In February 2000, Joe duly executed and delivered a deed to his vacation property, Lakeside,
to his son, Howard, and daughter-in-law, Wendy. Howard and Wendy duly recorded the
deed in the county clerk’s office. They recently learned that Joe and his sister, Sis, had
purchased Lakeside together in February 1985 and had taken title as "Joe and Sis, as tenants
in common." Joe died in 2001, but Sis is alive. Sis has never occupied Lakeside. Joe used
Lakeside for one month every summer and rented it out for the balance of the year. Joe kept
all the rent and paid all property taxes and expenses of maintaining and improving Lakeside
until he gave the deed to Howard and Wendy. Like Joe, Howard and Wendy have used
Lakeside for one month each summer, renting it out for the balance of the year and retaining
all of the rent. They have paid all taxes and other expenses. The rent has always exceeded all
of the expenses of Lakeside.
Howard and Wendy recently adopted Child through a private placement adoption. Child was
born November 1, 2005 to Meg who was unmarried. On November 15, 2005, Meg signed
and duly acknowledged before a notary public a proper written consent to the adoption.
Howard and Wendy took custody of Child and duly commenced an adoption proceeding. On
February 1, 2006, an order of adoption was made. Meg had claimed she did not know the
identity of Child’s father. In fact, Meg knew that Don, with whom she was living when she
became pregnant, was Child’s father. Don left Meg when he learned of the pregnancy. Last
week, Meg called Wendy and informed her that Don was Child’s father, that he had returned
and wanted to marry Meg and raise Child, and that she was revoking her consent.
1. What are the rights of Howard and Wendy in Lakeside?
2. May Meg now effectively revoke her consent to Child's adoption?
3. May the order of adoption of Child be vacated on the ground that Don never consented?