The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1897-11-15
5 THE REASONS FILED.
mr. Hayes Cites Twenty Why The Dough-
erty Adoption Case Should be Settled.

In Orphans Court this morning Walter
II Hayes submitted petition embracing
twenty reasons why the order Of adoption
and the Issuance Of the Certificate OF adopt
ion of Cornelius ]. MORTALITY by John A.
Dougherty, NJ. D., made by tho Orphans
Court on December 20. 1894. should bs va.
Gated and declared null and vod Several
of the reasons follow:
That tho said Orphans Court is without
jurisdiction oyer tho matters and causes
alleged In said petition.
That when the court on December 20,
1891, made the decree and order to issue to
John A. Dougherty. NJ. d., certificate of
adoption Of Cornelius J. Moriarity, 1t then
exercised all lite powers and authority in
the premises and exhausted Its jurisdiction
That it does not appear from the evidence
in this cause that tho said John j. Dough
erty was non compoi mentis at the time of
the making Of the said petition for the
adoption Of said Cornelius j. Dougherty.
That 1t does not appear IN This cause
that the said Johu A. Dougherty. NJ d.,
signed said petition for the adoption OF
said respondent without knowing or COM
pretending the nature of tho transaction.
That IL does not appear, from the evil.
dence In this causa, that the said Q. J,
Dougherty practiced any fraud or attempt.
cd so to do. on this court or that he In
any way prevailed on said court to make
said order of December 20, 1894, or that
any other person did SO by the auth ority
Of, or with the knowledge Of said G. j.
Dougherty.
That If any fraud was practlced on this
court by which it.was prevailed on to
order the issuance of said certificate Of
adoption, 1t was go practlced solely by the
said John A. DOugherty, NJ, ID
That 1t does not appear from the evl.
dence in this cause, either at the time OF
the making of said petition for adoption
or at tho time OF the making of said order
for the issuance of said certificate of adop-
ton, that the said j. A. Doughcrty,M. d.,
did not comprehend and understand what
was being done, or that he was, at the
said time, incapable of understanding.
That, If this courts shall assume juris-
diction tn proceed further in this course
no sufficient reason or grOnui has been
shown for 1t to vacate and declare null
and void, said order made December 20,
1894, to issue said certificate of adoption.
Therefore for the reasons Aforesaid, the
said respondent, by his said attorneys,
prays the Court here to dismiss the said
petition and all proceedings had thereon.
that this Court will make an order on the
said John A. DOugherty, NJ D., recurring
him to pay all the costs OF this case, and
that this Court will further order said pe-
titioncr to pay to the respondent sum of
money sufficient to reimburse him for his
costs and charges, by him necessarily ex-
pended in preparing his Defense includ-
ing such sum rs the Court shall consider
reasonable to pay his Counsel.
The court fixed Dec 20 rs the day for tho
argument.
In Charcery Court Willard salisbury
obtained for Joseph L. Carpenter, Jr,
trustee under the will of Samuel Miller
permission to sell certain real estate.
John X. Bradford was appointed trus-
tee to sell certain real estate Of Frederick
Buchmann, deceased.
The case Of Alfred Gawthrop VS.. Zion
Evangelical Lutheran Church, upon mo-
ton OF Ben jamin Nields. solicitorfor Mr..
Gawthrop and Harry Emmons FOR the
church, appearing in court and consuming
thereto the,will and remaining order here
tofore issued was continued until the last
Wednesday, in July 1898