Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-05-19
LEGAL NOTICES.
.m,mnrnu1n cnYAHnGAO OuNTY

GTATE OFOHI0, CUYAdOGA COUNTY,
Ns 6. In Probate Court. William Q. David
son, Executor OF Sarah 9eSea5eo'
tine and Thomas B. Tompkins, Deiendahts;
Petition for completion OF real contract oil SAID
Testatrix. a.,
the Plaintiff has filed in the Probate Court IN and
for said county of CuyahOga, and State Of ONO
his petition setting forth IN substance as lohOHs
That on the second day OF August, looo' sSiu
sarah q. Thompkins, then living, but now de-
ceased, being the owner Ofthe ioIoWlng real es,
tate, situate in the City OF Cleyelandi N ssld
/ seribed as follows, to-Wit: known as beng al
| that part of the Mnltby property 80 called, puf-
| chased by said Sarah @. fhompklnso OF Lumah
| Parmelee, and being siNty-slX teet front on Giin-
ton Park, and extending back Of uniform width
/ b blake Erie, subject to the right OF way OF the
] Cleveland and Pittsburgh, and the cleveland ana
Erie Railroads, and TO all legal hlghways. On
] which premises one Jacob Meyer, oil GieVeiih15
/ Then held a Mortgage executed by said Sarah =.
Tompkins to secure the payment OF anoVe LOT
| ne payment by said Sarah C. to said Meyer Of one
fhonsand dollars with interest as therein stated,
and on which premises there we're also then GER
fam liens for taxes, then and there entered INTO
! a contract in writing with SAID jacob meyer LOT
the sale to him Of said premises upon terms ~
said contract set forth, q copy Of which contract
is attached to said petition that upon the exc
l cution and delivery Of said contract on the date
aforesaid, the said Meyer enteredInto,a ana mas
/ ever since renamed IN possession OF tne salu
Dremises under said contract that said Safah
II Tompkins on the 18th day Of March, 1861, re-
1 siding then in Westchester county, IN the STATE
| OF New York, died, leaving q VIII, duly eGecuDeu,
since admitted to Probate by the Surrogate o.
said Westchester county, by which the PlaintT
/ was Amounted sole executor OF her last Will anu
testament; that he has been duly quallhed and
has entered upon the discharge OF MS duues, n
such Executor that by the terms OF sad Wi
the said Sarah c. TOmpklns, after sundry De.
quests TO others, gave, devised and 6equeatheo
all the rest, residue and remainder OF her estate
both real and personal to the Defendant Ssrah M
Bertine. who is the wife of said Defendant, sam
mel Berthe, both Of said city and county. oil New
York, to be applied by her under the ADVICE anc
directions of said Plaintiff as Executor, ursJ u
pay all her Just debts and expenses Of admins
tIatIon Of her estate, and the balance manys 10 %
retained 10y the said Sarah NJ. Bertlne, as n re
muperation in part for her care and kindness e
said Testatrix, which resldeum embraced all tl'
interest Of said Sarah O.. Tompkins IN the aOoV,
described premises and in said contract with
said Meyer; and stating further that the deien
dant Thomas B. TOmpkins who resides IN I'M
State of California is the only brother or salC
Sarah c.. who survived. her, she having let ny
sister, and is the only heir at law OF sald Sarai
c.; thai since the decease OF SAID Saran " u
wit at the October term, 1862, OF the Distrlc
Court within and for said C~nyahoga county,
anal decree was Obtainedin the suit referred Il
in said contract IN favor Of sSid deYisee and rep
resentative Of the said Sarah O.. Iompklns, b,
the terms Of which the title to SAID premise
was confirmed to said devisee and representa-
tive and stating further that the PlaIntln a
sueh Executor as aforesaid, desiring TO com
plete said contract with said Meyer on e
both OF sad deVisee Sarah NJ. Berthe and 9
said heir Thomas B. TOmpkins, asks thai upo
the final hearing Of said petition he may be au
thorized to execute and deliver to the sal
Jacob Never or his assigns, upon receipt OF IN
purchase money therefor, as IN said cOntraC
provided, o deed of conveyance for SAID prem
ises as in said contract required.
81. ANDREWS, Plaintiffs Attorney
mav2.AS