The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-03-21
HEARS MISS BRANDT'S
SUIT FOR MILLIONS
Court Listens to Bible Quota
tiOns in Support Of Claim on
Ziegler's Fortune.
DECISION Is RESERVED
Girls Fight BASED on Charge
That Annulment Of Adop-
ton Was Illegal.
DECISION Is RESERVED

The Appellate Division Of the Supreme
Court reserved decision yesterday on the
application Of Miss Florence L. Brandt. .
kindergarten teacher OF Davenport, Iowa.
and q sister of william Zieglsr, Jr. heir
to the I'll, zoo. 900 estate Of the late bak-
ing powder manufacturer. to set aside the
order made in tho SurroGate's Court In
1909. vacating her adoption by tho late
william Ziegler in 1898. Mics Brandt 10
appealing from a decision by Surrogate
Fowler denying her reinstatement a. ths
adopted daughter and the right to half the
ZieEler estate.
Miss Brandt 10 the daughter Of George
". Brandt, n half brother OF the late
william Ziegler. and sister OF William
Conrad Brandt, now William Z!egler. Jr.
She was born in Brooklyn In 1856. six
years prior to the birth OF her brother
Her father separated from her mother.
Anna II. Brandt, in 1895. The late VIII.
lam Ziegler then adopted the two children.
In 1902. while Florence BrAndt, then
using the name Of Ziegler. waA attending
a convent in Davenport. Iowa, her father
induced her to consent to tho &nnul-
ment OF her adoption by Mr.. Zisgler. This.
It IL claimed. was four years before she
became Of age. 1t IL also alleged that her
mothers consent was not obtained.
Harry \. Mccartney. arguing IN behalf
OF Miss Brandt, yesterday said the law of
adoption In New York state provides !:
Nor shall any child that has been
adopted be deprived Of the rights OF adop-
ton except upon a proceeding for that
purpose. with the like sanction and con-
sent al 10 required for an act Of adoption
He said that the law could not conteni-
plate that one of the parents, who WAS
party to the original adoption should be
Ignored In the annulment OF tho adoption
Mr.. Mccartney argued that Surrogate
FnuylAY'o moi hA -
the adoption was legal was based on
''one OF the most cruel and memorable OF
Roman concepts: The state has eiven
and the State has taken away" He said
that Surrogate Fowler's decision stated
that the State Is not responsible to any
higher power In destroying its own crea-
| ton"
"The view taken by tho Surrogate ap.
pears to US narrow one, going no fur
| Their back In his investigation than the
time OF Justinlan." said tho lawyer.
Adoption. however. has been an imme-
mortal custom among men, going back to
the infancy OF the race itself, antedatins
ton or formation OF the State itself, when
custom WAS law and law was simply the
recording OF custom"
| He argued that the FIRST recorded
adoption appeared In the fifteenth chap
ter Of the book OF Genesis. where Abra-
born in my house IL mine heir" He
said that the first code OF written laws,
the Mosaic code. written by one who was
himself adopted. antsdated the iaws O.
Justinian. on which Surrogate Fowler re.
lied, by 1000 years. He referred TO the
account by Moses Of his own adoption by
Pharaoh's daughter In which he said :
| And he became her son."
John NJ. Bowers, arguing In behalf Of
the Ziegler executors and William ZieS-
Ter, Jr., said that because Miss Brandt
mother was divorced by her father prior
to the adoption proceeding her consent 10
the adoption Of her daughter was not
necessary. although the divorce decree was
silent as to the custody Of the two children.
Mr.. bowers insisted that since the mother
was not necessary party to the sdop.
| ton II could not be argued that notice
should be given her Of the snnulment of
| the adoption.
Mr.. Bowers also said that Miss Brandt.s
delay In making her application should
bar her claim.