The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-06-18
POOR WIDOW TO GET
COOPER ESTATE CASH
Executors for Son Of Philan-
thropist Must Pay Over
S3l. 1913.
MONEY OWED TO HUSBAND
Ex-Mayor Hewitt Made Stock
Deal With Joseph l..
Cunningham.
MONEY OWED TO HUSBAND

The estate OF Edward Cooper, a son OF
Peter Cooper. phanthropist and Mayor
NJ New York In is79-lSS0. must pay
S3i.7ss to Mrs. Myra G. Cunningham. ac-
cording to a judgment filed in the County
Clerks Office yesterday.
Mrs. Cunningham IL the widow OF
Joseph l.. Cunningham. at one time AS
semblyman from Paterson, y. j.. ana
well known promoter Of industrial en-
tcrprises both In New York and New Jer-
sey. lie left his wife almost penniless
on his death in 1906.
The Judgment against the Cooper estate
was entered on the verdict of a jury be-
fore Supreme Court Justice Giegerich in
a suit brought by Mrs. Cunningham as
administrative OF the estate OF her hus
band and against John l.. Parsons and
Lloyd s. Bryce. executors. and Edith
Cooper Bryce. executrix. Of the Edwair
Cooper estate. The judgment roll IN
the case dscloses a bitter fight against
tho widows claim by counsel for the
Cooper estate and a final effort by the
attorneys to delay the action for months
when IL was on the eve OF trial
The jury's verdict In behalf OF the
widow was based largely on the testimony
Of George y. MekleJohn. Assistant Secre-
tary of War in President Mckinley's
Cabinet during the Spanish American
var who came here from Omaha, Neb..
10 testify for Mrs. Cunningham. John
w. Griggs. former Acknowledgement of
the United States. was also ~ witness for
the plaintiff.
sells stock for Hewitt.
The complaint set forth that the late
Abram :. Hewitt and his brother-in-law.
Edward Cooper. were members OF the firm
90
Burling slip. and owners OF the Trenton
Iron Works. Mr.. Cunningham had
worked for the firm as a boy and in his
later years as a promoter was frequently
called in to render services for the hrm
nv Mr. Hewitt In 1899 the firm was the
owner of 1000 shares OF stock OF the
Trenton Water Power Company. which
Mr.. Hewitt had tried unsuccessfully to
sell for 100000.
Mrs Cunningham alleged that ex-
Mayor Hewitt told her husband that IL
he would sell the stock he could have
half of any sum he got for II above $780,
900. Mr.. Hewitt agreeing TO give his half
to Cooper Union.
On August r5 1899, Mr.. Cunningham
SOLD the stock to the Bay State Gas Com
pany for 100000, which under the agree
ment entitled Mr.. Cunningham to 100000
commission. The gas company paid Vs.
600 to Mayor Hewitt when the stock was
delivered and agreed to pay the rest In
ninety days. but meanwhile the company
went into bankruptcy.
When Mr.. Hewitt died in 1903 he as
signed his interest In the claim against
the gas company to his partner. and when
Edward Cooper died In 1905 his estate
continued litigation to collect the amount
due. In 1905 the receiver Of the gas COM
plnv paid the Cooper estate the entire
amount due. with interest, making the
total paid SlSS.6l2.
Money Lacking for Lawyer.
Two months after the money had been
raid to the Cooper estate Mr.. Cunningham
died insolvent In Paterson. His widow,
who is now past GO years old. knew or her
husbands claim against the estate, but
had no money TO engage an attorney to
prosecute her claim and didn't know about
her legal rights. She finally engaged
David H. Bil1er of Paterson to bring suit
The complaint admitted that $4,000 had
been paid on account OF Mr.. Cunningham's
claim before Mayor Hewitt's death and
asked judgment for a balance OF $4,000.
The answer OF the Cooper executors al
legged that Cunningham was to get only a
commission Of per cent OF the purchase
price OF the stock II the money was paid
in ninety days. The answer admitted that
s1s9.612 had been received for the stock.
but stated that the expense OF the litiga-
ton had been s26. 1i2 making the net sum
received only sl63.t69. The estate asked
that the suit be dismissed.
The way In which eX-Assistant Secre-
tary of War Meiklejohn came 10 be the
chief witness for Mrs. Cunningham is In
teresting. Mr.. Cunningham had been as
ISOLATED In various ventures with Vice.
President Carrot a. Hobart for years and
through the Vice-President he was intro
duced TO Mr.. Meiklejohn in Washington
during the Standardization war
Meklejohn invested In stocks on the ad-
vice OF Cunningham and the investment,
turned out unsuccessful later Cunning
ham then gave his notes to Meiklejohn for
tho amount he lost and said he would be
able TO pay when he collected the money
owed him by ex-Mayor Hewitt.
Ex-MayOr Confirms story.
Mr. Melslejohn then came to New York
TO see Mr. Hewitt, who confirmed Gun
ningham's story OF the terms under which
Cunningham sold the stock. Mr.. MeilVle.
John testified to this effect at the trla
and his evidence was corrOborated by ex
Attorney General Griggs. who had ais
talked with Mr. Hewitt about the none,
due Cunningham
The jury brought In a verdict accord.
ingly and also decided that the fair vaiu,
of the legal services rendered by the at
torneys for the Cooper estate in collectinl
from the gas company was only $4,000
Justice Giegerich then ruled that tn,
amount due Mrs Cunningham was S34
79s, although her lawyer contended tina
his client was entitled to additional In
terest which would Increase the judgmen
10 $4,000.