Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-05-02
CTATROFOHIO. CUYAHOGACOUNTY,

on his fayorite boat most clean and comfortable ac-
cOmmodaloDs ms1z-4S
oTATE OFOHIO, CUTAHOGACOUNTY,
- s. s. In Probate Court. William 9. David
son, Executor OF Sarah G. Tompklns, deceased
Plaintiff against Samuel Berthe, Sarah NJ: Der
tine and Thomas B. TOmpkins, Defendants.
Petition for completion OF real contract oil sala
Testatrix.
the Plaintiff has fled in the Probate Court, in and
for said county Of CuyahOga, and State OF ONO,
his petition setting forth IN substance as ioloWs
That on the second day Of August, 1888, said
sarah c. Thompkins, then living, but now de-
ceased, being the owner Of the following real es-
tate, situate in the City OF CleyeIand' IN s9ld
county Of Cuyahoga, and State OF Ohloi and de-
scribed as follows, tO-WIt: " known as Delng al
that part of the Maltby property so called, pur-
chased by said Sarah c. Thompklns OF Luman
Parmelee, and being S Xiy-slN ieet 'front.' on CLn-
ton Park, and extending BACK OF UNIFORM WIZ
to Lake Erie, subject TO the right OF way OF the
Cleveland and Pittsburgh, and the CieVelanQ ana
Erie Railroads, and to all legal highways. OF
which premises one jacob meyer OF CleVelan9'
then held a Mortgage executed by sald SarahC.
TomDkins to secure the payment OF note iOr
the paymentb by said Sarah c. to sad Meyeroi one
thousand dollars with interest as therein stated
and on which premises there we're also tnen GER
fain liens for taxes, then and there entered into
a contract in writing with sad jacob meyer LOT
the sale to HIM OF said premises, upon terms IN
said contract set forth, a copy OF which contract
IS attached to said petition that upon the exc
cuton and delivery OF sad contract on the date
aforesaid, the said Meyer enteredlnto, and mas
aver since remained in possession OF the sald
0re1,isss under said contract that said Sarah
g. Tompkins 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 10 Probate by the surrogate OF
aid Westchester county, by which the Plaintiff
was aDpoiuted sole executor OF her last viii ana
testament; that he has been duly qualified and
has entered upon the discharge OF ms dunes, as
sucb Executor thst by the terms Of SAID VIII
the said Sarah C.. TOmpklnsl after sundry De
quests TO others, gave. devised ana 6equeaIhed
all the rest, residue and remainder OF her estate
both real and personal to the Defendant Sarah l..
Bertine, who is the wife o. said Defendant, sam
ueI 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, nrst 10
nav ali her lust debts and expenses Of admins
tIation Of her estate, and the balance ifany, TO be
retained by the said Sarah NJ. Bertlne, as a re-
Enumeration in part for her care and Blindness 70
said Testatrix, which resideum embraced all the
interest of said Sarah @. Tompklns IN the above
described premises and IN said contract with
said Meyer; and stating further that the deien-
dant Thomas B. TOmpkins who resides IN toe
state of California is the only brother OF said
| Sarah c. who survived her, she having LETT no
sister, and is the only heir at law Of said Sarah
c.; that since the deceaSe OF sad Sarah " 10
wit. at the October term, 1862, Of the District
| Court within and for said Cuyahoga county, q
final decree was obtainedin the suit referred to
in said contract IN favor of said devisee andrep-
resentative Of the said Sarah Q. Iompklns, by
the terms of which the title to said premises
was confirmed u said deyisee and representa-
| tive and stating e.. her that the Plaintiff as
such Executor as aforesaid, desiring to com
plete said contract with said Meyer on behalf
both OF SAID devisee Sarah NJ. Berthe end OF
seid heir Thomas B. TOmpkins, asks that upon
| the final hearing Of said petition he may be au-
/ thorized 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
ises as in said contract required.
81. ANDREWS, Plaintiffs Attorney.
n,av0.M3