In Re Adoption of Margaret Nolan

Opinion by

Stadtfeld, J.,

This is an appeal from a refusal of the municipal court of Philadelphia to vacate a decree of adoption.

On February 26, 1931, John Fenderson Kyes, Jr., and Florence Margot Kyes, his wife, filed a petition in the municipal court of Philadelphia averring their temporary residence in Philadelphia, and praying a decree of adoption of Margaret Nolan, who had been in their custody since October 11, 1930.

Attached to the petition were two affidavits executed by appellant, one of which, dated October 10, 1930, averred that she resides at New York City, State of New York, that…