Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-05-12
LEGAL NOTICES.
VTITpopouTo OBSERVATION-DISCLOSURES

GTATEOFOHI0, CUYAdOGACOUNI1i
s. In Probate Court. William Z. DAVID
son, Executor OF sarah = qeSS45eui
Plaintiff AGAINST Samuel Berthe, sarah NJ Ber-
fine and Thomas B. Tompkins, Defendants;
Petition for completion OF real contract Of sad
Testatrix. -.sod ,ho,
the plaintiff has fled in the Probate Court, IN and
for said county Of Cuyshoga, and state OF Ohlo,
his petition setnngtorth IN substance ~ loAOas
that on the second day OF Aug ISL looo, ssiu
Sarah c. Thompkins, then living, but now ae-
ceased, being the owner Of the following IeAle
tate, situate in the City OF CleseIand' IN s9lo
county Of CuyahOga, and state Of Ohlo' anu S-
scribed as follows, tO-wlt: known as DelhB ~
that mart Of the Maitby property so Called pur-
chased by said Sarah G. T~hompklns o. LuMlVh
Parmelee, and being srXty-slx feet iront on CIh-
ton Park. and extending back Of uniform Wldtn
10 Lake Erie, subject to the right OF way Of the
Cleveland and Pittsburgh, and The CleVelana anu
Fr- Railroads, and 10 alllegd Highways. On
srhich premises one Jacob Meyer, OF ClsNelan1i
iben beId Mortgage executed by said sarah q.
! Tompkins to secure the payment o. 8 note lOI
! The pavmen: by said Sarah G. TO SAID MeyeroI one
taousand dollars with lnterest as thsIe.I sIaoer'
| and on which premises there were also theI GER
| tain liens for faxes, then and there entered INTO
/ A contract IN writing with ssud jacob meyer IoI
! the sale to HIM OF said premises upon terms ~
said contract set forth, a copy OF which contract
/ is attached TO aid pet ton that upon tne exc
/ cution and delivery Of said contrset on me 1ate
j afo-essid, the said Meyer entgredn toi ana mas
ever since remained in possession oil me saI
orar,ises under said contract that SAID Sarah
y TomDl-i1s ON the 18th 7dav Of March, 1851, re-
| siding then in Westchester county N the stare
Of EeT York, died, leaving Will, duly eAecuteof
since admitted 10 Probate by the Surrogate OF
sajd Westche- ter county by which the Flantlu
,vos aDroluted sole executor OF her last viii ana
testament; that he has been duly quallhed and
has entered upon the discharge OF ms 9uue7, ~
sueh Executor that by the terms OF SAID VIII
the said Sarah g. Tompkins, sfter sundry De
ouests to Others, gave, devised ana eequeatnea
aU the rest, residue and remainder Of her estate
both real and personal 30 the Defendant Sarah D'
Bertine, who is the wife Of sRd defendant sam
mel Rertiue. both of said city and county OF new
York. to be applied by her under the advice ana
/ directions Of said Plaintiff a. Executor hIst 70
nav all her lust debts and expenses 81 edmihIs-
treton Of her estate, and the balance II any &c pe
rst,ined nv the said Sarah n. Berthe as q re
enumeration in partfor her care and slncness 20
| said TestatriN, which resldeum embraced al the
interest OF said Sarah C.. TompEln5 IN the apovs
described premises and in SAID contract VIII
sid Never; and stating further that the 1eleh'
dant Thomas B.. Tompklns who resides N tne
state of california is the only brother OIL Sale
Sarah G. who survived her, she having LETT nc
sister. and is the only heir at law OF SAID SaraI
n. mat since the decease Of said Sarah e., z
wit: at the October term, 1867, OF the Dlstflc
Court within and for said Cuyahoga county !
final decree was obtninedn the suit referred g
in said contract IN favor OF said deElsee 4nurSP
resentafive of the said Sarah C. TOmpkins, By
the terms Of which the title to said premises
was confirmed to said devisee and representa-
, tive and stating further that the FIaintlH 3
such Executor as aforesaid, deslrlng 70 com
both OF SAID devisee Sarah n BsfH16p sR4edp u
said heir Thomas 3. Tompzinsr Rsks that upol
the final hearing of said petit on he may be au
thorized to execute and deliver to the sil
Jacob Meyer or his assigns upon receipt Of tn
purchase money therefor as in said eontroo
provided, n deed Of Conveyance for sad prem
ises as in said contract required.
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