Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-06-08

CTATE OFOHIO, CUYAHOGAC COUNTY,

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y 5. s. In Probate Court. William Q. David
son, Executor Of Sarah C. Tompkins, deceased
Plaintiff, against Samuel bertne, Saran NJ ber-
tine and Thomas B. TOmpkns, 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 ONO, and de-
scribed as follows, to-wit: Known as beng al
that part of the Maltby property so called, pur-
chased by said Sarah C. Thompkins Of Luman
Parmelee, and being sixty-six feet front on Chn-
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 said Sarah Q.
TomplEns to secure the payment OF 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 for
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
cution 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 sald Sarah
".
siding then in Westehester county, in the State
of New York, died, leaving will, duly executed,
since admitted to Probate by the Surrogate OF
said Westchester county, by which the Plalntlh
was appointed sole executor of her last will and
testanent 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 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 Deiendrnt, sam
uel Bertine, both Of said city and county Of New
directions of said Plaintiff as Executor, first to
pay all her Just debts and expenses Of admins
tIatiOn Of her estate and the balance nany, to be
retained bg the said Sarah NJ. Bertine, as re-
muneration in parttor her care and kindness TO
said Testatrix, which resideum embraced all the
interest OF said Sarah c. Tompl1ns il 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 OIL SAID
Sarah c. who survived her, she having left no
sister, and is the only heir at law of said Sarah
c.; thai since the decease Of sald Sarah G., to
wit at the October term, 1862, of the District
Court within and for said CuyahOga county,
final decree was obtainedln the suit referred to
in said contract IN favor of said devisee and rep
resentatiYe Of the said Sarah G. Tompklnsl by
the terms of which the title to said premises
was confirmed to said deYlsee 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 NJ. Bertine and Of
said heir Thomas b. Tompkins, as ks 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, deed of conveyance for said prem
ises as in said contract required.
s.J.ANDREWs, Plaintiffs Attorney.
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