Crawford County, Pennsylvania

Courthouse

---

ADOPTIONS
CRAWFORD COUNTY JUDICIAL ADOPTIONS, 1856–1925

This case seems to have been argued and adjudged in the court below on the view that the only essential and governing fact on the question of adoption is the literal decree of the court. This is an error. The cardinal fact is the intent of the adopting parent. The court has a veto power, to refuse to sanction the adoption unless satisfied that the welfare of the child will be promoted by it; but beyond that its action is only confirmatory of the action of the parent, of which, in the language of the statute, ‘the record of the court shall be sufficient evidence.’ No action by any court appears to be absolutely essential to a valid and lawful adoption. The act of April 2, 1872 (P. L. 31), recognizes adoption by deed, and provides for the recording of the deed and a certified copy as evidence. Ballard v. Ward, 89 Pa. 358. The more convenient system under the act of 1855, now supplied by the amended act of May 19, 1887 (P. L. 125), provides for the approval of the judge, and the decree of the court is made the statutory evidence of a fully formed and executed intent on the part of the adopting parent, just as, in the analogous case of a will, where the intent is the cardinal fact, the law requires that it be signed at the end thereof as the statutory evidence that the intent is complete and executed. In the present case the decree is ambiguous, in that it uses both singular and plural in reference to the petition, ‘And now, January 15, 1872, upon the petition of Samuel Peterson, and it appearing that Hattie Nickerson, the child therein mentioned, has been supported by the petitioner for one and half years past, and the court, being satisfied on due consideration that the welfare of the said Hattie Nickerson will be promoted by the adoption as the child and one of the heirs of the petitioners, with the consent of the directors of the poor of said county, decree that the said child shall assume the name of Hattie Peterson, and have all the rights of a child and heir of said Samuel Peterson, and be subject to the duties of a child.’ Turning, now, to the petition, we find that Samuel Peterson is named first as the sole petitioner, but the prayer is for a decree that the child may assume the name of Hattie Peterson and ‘have all the rights of a child and heir of the petitioners’ (in the plural), and the petition is signed by both Samuel and Laura Peterson. How all this came about is explained by the counsel in the case, from whose testimony it appears that the petition was drawn originally in the name of the husband, and after presentation to the court the wife came in at the suggestion of the judge, and then the petition and decree already prepared were changed to conform to the changed application, but the change was made with such want of completeness as to create the ambiguity. [¶] How far the ambiguity in the decree may be considered latent, so as to admit this parol evidence, may be open to doubt; but we may disregard such evidence entirely and still have no difficulty. The petition is the act of both husband and wife. Both signed it before the court passed upon it, and ‘mala grammatica non vitiat chartam.’ A paper, though drawn in the name of one, is presumed to be the act of all who sign it, and therefore, when Laura Peterson signed the petition, it must be presumed that she intended to make herself party to it, and this presumption is reinforced by the prayer that the adopted child shall have ‘all the rights of a child and heir of the petitioners.’ On the face of the record, therefore, Laura Peterson was a party to the adoption, and, if we look into the parol testimony as to her actual intent, there is demonstration that it was not only her intention at the time to do it, but her unquestioning belief through a long subsequent life that she had done so. A similar careful examination of the decree leads to the same conclusion. The recital of the petition as that of Samuel Peterson, and of the support of the child by the petitioner, is in the singular; but the next clause, which expresses the decision of the court on the essential point which its judicial duty was to consider, is in the plural‘the court, being satisfied on due consideration that the welfare of the said Hattie Nickerson will be promoted by the adoption as the child and one of the heirs of the petitioners,’ etc. [¶] Where ambiguity is introduced into a writing by verbal changes, which either should have been made in additional places or not made at all, the presumption in favor of the validity of affirmative action should prevail. In other words, as applicable to this case, it is more probable, as shown by experience, and therefore to be presumed, that the hand that made the alterations in the papers made fewer of them than he should have made to express his full purpose than that those he did make were accidental or unintended. In every view the appellant’s case was clear. [¶] Decree reversed. Petition and all subsequent proceedings directed to be dismissed, at the cost of the appellees.

