In Re McGrew

This is an appeal from an order purporting to vacate a previous order whereby the court had declared that the child, Francelia McGrew, was duly adopted by the appellant, Hazel McGrew, she being then unmarried.

The record shows that the order of adoption was made by a judge of the superior court of the city and county of San Francisco on June 19, 1917. The petition for adoption was filed by Hazel McGrew, stating that the child was then six weeks of age and was an illegitimate child of the petitioner’s sister, Naomi McGrew; that the petitioner was a resident of San Francisco, was over twenty-one years of age and was willing to and desired to adopt said child and that the mother of the child consented thereto. The consent of the mother was duly signed and filed, and also an agreement by Hazel McGrew, as required by the statute. The order of adoption was in due form and included findings of every fact required by the statute, including the finding that the petitioner, Hazel McGrew, was at that time residing in the city and county of San Francisco.

In May, 1919, the respondent, Zimmerman, filed a petition in the 'matter of said adoption praying that the order of adoption be vacated…