Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-06-06
CHAS. L. FISH,
Attorney fer Plaintiff.
c1TATEnFnHIO. CuYAHOGA COUNTY

CTATE OFOHIO, ,CUYAaOGACOUNTY,
SIS In Probate Court William c. David
son, Executor of Sarah C. Tompkins, deceased,
Plaintiff, against Samuel Bertlne, Sarah NJ Ber-
tine and Thomas B. Tompkins, Defendants;
Petition for completion OF real contract OF said
The said Defendants are hereby notified that
the Plaintiff has filed 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, 1888, SAID
Sarah c. Thompkins, then hylng, 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-
scribed as follows, tO-wit 80 Known as beng al
that part Of the Maltby property so called, pur-
chased By said Sarah G. Thompkins Of Luman
Parmelee, and being sixty-siX feet mont on Gin
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 a Mortgage executed by sad Sarah y.
Tompkins to secure the payment Of a note Tor
the payment by said Sarah q. to said Meyer Of one
thousand dollars with interest as therein stated,
and on which premises there were also then GER
tain liens for taxes, then and there entered into
a contract in writing with said Jacob Meyer Tor
the sale to him OF said premises, upon terms IN
said contract set forth, copy OF which contract
is attached to said petition; that upon the exc
eutiou and delivery of said contract on the date
aforesaid, the said Meyer entered into, and has
ever since remained in possession Of the said
premises under said contract; that SAID Saran
Q. Tompkins on the 10th day Of March, 1861, re-
siding then in Westcheste- county, in the State
of New York, died. leaving will, duly executed,
since admitted TO Probate by the Surrogate OF
said Westehester county, by which the Plaintiff
was appointed sole executor of her last will and
testament; that he has been duly quallhed and
has entered upon the discharge Of his duties, as
such Executor thst by the terms Of said viii
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 Bertne, both of said city and county OF New
| York, to be applied hy her under the advice and
directions of said Plaintiff as Executor, hrst to
/ pay ali her Just debts and expenses of admins
tIatOn of her estate, and the alance If any, 10 be
retained By the said Sarah NJ Bertine, as a re-
muneration in part for her care and kindness 10
said Testatrix, which resideum embraced all the
| interest of said Sarah c. TOmpkins in the above
described premises and IN sad contract with
| said Meyer; and stating further that the deien-
/ dant Thomas B. TOmpkins who resides IN the
State of California is the only brother Of said
| Sarah C. who survived her, she having LEFT no
sister, and is the only heir at law OF sad Sarah
/ c.; that since the decease Of SAID Sarah c., to
wit: at the Ootober term, 1862, Of the District
/ Court within and for said Cuyahoga county, a
final decree was obtainedn the suit referred to
/ in said contract IN favor of said deylsee andrep1
resentatiYe of the said Sarah @. TOmpkins, by
| the terms of which the title to said premises
was confirmed to said devisee and represents
tive; and stating further that the Plaintlh as
such Executor as aforesaid, desiring to COM
| pete said contract with said Meyer on behalf
| both of SAID devisee Sarah VI. Bertine and Of
| said heir Thomas B. TOmpkins, asks that upon
the final hearing of said petition he may be au-
| thouzed to execute and deliver to the said
Jacob Meyer or his assigns, upon receipt OF the
purchase money therefor, as in said contract
provided, deed of conveyance for said prem
So. ANDREWS, Plaintiffs Attorney.
may2:H3