Nugent v. Powell

Summary

The court held that Emily Powell was validly adopted because the probate judge's written approval, retained among the office papers, satisfied the statutory record requirement and the pleadings admitted that the adoption order had been entered. The court further held that the father's prolonged abandonment relinquished his custody rights, allowing the mother to consent without his notice or consent, and that the adoption could not be collaterally attacked by the adopting father's collateral heirs. The district court's contrary distribution decree was reversed and remanded.