The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-05-23
TIE IT UP TIGHT.
Half of John G. Cooper Estate
in Court.
Judge WhitcOmb Holds It Must
Remain Intact.
PROVIDES FOR CHILD.
Income From the Monroe Street
Property for Infant.
Husband Must Continue to Sup
port His Wife.

Nearly One-nalI OF JOnn u. cooper >
$4,000 estate was tied up today under
decree written by Judge Whitcomb
in the sensational divorce suit. Cooper
must pay the bulk of the costs, the at
torney's fees and two of his most val
liable properties are tied up under the
courts order.
Ample provision is made for Baby
Cooper and the court sets aside the
$4,000 property on Monroe street for the
child's maintenance and education. Lee
Monroe is named as trustee for the in
FAINT heir. The court upholdS the ante
nuptial agreement between Cooper and
his wife, which puts a paddock on the
Ninth and Quincy streets property and
gives Mrs Cooper a one-half interest
in this $4,000 property at Cooper's death.
In his findings Judge Whitcomb con-
cludes that Cooper'S estate is valued at
$36100, from which should be made ex-
emptions of some $4,000 or $1,000 COW
ering liens on the several pieces of real
estate.
1t was nearly five weeks ago when
the Cooper case was tried in the second
division of the district court. Shortly
after the trial, Judge WhitcOmb rem
dered decision, in which he stated in
a general way the findings of the court.
Cooper and his wife are both denied
a divorce. They are not compelled un-
der the decree to live together. but
Judge Whitcomb specifies emphatically
IndL Tie dSOu IUdLTlI1OI1ldl OA AplO4 O1
must provide for his wife's wants un-
der their marital relations and in years
to come John G. Cooper must buy the
groceries and the dresses and bonnets
which his wife'S tastes may demand.
A failure to live up to this order, may
court specifies in no uncertain English
that it means Just what it says.
By approving the ante nuptial agree
ment Cooper is barred from d1SpoS1ng
=
er's death the widow will inherit some
81, 900 from this property plus subse-
quent advances in values. Judge Whit
comb, however, permits both the plain
tiff and defendant to transfer or as
sign property not affected by the de-
cree without the consent of the other.
If at any time. Judge Whitcomb
states. that Cooper should desire the
release of the Monroe street property,
he may secure the same by paying to
the trustee $4,000 in cash to be used as
deemed fit for the care of Baby Coop
err Further than this, it is order
ed that if the revenue from the pro-
perty is not sufficient to meet the needs
of the child, that the property may be
1nortgaged or sold outright and the
funds appropriated to the child's bene-
fit. This protection of little Marion
Rernice Cooper shall continue until the
child reaches maturity. Then, any u
tie to the property which has not been
Cooper estate. Should the child die
before maintaining its maturity, the
property shall revert to the father and
not to the mother. In this provision
Mrs. Cooper is denied the right to
share in any of the benefits or revenues
from the Monroe street home.
Mother Given Custody of Child.
Mrs. Cooper, though, is given the
custody of the child. At present both
Cooper and his wife are living in the
house at S24 Jackson street which has
been their home since their marriage BY
this arrangement both parents share
about equal privileges with the infant
heir. There is little immediate danger
that this plan will be abandoned ana
while Cooper and his wife are both un-
able to obtain a divorce, their home
will be under the same roof by mutual
consent.
Judge Whitcomb decided that both
p-rties to the suit were equally at fault
Te held that Mrs. Cooper knew her
husbands property rights, or at least
had an opportunity to know them, at
the time she signed the ante-nuptial
agreement. The court also says Mrs.
Cooper has a very uneven temper and
that Cooper's disposition is of the same
brand He thinks Mrs. Cooper erred
when she found fault with her hus-