In re Donnelly

This writ is directed against Jennie Foos who •is alleged to have the unlawful custody of the petitioner’s child, a girl about one year and nine months old. The respondent’s return to the writ is that her custody of the child is lawful and based upon a written agreement entered into between the petitioner and the respondent and the latter’s husband. That instrument states that the petitioner as the mother of the child, 'then three weeks old, does “ hereby give said baby to Bobert Foos and Jennie his wife, of Bo. 3 Vanderveer street, Brooklyn, B. Y., for adoption by them and I hereby promise…