Schwab Adoption Case

Dissenting Opinion by

Mr. Chief Justice Maxey :

I dissent from the majority opinion. The court below decided that the mother had abandoned her child when it was 3y2 years of age and our duty is “to examine the testimony to determine whether there is any evidence to sustain the finding of fact” as this court said in Weinbach’s Appeal, 316 Pa. 333, 337, 175 A. 500, which rule was followed by Mr. Justice Jones in Davies Adoption Case, 353 Pa. 579, 46 A. (2d) 252.

I agree with the majority opinion that abandonment “imports any conduct on the part of the parent which evidences a settled purpose to…