Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-05-26
April 80, 1ses.44s Attorney GRaS Ter r P Pd2hi
OTATEoFOHIO, CUYAaOGACOUNTY

OE OAAAOz ~ NoON -
- SIS. In Probate Court. William G. David
son, Executor ofSarah C. TOmpkins, deceased,
Plaintiff, against Samuel Berthe, 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, 1858, said
Sarah c. ~ThOmpkins, 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-
scribed 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 s~ixty-six feet front 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 q Mortgage executed by said SarahC.
TOmpkins to secure the payment OF q note for
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 m
said contract set forth, a 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 remained in possession Of the said
premises under said contract that said Sarah
@. TOmpkius on the 18th day OF March, 1861, re-
siding then in Westchester county IN the state
of New York, died, leaving a will, duly executed,
since admitted to Probate by the Surrogate Of
said Westchester county, by which the Plalntln
was appointed sole executor Of her last viii 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 G. Tompkins, after sundry he
quests TO others, gave, devised and oequeathed
all the rest, residue and remainder Of her estate
both real and personal to the Defendant SarahM
Berthe, who is the wife of said Defendant, Sam
uel Berthe, both of said city and county Of Ne
York, to be applied by her under the advice and
directions of said Plaintiff as Executor, hrst to
pay all her lust debts and expenses Of admins
tIatlOn or ner estate, and the holanoo iRRny, to be
retained by the said Sarah M. Berthe, as a re-
muneratiOn in partfor her care and Blindness to
said TestatriX, which resldeum embraced all the
interest Of said Sarah C. 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 C. who survived her, she having left nc
sister, and is the only heir at law Of said Sarah
c.; that since the decease Of sad Sarah O., to
wit at the October term, 1862, OF the District
Court within and for said CuyOhoga county, a
final decree was obtainedln the suit referred to
in said contract IN favor Of said deYisee andrep-
resentatiYe Of the said Sarah G. IOmpklns, by
the terms of which the title to said premises
was confirmed to said devisee and representa-
tive and stating further that the Plaintiff as
such Executor as aforesaid, desiring to COM
plete said contract with said Meyer on behalf
both OF SAID devisee Sarah N. Berthe and Of
said heir Thomas B. TompkinsB asks that upon
the final hearing Of said petition he may be au-
thorlzed to execute and deliver to the said
Jacob Meyer or his assigns, upon receipt Of the
purchase money therefor, as in said contract
provided, a deed Of conveyance for said prem
ises as in said contract required.
may2.443