The Coopers of Long Hill

Document J.107 · Newspaper, Directory, and Misc. · transcription: verbatim

The Leavenworth Weekly Times (Leavenworth Kansas), Thursday Feb 12 1903 page 8, PUBLICATION NOTICE — partition-suit caption in District Court of Leavenworth County Kansas, dated 4 Feb 1903, attorney F. P. FITZWILLIAM. Property: Lot eleven (11) in block five (5) Day's subdivision to the city of Leavenworth, Leavenworth County Kansas. Plaintiffs: Lizzie M. Merrell + Ellen A. Park + Julia E. Vories + Frances E. Cooper. Defendants: Jennie E. Young + Eli S. Young + Frederick S. Cooper + John Vories + George B. Paine + Kate Paine + Tracy Paine + Winifred Paine + Eli S. Young as executor of the last will and testament of William Merrell, deceased. = primary-source attestation that Frederic Stephen Cooper (= [G.95](../G-Cemetery/G.95.yaml) Chris Cooper's 2-greats-grandfather) was a co-owner of a Leavenworth Kansas city lot in 1903 alongside multiple Merrell-family heirs of decedent William Merrell whose estate was being partitioned. Defendants must answer by 23 March 1903. Cooper-Merrell family-property connection at Leavenworth Kansas primary-source-locked to 1903. 'Frances E. Cooper' as plaintiff vs 'Frederick S. Cooper' as defendant in same caption may indicate (a) two different Frances Coopers; OR (b) Frances J. Merrell Cooper [Fred's wife, plaintiff via her Merrell-side interest] vs Fred [defendant via his husband's interest in same lot] — typical caption convention in partition suits where co-owners can appear on opposite sides of same caption.

Transcription and notes

Data — verbatim transcription

PUBLICATION NOTICE.

State of Kansas, Leavenworth County, ss: In the District Court of Leavenworth County in said State.

Lizzie M. Merrell, Ellen A. Park, Julia E. Vories, and Frances E. Cooper, Plaintiffs,

vs.

Jennie E. Young, Eli S. Young, Frederick S. Cooper, John Vories, George B. Paine, Kate Paine, Tracy Paine, Winifred Paine and Eli S. Young as executor of the last will and testament of William Merrell, deceased, Defendants.

To Jennie E. Young, Eli S. Young, Frederick S. Cooper, John Vories, George B. Paine, Kate Paine, Tracy Paine, Winifred Paine, and Eli S. Young, executor of the last will and testament of William Merrell, deceased:

You and each of you are hereby notified that you have been sued by the plaintiffs, in the district court of Leavenworth county, Kansas, in this the above entitled action to make partition of the following described land, to-wit:

Lot eleven (11) in block five (5) Day's subdivision to the city of Leavenworth, in Leavenworth county, Kansas, among the parties hereto according to their respective interests; if such partition can be made without manifest injury; but if such partition cannot be made said land above described to be sold by the sheriff of Leavenworth county, Kansas, upon an order of the district court of said county, in the same manner as in sales of real estate on execution at not less than two-thirds of the valuation placed thereon by commissioners duly appointed.

And that unless you and each of you, said defendants, answer the petition of the plaintiffs herein on or before the 23rd day of March, A.D., 1903, said petition will be taken as true against you and each of you, said defendants; and judgment in this the above entitled action that the lot above described be partitioned according to law if such partition can be made without manifest injury, but if such partition cannot be made the property to be sold according to law, barring and excluding you and each of you, said defendants from all and any right title, claim or interest, actual or contingent and equity of redemption and other rights whatsoever, that you and each of you may have, enjoining you and each of you, said defendants from ever setting up any right, title, interest or claim in or to the above described lot (tract of land) will be rendered against you and each of you said defendants.

Dated this 4th day of February, A.D., 1903.

LIZZIE M. MERRELL, ELLEN A. PARK, JULIA E. VORIES, FRANCES E. COOPER, Plaintiffs.

By F. P. FITZWILLIAM, Attorney.

Significance

Cooper-Merrell family-property connection in Leavenworth Kansas primary-source-locked

The 1903 publication notice attests: - Frederic S. Cooper (b. 1842) had a property interest in a specific Leavenworth Kansas city lot (Lot 11, Block 5, Day's subdivision) - The property was held in common with multiple Merrell-family heirs - The estate of William Merrell (deceased, executor Eli S. Young) was a co-owner via inheritance