[Letter in file:]  “No 5111 Aldama St., Los Angeles, California  Jan. 4 – 1939.  To Register of Records, City of Meadville, Crawford Co. Pa.  My dear Sir, – I am desirous of obtaining the Date, and Year of my Birth and also the Record of my adoption, in the city of Meadville, Crawford County, Pa.  I was a child of adoption by Samuel Peterson, and his wife Laura Peterson, whose house was located on Park Avenue (number not known) City of Meadville. [¶] My own mother’s name was, Mrs. Anne Nickerson, (My name Hattie Nickerson) Parents parted.  Adoption took place in January 1872.  I assumed the name Peterson at that time.  Myron Park Davis Atty., who was afterwards my attorney for a case, told me he drew up the adoption papers.  I merely speak of this thinking it might be of help to you in case his records are still on file, as he died some years ago.  I have not got a record of my birth, or adoption but was told by Foster Parents I was born March 25, 1869.  Have gone by that statement ever since.  But I have applied for Old Age Pension in California, (Los Angeles County) and it seems necessary that I have those records if possible, there are so many people here who are trying to take advantage in various ways.  I was advised, ‘To write to the place of my birth and see if I could find anything definite’ [¶] So if you can find any records on the matter and kindly send them to me, and also include Fee for your efforts, It will be gratefully received. [¶] Thanking you in advance. [¶] I am Yours Truly, Miss Harriett G. Peterson[,] 5111 Aldama Street, Highland Park, Los Angeles, California.  [on reverse:]  P.S.  Have chosen name Harriett G. Peterson in preference to nickname Hattie.  An attorney told me I had a right to do so if I preferred the former so I sign all papers by that name.  But the name Hattie was given in adoption papers. [¢] Sincerely  Harriett G. Peterson.

[Carbon copy of letter typed on Prothonotary’s stationery, dated at Meadville 10 Jan. 1939, addressed to Miss Harriet G. Peterson, 5111 Aldama Street, Highland Park, Los Angeles, Calif.:]  “My dear Madam:  Your letter of 4th instant, addressed to ‘Register of Records’ has finally been delivered to me, as adoptions were in this Court up to 1925, and there being no such office as register of records. [¶] First, There were no [two words interlined] birth records in Pennsylvania until 1893,-except in a few of the cities. [¶] Second, I find that one Hattie Nickerson was adopted by decree of this court dated Jan. 15, 1872, as the child and heir of Samuel Peterson, and her name changed to Hattie Peterson. [¶] Third, in the year 1901, in the matter of the estate of Laura Peterson, No. 5 Sept. term, 1901, in the Orphans Court of this county, it appears that the question came up as to whether Hattie Peterson was also the heir of Laura Peterson.  Our court decided that she was not, because of the omission of the name of the wife, Laura Peterson from the decree of adoption, although Laura Peterson had signed the petition.  the case appealed to the Supreme Court of Penn’a, and the decree was reversed. [¶] Fourth, the petition for adoption which was sworn to on January 9, 1872, sets forth that ‘the child is about three years of age. [¶] Fifth, the petition also sets forth that Hattie was the child of Ann Nickerson, and that petitioner had no knowledge of the whereabouts of the child’s parents, and believe her to be abandoned. [¶] If you desire a record of the adoption proceedings in this court I will make samem [sic] duly certified under Act of Congress on receipt of $3.00.  My fees for searches, etc. is $1.00, which please remit.  Yours very truly, Paul D. Slayton, Prothonotary.”

