wedlock. These two people are the relators and respondents on this appeal. The defendant, appellant, is the sister of Charles Noel. Shortly after the birth of Lillian her father made an arrangement with his sister, the appellant, to care for his infant daughter; the evidence warrants this conclusion. Some…

2Cases cited4 opinions

  1. Meyers v. . American Locomotive Co.New York Court of Appeals · 1911
  2. Ex parte BeattyNew York Supreme Court · 1834
  3. Wall v. BeachAppellate Division of the Supreme Court of the State of New York · 1897
  4. Dulso v. DulsoAppellate Division of the Supreme Court of the State of New York · 1915

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