Daily Nashville patriot. [volume] (Nashville, Tenn.) 1857-1858, 1857-08-31
The Cunningham Case Decided.

In the Surrogate's Court of New York, on Mon
day, Aug oath, before Judge Bradford, the Court
made the following order, founded on a written
opinion: "Let an order be entered declaring that
the claimant, Emma Augusta Cunningham. ia not
the widow OF the decedent (Burdel and directing
letters of administration 70 be issued to the decd
eDt's next of kin, giving the property security"
The reasons Tor this decision are summary
thus:
l. The marriage was clandestine, and there is
presumption IN favor Of secret marriage, neither
preceded nor followed by cohabitatiou
The clergyman selected was unknown 20 the
parties.
3. The place appointed was distant from the de-
cedent's residence
4. The only witness chosen TO be present was
one OF tn da lighters of the claimant
8. The witness is contradicted by her own state
ments made under oath at different times, and by
other evidence.
8. The certificate of the marriage affords no evil
dence Of Identification.
T. The certificate is incorrect as to the name OF
the decedent and evinces Ignorance or error as to
the place of his nativity
8. There suspicious circumstances attend
ing the transaction.
9. The marriage was not confded by the claimant
to any member Of her family, save one.
10. There DO private public acknowledge
meDt, no cohabitioH, but the alleged parties lived
single persons.
IL On the part Of the claimant there were con.
hdential relations with another person, in respect
to whom the decedent charged improper lntima-
macy
IL. The terms of the settlement of the suits 81
legged to have led to the marriage, in writing,
and exclude the assertion of other terms.
IL. The marriage took place after the settlement
had been concluded and carried out.
II. The claimant executed written instruments
rage. She assigned judg ment, he drew check
TO the order. She endorsed it, and he swOre to the
affidavit, in all which she described by her own
name.
lease of the house.
16. Shortly before the decedent's death she re-
leased all causes of action, and abandoned her
agreement for lease.
II. He spoke of her with cOntumely and re-
proach, and made repeated declarations against
marriage
IS. He was determined to compel her to leave
the premises, and a new lease another party was
about be executed.
10. The marriage was first announced after his
death.
This is not case where the proofs have left the
mind Of the court in doubt. Not only are they IN
sufficient to affirm the marriage, but in my view
they utterly negative and overtuTn 1t. There Ii
not solitary sign of that relation, out at every
point facts stand out wholly inconsistent with a
matrimonial union from the 23d OF October unit
the decedent was carried to bis grave; speech, VIII
ting, and actions-which express more than ethel
constantly proclaim that the parties were single
The Surrogate concludes his opinion, which il
very lengthy thus:
series of circumstances, such as in Providence
has been developed in this case, showing at every
step and link connected and harmonious chain oil
evidence against this pretended marriage, cannot
be fabricated, it the result of natural process;
strikes the mind with irresistible force and leads to
entire satisfaction and conviction, that the dece-
happy death.