Timeline Stories

Charles Mulford Jenkins was a partner from 1850 to the mid 1890’s.  In January 1900, at age 90, Jenkins died, having been the oldest practicing lawyer in Albany. Jenkins joined the firm in 1850, as a partner of Teunis Van Vechten and Duncan McMartin. Shortly thereafter, Van Vechten retired due to illness and Paul Fenimore Cooper joined the firm. McMartin left in 1854, and the firm became known as Jenkins & Cooper and remained so for the next three decades. While Jenkins was well versed in the general practice of law, his principal client was Stephen Van Rensselaer IV and, after his death, the Van Rensselaer estate. The Van Rensselaer “Patroons” were Dutch landowners who received their real estate titles from the Dutch crown when New York was a Dutch colony.  Afterwards, they operated what can only be described as feudal estates in the region (“Manorial Titles”).  Abraham Van Vechten, the firm’s founding member, represented Stephen Van Rensselaer III, who was known as the “Good Patroon.”  Van Vechten’s friend and fellow Federalist, Alexander Hamilton, though widely praised as the leader of early American capitalism, drew deeds which tied the tenant farmers to the Van Rensselaer land in a manner that was feudal but technically avoided the legal prohibition on feudalism in the guise of an “incomplete sale.” Stephen Van Rensselaer III died in 1839.  During the 1840’s, the tenants of his lands, prompted by his heirs’ effort to enforce rents, fought an armed rebellion (known as the Anti-Rent Wars) to eliminate all vestiges of feudalism from Upstate New York.  As a result, the type of lease that tied the tenant farmers to the land was made unlawful by the 1846 New York Constitutional Convention. Nonetheless, legal battles followed over back rent and Jenkins and Cooper represented the rent claimants.  The State, on behalf of the tenants, challenged the validity of the manorial titles.  In 1853, Charles M Jenkins, achieved a victory on behalf of the Van Rensselaers in the  significant Court of Appeals decision People v. Van Rensselaer, 9 N.Y. 291 (1853), where Court held land titles devolving from the Dutch crown were valid and enforceable.

Thomas M. Whalen III was a firm partner from 1964 to 1988. He was educated at Manhattan College and Albany Law School. He was politically ambitious, and a protégé of partner Eugene Devine who connected him with legendary Democratic party leader Dan O’Connell. In 1969, with the help of Devine, Whalen was elected as an Albany City Court Judge where he served until 1975. In 1981, he was handpicked by longtime Albany Mayor Erastus Corning to be his successor. In that year, Whalen was elected as President of the Albany Common Council, and became mayor on Corning’s death in 1983. He served for three terms, and was considered to have reformed and modernized Albany’s finances and instilled a new civic pride in its citizens. While he was mayor in 1987 the firm merged with Nolan & Heller and became known as Cooper, Erving, Savage, Whalen, Nolan & Heller. After Whalen withdrew from the firm in 1988, due to conflicts of interest, the firm was known as Cooper, Erving, Savage, Nolan & Heller. The firm subsequently demerged in 2001 and again became known as Cooper Erving & Savage. Upon his retirement as mayor he returned to the firm. In 2002, Whalen died in a one-car automobile accident. It should be noted that Whalen was the second firm member to serve as Albany mayor. Teunis Van Vechten was a four term mayor in early 19th Century.

William Van Rensselaer Erving was a partner the firm from 1925 to 1940. Erving was born in 1871 in New York City, a descendant of the Van Rensselaer patroons. He was educated at private schools in New York City after which he received his law degree from Albany Law School. He relocated to Albany and became involved in Republican politics led by the Barnes machine. In 1920, he ran for Albany mayor in a highly contentious race and lost to the Democrat William S. Hackett. This ushered in Democratic Corning/O’Connell organization which controlled Albany politics for the rest of the twentieth century. Erving became a partner of the firm in 1925 and the firm became known as Cooper Erving & Savage and remains so to the present. His expertise was in corporate and trusts and estate law, and was known to be a strong advocate for his clients. For 35 years Erving was a trustee and secretary of Albany Savings Bank, a major firm client. He managed the William P. Van Rensselaer Estate Corporation, which was organized to handle the Van Rensselaer family holdings. His principal hobby was navigation, and he was an avid member of the New York Navigation Institute. Erving died in 1940 at age 68.

