People ex Rel. Filipkowski v. Gusterine

3 Citing cases

  1. Cohen v. Janic

    207 N.E.2d 89 (Ill. App. Ct. 1965)   Cited 6 times

    Since no evidence of duress was proffered and since the court found there was no fraud, the court could not properly permit the consent to be withdrawn unless it had been improperly executed. In re Wojtkowiak, 14 Ill. App.2d 344, 144 N.E.2d 760, and People ex rel. Filipkowski v. Gusterine, 16 Ill. App.2d 336, 148 N.E.2d 1. The court also found that the form of consent did not comply with statutory requirements in that the names of the adopting parents were not inserted at the time it was signed.

  2. People ex rel. Karr v. Weihe

    30 Ill. App. 2d 361 (Ill. App. Ct. 1961)   Cited 9 times

    This surrender or consent to adoption by Mrs. Karr was obtained by fraud within the meaning of the statute and, hence, was revocable. We have considered all the cases referred to by the respondents, namely, Giacopelli v. Florence Crittenton Home (1959) 16 Ill.2d 556, 158 N.E.2d 613, Huber v. Huber (1960) 26 Ill. App.2d 207, 167 N.E.2d 431, Kokotekian v. Kokotekian (1959) 23 Ill. App.2d 171, 161 N.E.2d 712, In re Petition of Simaner (1959) 15 Ill.2d 568, 155 N.E.2d 555, People v. Gusterine (1958) 16 Ill. App.2d 336, 148 N.E.2d 1, In Matter of Petition of Balota (1955) 7 Ill. App.2d 178, 129 N.E.2d 234, and In Matter of Petition of Wojtowiak (1957) 14 Ill. App.2d 344, 144 N.E.2d 760. We do not believe they militate against our views in the case at bar.

  3. People ex Rel. Buell v. Bell

    155 N.E.2d 104 (Ill. App. Ct. 1959)   Cited 18 times
    In Buell, the consent to adoption was executed by the natural mother shortly after the child's birth while the mother was still hospitalized.

    There remains the question here discussed of whether it was obtained by fraud or duress under the circumstances. The principal cases cited by the respondents are: In re Petition of Balota (1955) 7 Ill. App.2d 178; In re Wojtkowiak (1957) 14 Ill. App.2d 344; In re Simaner (1957) 16 Ill. App.2d 48; and People ex rel. Filipkowski v. Gusterine (1958) 16 Ill. App.2d 336. In re Petition of Balota was a petition for adoption; the mother and father of the child were married; the child had been born in December, 1953; a petition for adoption was filed April 16, 1954; both the mother and father executed appearances and consents April 17, 1954 before the Clerk of the Court; the trial court found no duress or fraud as to the consents, but nevertheless denied the petition; the Appellate Court reversed and remanded.