Evening star., 1950-06-02
Custody
Continued From First Page.)

Joucnlngly OF the courts dilemma
in reaching a conclusion. He said:
I'm this case, the court. equip
ped with limited mortal powers, is
called upon to exercise the pro-
verbal wisdom of Solomon and to
render decision which will inure
to the lifelong benefit. advantage
and welfare of an innocent
child
Her wide-eyed interest in the
courtroom proceedings, inter-
rupted periodically by an appre-
ciative lick of a lolipop of the all
day variety, and her unconcealec
interest in the behavior of hel
identical twin impressed on the
court the seriousness of the deci-
sion, which I must render as wei
as the far-reaching possibilities oi
that decision.
only the all-seeing eye OF
Almighty God can forsee the path
Of this child's journey through
the unfolding years as she
traverses life's tortuous ano
stormy way over a ruote initially
selected for her by this, or some
higher court.
THE accumulated legal wisdom
Of the ages. amassed in the IL
braries of the world Is of little aid
to a court which cannot peer ac-
curately even one day into the
future in its effort to answer the
predominant and basic question
Wherein lies the best interests
Of this child?'"
Judge Tamm then reviewed the
entire case, which arose on a mo-
ton by Mrs. Nicely to set aside
the adoption petition filed in No
vember, 1948, by the Beckers. In
the same action Mrs. Nicely's
mother made an intervening mo-
ton to gain Joyce's custody At
no point. the judge noted. did
Mrs. Nicely herself show any in
terest in getting custody of her
daughter.
H0spitalized for Pneumonia.
Mrs. Nicely, 81. married Robert
Nicely in 1912. After his induc-
ton into the Army a month later,
the couple saw each other peri
odlcally and the twins were born
on November 18, 1943. The hus-
band was killed in action a year
later.
AT the age Of 4 months after
both twins had been hospitalized
for pneumonia, Joyce was handed
into the keeping of the Beckers,
while Joan's care was entrusted
to Mrs. Smith.
About three years later Mrs.
Smith, in the absence of her vaca-
tioning daughter. got Mr.. Becker
to sign paper agreeing that he
would return Joyce to Mrs. Nicely
when the child was years old
so she could 60 to school with
Joan.
Just before Joan's 5th birth
day, however. Mrs. Nicely in a
notarized agreement with Mr.
Becker consented to his adoption
OF Joyce. Observing to Mr..
Becker that she needed money,
he opened a joint bank account
in his and Mrs. Nicely's name and
deposited $3.50. During the en-
suing year Mrs. Nicely withdrew
all those funds until the account
was closed, the judge said in his
review Of the case.
1t was not until January. 1s4s,
that Mrs. Smith learned of her
daughters consent to Joyce's adop-
tion by the Beckers. Mrs. Smith
promptly decided to intervene in
the case and in May, 1949, Mrs.
Nicely filed motion to set aside
the Beckers' formal petition of
adoption. Mrs. Nicely's chief
grounds were that the Beckers got
her earlier consent to the adop-
ton by "duress and undue In
huence."
Separation Of Twins Protested.
The Board of Public Welfare,
as well as a court-appointed tenn
porary guardian, Attorney Jacob
Permut, both recommended that
the court award Joyce's custody
to her natural mother in the
child'S best interests. The We'll
fare Board pointed out that Joyce
as a twin, should not properly
be taken away from her sister
and that. although the Beckers
gave the child reasonable care, !"
they allowed the child to keep
irregular sleeping hours. Attor-
ney Permut recommended that