Harry S Christenson was a firm partner from 1952 until his death in 1980. He attended Manhattan College, graduated from Albany Law School and was admitted to the bar in 1939 at age 23. He entered into private practice, which he left to serve as an Army captain in World War II. At the end of the war he returned to private practice, and, in 1952, he joined Cooper Erving as a partner. He was a strong and tireless advocate for his clients, which were numerous. One his noted cases was for his client Dr. Albert Vander Veer, a prominent Albany surgeon who was completely disabled as a result of being hit by a golf cart. In the personal injury and product liability suit that followed Christenson served as co- counsel with famed trial attorney Al Julien. The result was a substantial jury verdict, reported to be the then highest ever awarded in Albany Supreme Court. The incident also produced another lawsuit relating to Dr. Vander Veer’s disability insurance policy. This case resulted in a significant precedent in New York’s highest court, the Court of Appeals. The Court found in Vander Veer v. Continental Casualty Co., 34 NY2d 50 (1974) Click here for decision. that Dr. Vander Veer had, as a matter of law, materially misrepresented his medical history, despite the jury verdict and Appellate Division findings of fact to the contrary. Christenson served as an Albany City Court Judge from 1956 to 1958, and was a member of the Albany City Planning Board. Judge Christenson was a director of First Trust Company and trustee of Albany Savings Bank and was also very active in the community. He served on several charitable boards, including St. Peter’s Hospital, Bender Laboratory, Christian Brothers Academy and LaSalle School. He died in 1980 at age 64.

Frederick Townsend II was a partner of the firm from 1899 to 1920. Townsend was born in 1871, a descendant of one of Albany’s oldest families. He attended Albany Boys Academy where he excelled, graduating at the head of his class. He went on to Harvard College where he graduated Phi Beta Kappa. He then earned his law degree at Harvard Law School. After law school, Townsend returned to Albany and entered the firm, then known as Tracey, Cooper & Rathbone. In 1899, after Rathbone went to New York City, Townsend became a partner, and the firm became Tracey, Cooper & Townsend. Townsend’s forte was banking. During his law career he was a trustee and attorney for the Albany Savings Bank. He then became its president, and served in that capacity until he retired in 1941. He was also served as vice-president of State Bank of Albany, Treasurer of the Van Rensselaer Land Company, and as the president of the Albany Home for Children. He was also as a trustee of Albany Medical College and Dudley Observatory. He died in 1949 at age 78 having lived a long and distinguished life.

Eugene P. Devine, Jr. was a firm partner from 1981 to 1985. He was the son of longtime partner Eugene P. Devine. After he withdrew from the firm, he became the Albany County Public Defender and Chief Counsel to The Albany County Department of Social Services. He went on to be elected as a New York Supreme Court Judge and serves on the Appellate Division of the Third Department.

Eugene P. Devine was a firm partner from 1947 until his death in 1974. Born in 1912, he attended Niagara University and, in 1940, obtained his law degree from Albany Law School. He then joined Cooper Erving & Savage and in 1947 became the third partner of Irish descent, following James Tracey and Edward Rooney. As many prior partners, he was involved in Albany politics. He was a confidant of the legendary Democratic boss, Dan O’Connell, and was elected Albany County Treasurer in 1956 and served as such for several terms. He also was the chairman of the Albany Housing Authority. In addition, he was a director of Hedrick Brewing Company, a well- known O’Connell-owned entity. Devine was a director of First Trust Company and trustee of Albany Savings Bank. On a personal level, he was known for his keen mind and sharp wit. A lifelong smoker, Devine died of lung cancer in 1974 at age 61. His son Eugene “Gus” Devine was a firm partner from 1981 to 1985, and now serves as a New York Supreme Court Judge on the Third Department Appellate Division.