[Typed letter on stationery of Gwinn & Pell, Counsellors at Law, 522 Fifth Avenue, New York, dated 19 Dec. 1929 and addressed to Clerk of the Orphans Court of Crawford County, Meadville, re: Estate of Ida M. Haslett, Deceased, with envelope postmarked Grand Central Station same day:]  “We are endeavoring to trace the whereabouts of a brother of the above named decedent.  This brother, whose name is Harley Wilkison, was born in Titusville, Pennsylvania, and is reputed to have been adopted by John and Mary Scheck (or Scheek) some time between 1879 and 1884. [¶] The information which we have at hand indicates that this adoption was had by regular legal proceedings, and we further understand that a record of the adoption is on file in the County records, which we presume would be in the Orphans Court. [¶] We would appreciate it if you would advise us whether you have any record of such an adoption, and, if so, what the cost of procuring a transcript thereof would be.  If the cost is not too great, it may be that we would want to have a transcript thereof. [¶] Return addressed envelope is enclosed for your reply. [¶] Thanking you, we are [¶] Very truly yours,” signed Gwinn & Pell and initialed JFL:DF.
[Attached response of Prothonotary, indicating the case number and $5 fee for an exemplification]
[Attached cover letter dated 27 Dec. 1929 enclosing the $5 fee, with handwritten note at bottom: “mailed exemp. Dec 30/29”]

[Typed letter on plain paper addressed to County Clerk of Crawford County, Meadville, dated 22 Dec. 1929, bearing an address at the bottom of Mrs. Harley A. Cook, 1104 Ditmas Avenue, Brooklyn, N.Y.:]  “Please send me at your earliest possible convenience a certified copy of the adoption papers of Henry Harley Wilkison by John and Mary Scheck (or Sheck) at Titusville, Pa., about the year 1876-7 or possible later. [¶] I would greatly appreciate it if you would send them to me soon, as they are to be used in connection with the settlement of an estate. [¶] Kindly let me know the cost of the same and I will send a check promptly.”  Signed Emma Wilkinson Cook.
[Prothonotary’s response dated 30 Dec. 1929, enclosing exemplification]

[Enclosed handwritten letter on stationery of I. L. Shank, Manufacturer and Dealer in lumber, etc., Titusville, dated at Titusville 4 March 1922, and addressed to Clerk of Court:]  “Some where about 44 years ago, my wife was legally adopted by Chas Cannell of Titusville as his daughter, her name then being Frankie M. Cannell. I wish you’d send me just as soon as possible a certified copy of those adoption papers, send me bill of the costs, and I will remit or send the bill with the papers and I will send ck.& am in a big hurry for them / Yours truly[,]” signed C. F. Shank, 416 E. Main St., Titusville.

File contains letter to the Prothonotary dated 7 Nov. 1938 from Milton C. Sharp of Taylor and Stern, Attorneys, 1420 Chestnut St., Philadelphia, requesting information on the adoption of Bertha Adaline Dunlap “sometime between the years 1879 to 1886,” along with the envelope posted at Philadelphia 8 Nov. 1938, and the Prothonotary’s reply dated 10 Nov. 1838, giving the cost of an exemplification of record [but not the case number] and noting, “You neglected to name the adopting parent, but I finally found that one Bertha A. Dunlap was adopted in 1882, by one A. C. Carpenter.”

Mrs James Spence / Rt. 1 Davisburg / Michigan / Jan. 27, 1939 / [to] Clerk of Courts / Meadville / Penna. / Dear Sir, / In the year of or about 1889 Mr Walter Struble and wife Rosia adopted a little girl by the name of LIZZIE DAVIS, taken from the orphanage there, the child was two years old then, I am that girl and have just learned the fact[.]  I Wish to know if I can get a copy of adoption papers and where my Father lived at time and the name of the Dr connected with the orphanage at that time & what are the charges for papers, would like to know Mr Davis’s first name and what Mrs Davis’ maiden name was, she was had died before Mrs Struble came to orphanage – & Mr Davis could not take care of me his daughter.  Enclosed is envelope for reply; the Strubles lived Crawford I believe at that time, please send all information you have. / Sincerely / Mrs J. R. Spence / Rt 1 / Davisburg / Mich.
Prothonotary’s typed reply letter, dated 28 Jan. 1939:  [unable to answer questions other than to provide info stated above].

