New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-07-20
AVIATOR'S WIDOW
DEMANDS 100000
To Sue Motor Company,
of Which F. E. BOland
Owned Half, She Says.
HUSBAND KILLED
IN TRINIDAD FLIGHT
She Alleges Engines Shipped to
France Were of His Design
Charges Fraud.

Papers were prepared in Newark yes
terday in suit for 100000 against
Inglis VI. Uppercu and the Aeromarlne
Plane and Motor Company, a New York
corporation, with plant at Nutley, n.
J. Charges are made that fraud was
resorted to in an effort to bar Mrs.
Lavinia Boland, widow of Francis Z.
Boland, an aviator, killed at Trinidad,
British West Indies, January %, 1918.
from participation in the benefits Of a
corporation in which her husband held
half-interest.
Abner Kalisch, representing Charles
W. Foley, administrator Of Boland's es-
tate, declared last night that sum-
monses would be served late to-day.
The litigation will involve a motor car
Uppercu, it is alleged in the bill of
complaint, converted to his own use
and disposed Of to the concern a patent
of a crank shaft which is being used
in motor cars turned out by that COM
pany.
The suit will be instituted in the
New Jersey Supreme Court, and, &C
cording to Mr.. Kalisch, will be fol-
lowed by other proceedings in New
York, where an attempt will be made
to collect royalties on a number of Bo-
land machines which are said to have
been disposed of by the defendant COM
pany, of which Uppercu is president.
An effort will be made to show that at
least twenty aerop!ane engines shipped
in the steamship Baltic to France were
of the Boland type.
The Aeromarine Plane and Motor
Company is an outgrowth of the Boland
Aeroplane and Motor Company, and for
more than two years Mr.. Foley has been
endeavoring to get an accounting of
| the concern, with a view of determin-
| ing the rights of the avator's widow,
who inherited the half-interest of her
husband He alleges that Uppercu and
his colleagues in the new company have
ignored Mrs. Boland.
1t is said that with the death of
Boland the plans, models and patents
of which his company was Possessed
and in which he held a half interest
were "unlawfully turned over" by Up
percu to the defendant company. The
half interest of Boland is valued at
100000, and included in this sum is
$4,000 representing gate receipts from
exhibitions given by Boland before his
fatal flight in the West Indies.
There is also deposit of $3.50 which
Boland left with the proprietor of the
Queens Park Hotel at the Port of
Spain and which, according 70 a letter
in Mrs. Boland's possession, was turned
over to the defendant company under
authority of a letter from Joseph J.
Boland a brother of the dead aviator
who is affiliated with Uppercu in the
Aeromarine Company. This letter in
dicates that the aviator was known to
the hotel proprietor as a single man,
and he referred TO this fact in justif-
cation of his recognition of the letter
from his brother as a claimant of the
dead mans savings.
Mr.. Foley declared that it will be
shown in the proceedings that Uppercu
and Joseph j. Boland visited Mrs. Be-
land at her home, % Grace Street, Irv-
inGton, and sought to have her part
with a single share of the stock she
had inherited from her husband. They
offered her 5000 for the share.
In July, 1914, Uppercu, having ad-
vanced $4,000 to the Boland Company,
obtained a judgment for that amount.
Miss NJ. L. Weiland, a stenographer in
the office, was made president of the
company at the time, and she confessed
judgment for Uppercu's benefit. Miss
Weiland had given the power Of attor-
ney to Thomas A. Hill, a lawyer, of
1921 Broadway, and upon the strength
of this authority Hill obtained certain
patent rights, it is said.