Iowa Adoption Court Cases

Iowa Court Case: Alsager v. Polk County
The judgment appealed from is affirmed on the basis that plaintiffs were denied substantive due process, in that the State of Iowa failed to exhibit the threshold harm necessary to give the state a compelling interest sufficient to justify permanent termination of the parent-child relationships, and on the further basis that plaintiffs were denied procedural due process, in that they were not given adequate notice of what conduct allegedly warranted such termination, both in violation of the Fourteenth Amendment...


Iowa Court Case: Smidt v. Benenga
Felko Smidt is a boy eleven years of age. His mother died as a result of childbirth, the boy being then about one month old. A Mrs. Kramer was the grandmother of Felko, and, upon the death of the mother, this grandmother, with her daughter, Mrs. Benenga, by agreement with the father undertook to bring up the boy. The grandmother was then about sixty years of age and somewhat crippled, but she was a woman of some means, and then and thereafter lived with the defendants, as did the boy when taken by the grandmother...


Iowa Court Case: Carper v. Ridpath
Hattie Carper, the appellee, claims in this proceeding an interest in the property of Joseph Ridpath and Rebecca Ridpath, both deceased, under an alleged contract to adopt, made between them and Alice Johnson, mother of appellee, at a time when Hattie was about four years old. The mother had been abandoned by her husband, and was at the time with relatives in Mahaska county, near New Sharon, which was also the neighborhood residence of the Ridpaths. The trial court found that plaintiff, appellee, had been taken into the home of the Ridpaths under an oral agreement that they would legally adopt the child, and that, in consideration of such agreement, the mother...


Iowa Court Case: Westendorf v. Westendorf
Plaintiff is a young woman 23 or 24 years of age, the mother of the defendant Norval James Westendorf, who was about 2 1/2 years of age, at the time of the trial. The defendant Amby G. Westendorf is her former husband, and the defendant Mamie Westendorf, his mother. On June 4, 1917, plaintiff signed papers of adoption, giving Norval to Mamie...


Iowa Court Case: Morris v. Trotter
By stipulation of record it appears that the deceased, E. T. Banks, and Alice Banks were husband and wife; that they were negroes, and had lived in Alabama, whence they removed to Iowa about 1882; that they had no children; that Mrs. Banks died in 1916, and E. T. Banks in 1925, intestate and without issue, leaving a homestead property...


Iowa Court Case: Burkholder's Adoption
The child, Mary Ann Burkholder, was born April 14, 1924. Her mother died a few days afterward. The child was born in petitioners' home, and has always lived with them. The child's father died about June 21, 1925, leaving life insurance. On June 27, 1925, the petitioner John S. Darrah was appointed guardian. The life insurance was collected by intervener, Irene Burkholder. The guardian, John S. Darrah, claimed that the life insurance was taken out by the child's father in the name of his mother, the intervener, in trust for the child...


Iowa Court Case: Bergman v. Carson
With this amendment plaintiff filed an application to transfer the petition to be adjudged an adopted son of decedent to the equity docket for trial. Defendants filed a resistance to the motion to transfer, and, at the same time, filed a motion to strike the petition in equity on the ground that the amendment "seeks to join two inconsistent and repugnant remedies, a law and equity action, in one action, whereas the original action was commenced at law". Subject to the motion to strike, defendants filed a motion...


Iowa Court Case: Vermillion v. Sikora
Plaintiff brought a suit against the administrator of the estate of Eliza Ann Pratt, deceased, to establish her adoption by estoppel by Eliza Ann Pratt in which proceeding Harry P. Milburn, a collateral heir of decedent, intervened, and at the same time brought a suit to quiet title to real estate owned by decedent at the time of her death against the collateral heirs of decedent and her administrator. During the pendency of the proceeding in the lower court, Hattie Reynolds, a sister of decedent, died and Harry P. Milburn, her son...


Iowa Court Case: Wooster v. Tax Commission
This is an action in equity, brought by Grace S. Wooster individually and as executrix of the estate of Delia B. Wooster, to require the Iowa State Tax Commission to allow Grace S. Wooster, as a child adopted by estoppel, the exemption and rate of tax of a legally adopted child in computing the inheritance tax upon property passing to plaintiff under the will of said Delia B. Wooster, and by transfer from her in contemplation of death. The facts were stipulated. Shortly after her birth Grace came into the custody...


Iowa Court Case: Adoption of Cannon
On February 6, 1951, the court ordered that the application for adoption be (again) set down for hearing on February 12, and notice given to the mother by posting and mailing. On the date set for hearing, the mother of Linda Sue appeared generally and filed objections in which she stated she was remarried and in a home of her own with "income sufficient to support herself, her other child [by a still earlier marriage] and the said Linda Sue Cannon", and that her new husband (in service in Korea) was agreeable to her obtaining custody...


Iowa Court Case: Adoption of Cheney
A former affirming opinion, filed December 16, 1952, has been withdrawn on rehearing. It will be found reported in 56 N.W.2d 145. The child, Randall Lee Cheney, was born August 11, 1946, according to the adoption petition (filed January 9, 1952). His "address" was given as Sumner, Iowa, which is in Bremer County. The adoption petitioners, David E. Keith and Margaret U. Keith, reside in Black Hawk County where the proceeding was brought...


Iowa Court Case: Painter's Estate
Hannah I. Painter, administratrix and surviving spouse of Burleigh M. Painter, deceased, filed an application in the probate court for a determination of heirship in said estate. She states that Anna Painter Brown claims an interest equivalent to that of a natural child; that the collateral heirs claim to be entitled to the estate exclusive of the claims and share of applicant therein. The collateral heirs are: Ira Painter, brother; Jennie Grulke, sister; Mary E. Snyder, Maxine Egy, J. L. Painter, and L. C. Painter, nieces and nephews; Lucian Leonard, Jr., Harry Frederick Leonard, Ruby Parker, Lorraine Brittain, Linda Leonard, and Francis Leonard, grandnephews and grandnieces...

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