[Enclosed letter typed on Grand Trunk Western Railroad Company stationery:]  “Office of Trainmaster, Durand, Michigan, Jan. 9, 1939 [addressed to] Probate Court  Crawford County, Meadville, Penna. [¶] Dear Sir: [¶] Our employee, James Frederick Page, now living at 932 Lomita Avenue, Flint, and engaged as a Switchman, is being required to furnish birth certificate or satisfactory proof of age, and in conversation with I have learned the following facts; [¶] He was born November 1, 1889 at Oil City, Venango County, Pennsylvania and was adopted by Louis and Almia Page, when about four years of age.  Adoption papers were filed through the Court of Crawford County, and he has no knowledge of his original name or history. [¶] It is necessary that we have something definite from the State of Pennsylvania, also the County of Venango as to any registration of birth (after we have developed his original name) or a copy of the adoption papers, if in order.  If it is not in order for the Court to furnish this information, a letter or affidavit indicating what the adoption records show as to his name and date of birth, together with information as to date of adoption, will suffice. [¶] I am writing this letter for Mr. Page and you may reply to me direct, or to our employee at his home address – 928 Lomita Avenue, Flint, Michigan. [¶] Yours Sincerely,” signed G A Briggs, Trainmaster.
    [Attached letter from Paul D. Slayton, Prothonotary, addressed to Mr. G. A. Briggs:] “ … I can find no adoption of a child of that name by Louis and Alma Page indexed in our records.  However, I find that F. L. Page of Bloomfied Township (about 20 miles N.E. of Meadville) adopted one James Milliman, child of George and Harriet Milliman, on Sept. 14, 1891.  The petition sets forth that the child was then about four years old.  Quite likely this is an other person [!?!].”

Enclosed letter from Miles B. Kitts, Attorney-at-Law, 25 East Eighth Street, Erie, Pa., dated 28 July 1928, requesting a search for the adoption of John and Marie Gunther by a George Loeslein or a Gregor George Loeslein or his wife, Mary Loeslein; and replies by V. L. Greeley, Prothonotary.

Enclosed letter from Garl Bonewitz, Attorney at Law, Huntington, Indiana, to V. L. Greeley, Prothonotary, dated 11 May 1934, concerning corrections to be made to a certified copy of the adoption decree (change “1992” to “1892,” and “Claris” to “Clair.”

[Handwritten letter addressed to the Probate Court, Meadville Court House, and postmarked Youngstown, Ohio, 8 May 1929, bearing an address of 51 Matta Ave., Youngstown, and dated 8 May 1929:]  “Do you have any record of the adoption of a little girl about the year 1903 or near there? That was born in Fayette Co, near Uniontown, whose name was either Julia or Phoebe Adelaide Hart.  Whose mothers name was Dorcas Hart as this girl was supposed to have been adopted by Captain J.A. French as this child is now the writer of this letter and wishes to know the truth of this matter, also could a child be legally adopted if this mans wife was living if she did not sign the papers.  [¶] If you have records will you let me know, any [sic] how much would a copy of the adoption papers cost me?  Trusting I may hear from you soon, / Your sincerely,” signed Mrs. Wesley Porter.

Typed response from the Prothonotary on reverse, dated 9 May 1929, stating that an exemplification of the 1901 record will cost $3.

