Delaware State journal and statesman., 1857-08-28
The Cunningham Marriage.

The Surrogdte's Deeision-She is pronounced not
10 be DR.. Burdehs lBidoio.
To half dozen reporters and clerks, and two
or three lawyers, only one of those engaged in
the cause, MIR. Chas. Edwards, Icing present,
the Surrogate announced decision in the ease
u Mrs. Cunningham, adverse to her claim to
letters of administration as the widow of Dr.
Harvey Durdel. The excitement which this
woman has created in the city and country since
the 3lst Of last December was in striking con
trast with the calm and composed manner in
which the decision upon this important branch
of the case was made known, the announcement
being made by the Surrogate's reading the fol-
lowing
ORDER:
SURROGLrK'S C0URT-C0UNTY OF NEW YORK
In the matter Of the Estate of Harvey Burie deceased
"Audusr ~, lsbT-let an order be entered declaring
that the claimant, Emma Augusta Cunningham, Ia not
the widow of the decedent and directing letters
minAton to be issued 10 the dscedents Of Kin on
giving the proper security A. W. BRADFORD"
The Surrogate's decision fills sxty-fye fools
cap pages. After preliminary legal observations
reviewing the testimony in relation to the Her
kimer alibi, he arrives at the conclusion that
DR.. Burdell was in Herkmer on the 18th, 10Th,
and 9th days of October last, at the time
Augusta Cunningham swears he wns in New
York making preparations for the marriage
He then goes over the evidence of Helen and
Augusta, concluding that Augusta stands con-
tradcted in many important facts, and is in di-
rect collision with the evidence showing that he
was at Herkimer.
He concludes, with regard to the testimony
OF the Rev Mr.. Marvin, that it shows some
semblance between the person married and DR..
Burdell, but no more than might be expected in
an attempt to simulate marriage, and that
there is no recognition or identification.
He traces the intercourse and intimacy Of
the parties, and shows that they were on good
I,,1., lsns..
arose, and especially that from 231 of October,
the date Of the settlement of the suit for Sian
der, down to the time of his death, they CON
tinued upon bad terms; that from the terms OF
the settlement and various documents, and there
being no Capitalization, and constantly treating
each other as single; from he's signing, en-
dorsing, and executing papers by her own name;
from atiidavits in which she is described by her
own name from the circumstance that she had
lease of the house; from his continued efforts
to compel her to leave the premises, up to the
day Of his death from her never asserting
during all these controversies that she was his
wife, and making that claim for the first time
after he was dead from all these circumstances
he concluded that they were not husband and
wife, and that it was pretended and not a real
marriage.
The Surrogate bases his decision upon the
following points;
1t becomes my duty TO pronounce against the
allegation of marriage. The reason leading to
this conclusion may be summarily stated thus
l. The marriage was clandestine-and there
is no presumption in favor of secret marriage
neither preceded nor followed by cohabitation
2. The clergyman selected was unknown tC
the parties.
8. The place appointed was distant from III,
decedent's residence.
4. The only witness chosen to be present wa.
one Of the daughters of the claimant
8. The witness is oontradicted by her OWL
statements made under oath at different times
and by other evidence.
8. The certificate of the marriage affords n,
evidence of identification.
I. The certificate is incorrect as to the nam
Of the decendent, and evinces ignorance or er
ror as to the place of his nativity.
8. There was suspicious circumstances attend
ing the transaction.
g. The marriage was not confidcd by tn
claimant to any member of her family, save one
10. There was no private or public &C
acknowledgement, no cohabitation, but the alege
parties lived as single persons.
". On the part Of the claimant there wer
confidential relations with another person in r,
spsct to whom the decedent charged improps
intimacy.