Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-06-01
CTATE OF OHIO, CUYA8OGA COUNTY


CTATE OF OHIO, CUYAGOGACOUNTY,
y s. s. In Probate Court. William C. David
son, Executor Of Sarah c. Tompkins, deceased,
Plaintiff, against Samuel Bertine, Sarah n. Ber-
tine and Thomas B. Tompkins, Defendants.
Petition for completion Of real contract Of said
Testatrix.
The said Defendants are hereby notified that
the Plaintiff has fled in the Probate Court, in and
for said county of Cuyhoga, and State Of Ohio,
his petition setting forth in substance as follows
That on the second day of August, 1858, said
Sarah @. ThOmpkns, then living, but now de-
ceased being the owner Of the following real es-
state, situate in the City Of Cleveland, in said
county OF Cuyahoga, and State of Ohio, and de-
seribed as follows, tO-wit; " Known as beng al
that part of the Maltby property so called, pur-
chased by said Sarah g. ThOmpkins Of Luman
Parmelee, and being sxty-six feet front on Clin-
ton Park, and extending back Of uniform width
to Lake Erie, subject to the right Of way Of the
Cleveland and Pittsburgh, and the Cleveland and
Erie Railroads, and to all legal highways" On
which premises one Jacob Meyer, of Cleveland,
then held Mortgage executed by said Sarah G.
Tompkins to secure the payment of a note for
the payment by said Sarah c. TO said MeyerOf one
Thousand collars with interest as therein stated,
and on which premises there were also then GER
tain liens for taxes, then and there entered into
q contract in writing with said Jacob Meyer for
the sale to him Of said premises, upon terms in
said contract set forth, COPY Of which contract
is attached to said pet ton that upon the exc
cutiOn and delivery of said contract on the date
aforesaid, the said Meyer enteredintO and has
ever SINCE renamed IN possession OF the sad
premises under said contract; that said Sarah
O. TOmpkins on the 10Th day Of March, 1861, re.
siding then in Westchester county, in the State
Of New York, died, leaving Wril, duly executed,
since admitted 10 Probate by the Surrogate of
said Westchester county, by which the Plaintiff
was appointed sole executor of her last will and
testament; that he has been duly qualified and
has entered upon the discharge Of his duties, as
such Executor; that by the terms Of said will
the said Sarah C. TOmpkins, after sundry be-
quests to others, gave, devised and bequeathed
all the rest, residue and remainder of her estate
both real and personal to the Defendant Sarah NJ
Bertine, who Is the wife Of said Defendant Sam
uel Berthe, both Of said city and county of New
York, to be applied by her under the advice and
directions Of said Plaintiff a. Executor, first to
pay all her Just debts and expenses OF admins
tIatIOn of her estate, and the ralance fany to be
retained b7 the said Sarah NJ. Bertine, as a re-
muneratioR in part for her care and Bindness to
said Testatrix, which resideum embraced all the
interest Of said Sarah @. Tompkins in the above
described premises and in said contract with
said Meyer and stating further that the defen-
dant Thomas B. Tompkins who resides in the
State of California is the only brother of said
Sarah G. who survived her, she having left no
sister, and is the only heir at law Of said Sarah
c.; thus since the decease of SAID Sarah c., to
WIT at the October term, 1852, of the District
Court within and for said CuyahOga county, a
final decree was obtainedln the suit referred TO
in said contract IN favor of said deYisee and rem
resentatiYe of the said Sarah C. Tompkins by
the terms of which the title to said premises |
was confirmed to said deYisee and representa-
tive; and stating furthRr that the Plaintiff az
such Executor as Aforesaid, desiring to COM
plete said contract with said Meyer on behalf
both Of SAID devisee Sarah n. BeTtine and of
said hejFThOmas B. TOmpkns, asks that upon
the final hearing Of said petition he may be au- /
Lhon5ed 70 execute and deliver to the said
Jacob Meyer or his assigns, upon receipt Of the !
purchase money therefor, as In said contract
a deed of conveyance for said prem
ses IS in said contract required.
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