In re Estate of Leichtenberg

Victor Mueller, the son of Anna and Jacob Mueller, was born a resident of the State of Wisconsin and resided therein with
his natural parents until he was ten years of age, at which time, in 1918, he was taken to Chicago, Illinois, and immediately
adopted by his aunt and uncle, Barbara and John Leichtenberg, who were residents of that city. The child became homesick in
his new environment and after living with his adoptive parents for only two weeks, was returned to his natural parents in
Wisconsin, who, thereafter in 1920, filed a petition in the county court of Washington County, Wisconsin, to readopt this
child. The Leichtenbergs having consented to such action, a decree was subsequently entered which provided, among other things,
"that said child shall be fully restored to its natural parents as fully as though no prior adoption had been made." Although
Victor continued to live with his natural parents until the date of his marriage, he at no time either visited or corresponded
with the Leichtenbergs. John Leichtenberg died testate in 1936 and at the proceedings which followed in the probate court of Cook County, it was
found, without objection, that he left no natural or adopted children surviving. Upon the death of Barbara Leichtenberg in
1952, a similar finding was entered by the same court. This time, however, objections thereto were filed by Mueller and appeal
taken by him to the circuit court of Cook County, which held that the readoption of Mueller did not alter his right to inherit
from his first adoptive parents. Upon appeal by certain blood relatives of the decedent, the Appellate Court for the First
District reversed and remanded on this proposition of law. Appeal has now been taken to this court.