Handwritten letter on stationery embossed “Chicago,” dated 5 Feb. 1920:  “Dear Sirs of City Court, – Enclose a few questions in regards to my life, wondering if you would please give me a little satisfaction as everyone tells me something, and no one seems to know the right truth.  Well when I was three years old I was adopted by some people named, ‘Lois G. Giffin Simons’ and “Mr James D Simons, of Meadville, Penn.  They tell me I was born at Corry, Penn  from Corry I went to Meadville.  My name when adopted was, ‘Maud Stranahan,’ and I was gotten through a friend they wont say who.  They said my mother is dead and my father living the last they heard and I have a sister and relatives.  Would like to know where my sister is and what my life is as anyone would.  My foster parents were born in Penn. and Canada, Mother born Sept. 5. 1866 I dont know what city, my father in St Thomas, Canada April 22, 1866.  They were married in the year of 1896.  That is what I have been told by them.  I dont know where we lived in Meadville when I was adopted.  I remember of going to Chicago and I have a faint rememberance of my mother as any child would has of course.  Then we I went back to Meadville then we lived while there at 1087 Liberty St.  I am now living in Chicago, going by the name of Mamie Hazel Maud Simons, I also am 23 years of age, born Oct. 26, 1896.  I am married and have two very nice little children, one three years of age and the other 12 months.  My husband is good to me, but I would like my children as well as my self know of our blood relation, I think if you were in my place you would have the same feeling about this circumstances too.  My name now is Mrs Arthur Debeling of Chicago.  Would you please locate my sister –where she is and what her name is and how old, as she she was adopted too by some people.  My description is red hair, gray eyes and fair complexion and I am 5 ft 2 ins. and medium weight.  When I was adopted I was quite stout.  Now could you please give me any satisfaction or would I have to write to Correy, Penn. Court or to a Orphan Home Asylum.  Well anyway tell me what to do in regards to this fact of my life as I am anxious.  Please write and tell me as soon as you can. / I remain / Mrs. Mamie (H. Maud Simons) Debeling. / 27. E. 102 Place, / Chicago, Ill.”

Carbon copy of typed response from Prothonotary dated 10 Feb. 1920, suggesting contact with Mrs. Simeon (Cornelia T.) Merrill, President, and Mrs. Adrian W. (Caroline B.) McCoy, Secretary of the Children’s Aid Society, both “now living in Meadville,” but unable after searching to find an adoption of any other Stranagan [sic].

[Enclosed motion:]  “And Now July 28^# 1902 the Court is moved for leave to amend the record by changing the adopting parents from ‘Nason’ A. Cody to his correct name of ‘Nathan’ A. Cody.”  Signed Isaac Monderau, Atty. for Nathan A. Cody.  Granted 28 July 1902; [filing date not given].

[Enclosed letter to the Prothonotary on stationery of Martin & Martin, Attorneys at Law, New Castle, Pa., dated 15 April 1931 and filed 16 April 1931:]  “In accordance with your letter of April 9 [no copy in file], we are inclosing herewith our check for $3.00 and request that you forward us as soon as possible an exemplification of the record in the adoption proceedings wherein Herbert H. Clair [sic] and wife were petitioners at No. 96, November Term, 1904.”

[Handwritten letter, dated at Cleveland, Ohio, 13 June 1927:]  “Dear Sir:  Enclosed finding a money order for two dollars (^$2.00) for which will you kindly send me a certified copy of the adoption proceedings of Doris Morton. [¶] Being unable to give my former name also the date of the adoption as that is what I am trying to find out. [¶] My adopted parents were Mr. and Mrs. Frank Morton. [¶] Thanking you in advance [next line] I am Yours Truly [signed] Mrs. J. E. Roberts  formerly Doris Morton  1910 E. 55^thSt.”
[Also carbon copy of typed reply from the Prothonotary dated at Meadville 14 June 1927.]

[Handwritten letter:]  “Gary Ind Aug 4 – 27” [next line] to the Hon Judge of the Crawford Co Court Meadville Pa [¶] Dear Sir [¶] would you please hand this letter to the proper authoritys [¶] about September 1907 one Thomas E. and Mary Foringer, adopted a Child, Mildred Ruth Coleman as the Records will show in your Court.  Ruth has now come into posesion of a small Inheratance, and it will be necccary for us to get a copy of her adoption papers before we can get this money for her, we had a coppy of these papers but we had a bad Fire and lost all.  the estate would like to get these papers as soon as possible inorder to clear up the estate. [¶] trusting we will hear from this soon, we remain Thomas E and Mary Foringer [signed] Thomas E Foringer[,] 201 Tyler S^t, Gary Ind
[Attached typed letter on Prothonotary’s stationery, dated 12 Aug. 1927, indicating that he had “searched and found the record of the adoption of your foster-child Mildred Ruth,” and requesting $1.00 for a certified copy of the decree, or $2.50 for exemplification of record, or $3.50 for exemplification certified under act of Congress.]
[Attached handwritten letter from T E Foringer, 601 Tyler St, Gary, Ind., dated at Gary, Ind., 13 Aug. 1927, enclosing check for $1.00, with typed notation at bottom, “Aug. 15, 1927. – Mailed certified copy of decree, as requested.”]

