New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-05-25
LAW INTEZLIGENCE
TIE BURDELL ESTATE.
suRROGATE'S COURTNEY s5.-Before A. W.
BRADFORD

TIE BURDELL ESTATE.
suRROGATg'S COURTNEY el-Before A. W.
BsApFOko.
rs THE MATTER or THE ESTATE of DIR. BvRpkLL'
A motion pss made this morning on behalf OF Dr.
BurdeIs relatives TO take out commission to exa nine
witness in California, named Whitehead {. HYDE,
upon an affidavit of Mr. Charles Edwards, which sets
forth that Mr.. Hyde was expected to prove that he
bad been fcr the past two year. engaged to be married
10 MR. Cunningham. and that they had kept up cor
respoudence comfortable to such relation between
them up to the 10th of December, 1864 month and
half after the date of the alleged marriage. The
following Is
Mr.. EDWARDS AFFIDAVIT.
Cify end Couass IF Ncr York sa-Chaes Edvsra being
svolL akeh oath that very short time and daring the
present month ths deponeni ssceraned that one hehad
sitter Of the sppic alton for letters Of administration the
property Of Harvey Bud- snd opposition 10 the spPica'n
en ts.on De- fairly sni justly closed
without the testimony of said Hyde through whom Is AK
and the said Emma Augusta Cunning
hem engaged be married and intended TO De married
G Gs.iR Il .d Berdc and that she wrote .d Hy
forming p.rt Of such correspondence 10 about the 18th day
relation thereof respectable that he fully
beye. its truth AID this Opponent further saith nat tae
as this ieponen; informed believes such n;ora
ton coming from the direct friends Of the ssia HYDE
Sworn a: the City Of New York; the lssh Of May. ls5l
WIN. KlfLEi, IoninssioneE OF DEEDS
In reply. two afidavts were put in by the opposing
counsel.
MRS. cUNNISGHAM-BURDELLS AFFIDAVIT.
Gin and County Of Ne,e. YORK u-Emus A. Burie form.
-rly Emma Cunnn Of No. 81 Bond street IN the said
Widow OF the uc Harvey Burde OF .aia city deceased that
her Gilbert Dean has read 70 her copy OF the affidavit
Of Charles Esq and copy the adavs Of Gcorse
D. Buen "a has informed epouen, ths, affidavit. Of which
the deponent copies motion is TO be made
esop to To .ts he testimony Of W Hyde and spSaea
further that she has fully and fairly stated 70 her said cn
with the said Hyde aud tina, she is advised BY her said
verify believes after such statement made sio
said the Testimony of said HYDE wholly mmaserial TO
The i,.u- pending in this Court
Derurut further of her knowledge and not on u-
orntou belief that she hiss said Hyde in
twenty last past has said Hyde to Opponents
Deronrn farther says Of her own knowledge tina. the
tim OF tie murder The Harvey BurdcI she not
under arrangement for marriage with the said
HYDE and that said ensasement was not then suo
rps end had no, been KEEP; vital Dung the ehe Peoa .,
nor true that any such Arrangement promise or c9ntra
with ponent during the Spring OF thepre'en year or al any
D,popent further says Of her knowledge that she did
not b. married during the present Spring to said
Hyde and Mat it not true that she aud said HYDE mad been
nding for than year PeNou. to the DEAN OF sara
Bude and that she wrote letters to the said Hyde up to
the 10Th day Of pseem6e, lat use written e,,. to said
Ed Of any kind since the 18th day OF ocober ast
York namely than twenty ago she had known
that the death OF her former husband Georse
ID which occurred in June, 1854 and prior 10
October D. 1885, deponent has written TO SAID hyde three or
four ,t,ers-eponet believes but threewhich said letters
were partly business relating said o. Cunningham de-
partly reply 10 letters OF said hyde OUT hat no
er her AZ any time on any or under any
ccunstances contained any promise agreement or under
standing il reference to any marriage or contract OF masse
either OF said letters part or parts thereof any refer
whatever To any such event -,
Deponnt further that from the omission OF the names o.
tie persons communicating the information which SAID
Etwsds and Buen have obtained in regard to said HYDE
deponeut believes that the only object the part OF said
Buen j. TO obtain delay and TO Nex ana nsrrns opponent
establishing her right. as widow OF sad Harvey buIte os
said sdavt substantially published ~ the new
publications part Of this her ahdavi 70
show ed publications and as ono of he paper on Waen 70
'P sworn a before ne th. 2ai of May 1851
J. A. SrourENBuRc Com. of Deeds
MRS. HYDEs AFFIDAVIT.
Ctr and County u-Locads Hyde, widow Of Burnett Hyde,
Of No ieks street Brooklyn in the County Kings being
duly deposes and that hehead e. hyde Oh san
Jos1uin in the State of California ia nephew of Opponent;
that he has the State of New York twenty
one years last past and for at least eighteen years last past mas
resided in California Deponent further says that she has known
Mrs Burde formerly Cunnng ham fl more than twenty-five
years. and when she small g that sue mas peru &c
Guane with that time until present that she knew
wLn she married g Mr. Cunningham more tnn nineteen
tbs I.t OF February she heard OF anything
sgust her character lady aud vTtuous woman ponent
between d, ponent aud said Mrs Burde hen Cunningham
in NAV or June told depouen that she expected Ia
h. married 10 Dr. Burdel that time after said
ion and deponent believes n the hall OF 800 OPPONENT IN
h. presence brother OF w C. hyde and deponent dsugh
ct and others repeated this between her aud
Mrs. Bur. hat she had yet heard Of the
nsrrisge supposed would Deponent further
avs that nitehead C. Hyde often writes To depOnent,
nd that known heard contract engage
marriage between said w e. HYDE aud
aid Mrs Pure Deponent further that from the rela
ions existing between W. C. Hyde and also the acquaintance
between herself and Mrs Burde, she verify believes she
would have the fact II any marriage contract engage
eut or uuderst dng had existed between Hyde and said
Mrs Burdel And further deponent saith not. -
'''' LOCADA HYDE.
Sworn before me this 22d day Of May, 1851
J. I. STOUTENBURG, Commssioner OF Deeds
These affdayits having been read Messrs. Dean
and Clinton opposed, and Messrs. Tlden and Edwards
supported the motion in lengthy arguments which
consumed two hours The Surrogate rendered his de-
cison denying the motion, upon the ground that the
afidavts in support not sufficient in law that Of
Mr.. Edwards being sworn to upon knowledge and
information alone, which was the case with Mrs.
Hydes affidavit in opposition while Mrs. Cunning
hams positive oath that she had no correspondence
with HYDE since the 2Sth of October, made the weight
Of testimony in her favor too strong to be overborne
Mrs. Cunningha Burdell was in Court during the
whole of these proceedings, wearing deep mourning.
The case will doubtless 60 on week from Tuesday,
as heretofore announced.
SUPERIOR COURT-TRIAL TERA-MAY 2-Before Judge
WOODRUFF.