Per B.45 Edward Merrell Cooper 1966 SAR: Frederic Stephen Cooper m. Frances J. Merrell at Painesville Ohio June 1872; their son Edward Merrell Cooper b. 1881 White Rock Republic Co. Kansas. Per maintainer notes 2026-05-09 deeds-list research by Marion Springer (Steuben Co. Clerk's Office, Bath NY): "Wm Merrell of Leavenworth, Kansas" appears in multiple Cooper-Merrell deed transfers 1879+ including: - Book 167 p. 456 May 1879 — Fred S. Cooper + wife transfer to William Merrell of Leavenworth Kansas - Book 149 p. 591 Oct 6 1879 — William Merrell to Frances J. Cooper (Shawnee Co. Kansas land) - Book 177 p. 445 — Wm Merrell + wife Ellen of Campbell 1878 - Book 212 p. 344 — Wm Merrell of Campbell 1885

= primary-source-confirms Frances J. Merrell Cooper's family-of-origin Merrell network in Leavenworth Kansas + Shawnee Co. Kansas + Campbell [County?] Kansas. William Merrell was Frances's father (or close Merrell-family relative) per the property-transfer logic. He died sometime between Cantor 1885 (last documented active deed) and 1903 (publication notice naming his estate as decedent).

Caption-side convention: husband and wife may both appear, on opposite sides

Frederick S. Cooper (defendant) + Frances E. Cooper (plaintiff, possibly = his wife Frances J. Merrell Cooper) appearing on opposite sides of the same caption is a normal feature of partition suits in Kansas at the era. In a partition suit, ALL co-owners must be parties; those who initiated the suit are nominal-plaintiffs; those who did not are nominal-defendants. Husband and wife with an inherited co-ownership interest can find themselves on opposite sides without any actual adversarial relationship.

Similarly: Julia E. Vories (plaintiff) + John Vories (defendant) — likely siblings or husband-wife. Eli S. Young appears BOTH as individual defendant AND as executor-of-Wm-Merrell's-will-defendant — one person in two legal capacities.

Working hypothesis (per maintainer notes Cooper-Merrell connection): - Frances E. Cooper plaintiff = Frances J. Merrell Cooper (Fred's wife) appearing as Merrell-side heir (J/E middle-initial typesetting variance) - Frederick S. Cooper defendant = Fred himself appearing as Frances's husband / co-titleholder

Alternative hypothesis: Frances E. Cooper is a different Cooper-family woman, separate from Frances J. Merrell. The middle-initial discrepancy (E vs J) is unresolved at this entry's primary-source level.

William Merrell as Frances J. Merrell Cooper's likely father

The Merrell surname connections in B.45 + maintainer notes + this J.107 publication notice all point toward William Merrell of Leavenworth Kansas as a senior member of Frances J. Merrell's family-of-origin = most plausibly her father.

Other Leavenworth-Kansas Merrell family members visible across the catalog: - Lizzie M. Merrell (J.107 plaintiff) = possibly Frances's sister - "Mrs. Sally Merrills w/o Clark Merrills" (per maintainer notes Aug 12, 1874 deed Book 151 p. 378 Cooper-Merrell village lot Coopers Plains transfer) = possibly Frances's mother or aunt - Wm Merrell + wife Ellen of Campbell (per maintainer notes 1878 deed Book 177 p. 445) - William Merrell of Leavenworth = the decedent in J.107 1903 = likely Frances's father

NEW research path: William Merrell of Leavenworth Kansas death date (1885-1903 window) + probate file (Eli S. Young executor) at Leavenworth Co. Kansas Probate Court would document Frances J. Merrell Cooper's parents directly.

Connection to maintainer-notes 1872 Cooper-Merrell marriage

Per B.45 Frederic Stephen × Frances J. Merrell m. Painesville Ohio June 1872. Per maintainer notes 2026-05-09: "1872 Nov. 27 Married in Painesville, OH" — specific date. The Merrell family origin per maintainer notes: - 1880 Federal Census: Frances "born O. both parents born Conn." = Frances born Ohio, both her parents born Connecticut - 1900 census: "father born CT, mother born NY" = father born Connecticut, mother born New York

Wm Merrell of Leavenworth Kansas = likely the Connecticut-born father per the 1880 census; migrated to Kansas during the 1860s-1870s post-Civil War era.

Property economics

Lot 11 Block 5 Day's subdivision in Leavenworth Kansas: a single city lot. Likely a residential lot in Leavenworth's late-19th-century subdivisions. The fact that 13 named co-defendants/plaintiffs are involved suggests William Merrell died with multiple children/grandchildren each inheriting a fractional interest = typical for an estate that passed through 2-3 generations before partition.

Outcome of the suit (NOT in this entry's primary source — would be in subsequent court records): partition either by physical division (rare for a single lot) or by sheriff's sale + cash distribution. Subsequent Leavenworth Weekly Times issues March-April 1903 may carry sheriff's sale notice or final court order.

Caveats and follow-up

Cross-references