[Typed letter on the stationery of Metropolitan Life Insurance Company, dated at Jamestown, N.Y., 10 March 1937, referencing the adoption petition and decree, and inquiring as follows:]  “The child, Marie A. Ellison, adopted by the above named Mary and Carlton Ellison has grown and in due course of time married Joseph M. Taylor, Portland Road, Portland, N.Y. [¶] Joseph M. Taylor died by drowning, Sept. 2, 1936. The accident occurred in Lake Erie, and the body was recovered, and the Metropolitan Life Insurance Company has approved claim for payment in amount $10,000.00 and under the settlement plan arranged by the insured for the beneficiary, we require a record of the date of birth of the beneficiary, who, in this case is Marie A. Taylor, the child that was adopted by the Ellison’s.  The adoption papers that we have before us does not indicate the age of the child or the date of birth.  We need this information, and we are endeavoring to assist Mrs. Taylor in securing this data. In fact she has requested our Assistant Manager Wolford to help her as much as possible.   Will you, therefore, examine the records, to see if you can give us any definite information regarding the date of birth of this child, Marie Angeline McCollum, or the age at time of adoption by the Ellison’s? [¶] Please advise us, using the enclosed stamped envelope for reply, in re. any fee charge for making the search. [¶] Thank you to assist us, in giving aid to the claimant.”  Signed Very truly, D. Ross Metzbar, Manager.
[Attached (typed) detailed response from the Prothonotary dated 11 March 1937, noting that the child was said in April 1908 to be “now of the age of one year,” and including the following information:]  “The papers do not show the date or place of birth of the child.  I Examined the birth record in the Clerk of the Orphans Court’s office, covering the years 1904 and 1905 but did not find the name.  From Jan. 1, 1906, birth records in Penn’a have been kept by the State Registrar of Vital Statistics, at Harrisburg.  I enclose blank application for a birth certificate, showing the facts they want. [¶] I do not know where these particular Ellisons lived at the time, although there were some Ellisons living at Townville about that time.  From the fact that the petition is endorsed with the names of Trax & Parker, Attorneys, Oil City, Pa., the child might have been born in Venango County.  The petition and consent of the natural parents were both sworn to before an Alderman of the City of Titusville, this County.  A memorandum on the petition indicates that the decree was ‘issued to Byles,’ which would be Axtell J. Byles, Esq., then practicing in Titusville, Pa., now in the City of New York.—I think he is the President of the American Oil Institute. [¶] Would suggest that you write to J. D. Trax, Esq., Oil City, Pa.; perhaps he can remember something about the parties, though doubt it, for it was near 29 years ago.”  Note at bottom, signed David T McKay, states as follows:  “Will say that I am the same person who attested the copy of the decree in April 1908.  However, the parties were all strangers to me, and I have no recollection of it.”
[Attached (typed) letter dated at Dunkirk, N.Y., 10 Dec. 1937, addressed to County Clerk, Crawford County, Meadville, Pa.:]  “Dear Sir; [¶] On the 6th day of April 1908 Marie Angeline McCollun [sic] was adopted by law by Mary L. Ellison and Carlton A. Ellison. I need Marie Angeline McCullen,s date of birth in order to settle a business transaction that requires that date. [¶] Will you please search your records for that date and when found send it to me. I will appreciate your cooperation in this very much.  It might be possible that your records will show the name of Marie McCullon and if not Marie Ellison. [¶] Thank you in advance,” signed H. L. Wolford, 29 E. 4th St., Dunkirk, N.Y.
[Attached (typed) response from the Deputy Prothonotary, dated 11 Dec. 1936 [sic], referencing the above decree, enclosing a blank application form for a birth certificate from the State Registrar of Vital Statistics at Harrisburg, and stating copy fees, including 50¢ for the search.]