Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-05-14
LEGAL NOTICES.
-NTATEOFOHIO. CUYAaOGAC OUNIt.l

.OTATEOFOHIO. CUYAHOGACOUNTY
G 6 In Probate Court. William z. DAVID
son, Executor OF Sarah G. Iompklns, 9eSe|5e1'
Plaintiff. against Samuel Berthe, saIah N; beI-
tine and Thomas B. Tompkins, Defendants.
Petition for completion Of real contract oil smd
restatrix. 49,
The said Defendants are hereby nouned tnai
the plaintiff has fed in the Probate Court, IN and
for said county Of CuyahOga, and State Of ONO,
his Dettion setting forth IN substance as lohoHs
That on the second day Of August, 1885, ssld
sarah c. ThOmpkins, then living, but now oe-
ceased. being the owner Of the following rear e5
ATE. situate in the City OF Cleveland, IN s9ld
county Of CuyahOga, and State OF OMO' anu uS-
sel5bed as follows, to-wit: known as peinB n
ma mart of the Maitbv property so called, pur-
chased by said Sarah c. o. Lu ~
armelee, and being stxry-six feet 'front.' on III
tor Park, and extending back OF UNIFORM WIN
n Lake Erie, subject to the right OF way OF thS
cleveland and Pittsburgh, aud the CleVelano anu
Fris Railroads, and 10 all legal hghWays, VI
which premises one Jacob Meyer OF LlSFethE'
Tompkins to secure the payment Of a note lor
| me pavment by said sarah c TO said meyer OF one
| thonsand collars with interest IS therein slateu'
and on which premises there were ass tneI -
ain liens for taxes, then and there entered no
] a contract in writing witt said Jacob meyer lor
| ne sale to him OF said premises upon terms ~
said contract set forth, a copy, OF Whlcn eontlao'
is attached to said petition tnaG upon tue SAe
cntion and delivery Of said contract on the Gaue
aforesaid, the said Meyer enteredlhtg, anu ~
ever since remained in p session OF the SAY
i nraunfana under SAD eOuALaIs , LA1N
g. Tompkins on the 18th day OF March, leois r.
siding then in Westchester county, in the State
m New York, died, leaving VIII, d1ly eAecueeu,
since admitted to Probate by me SgIIoBat5 ~
said Westchester county, by which the FlmnIlI
,vos annolnted sole executor OF nei last VIII anu
testament; that he has been duly qualinsd ahu
has entered upOn the discharge OF MS euues, ~
such Executor thst by, the terms OF sE1 W.
the said Sarah G.. Tompkins, after sunuIy Oe,
quests to others, gave, devised and pequeaLheo
an the rest, residue and remainder OF hsI eSlS,t
botb real and personal to the Defendant 9arSl hl
Rerfine. who is the wife of said Defendant sam
~ po~tina both of said city and county OF New
Work. to be applied by her under the ADVICE any
directions Of said Plaintiff a. executor, nIst u
nav all her lust debts and expenses OF ADMINS.
ration of her estate, and the halance II @uyi 70 "
retained by the said Sarah N. Bertinei as are
Enumeration in partfOr her care and klndne5s tI
aid TestatriE, which resldeum embraced az tl'
interest Of said Sarah G.. TomPklns IN tne 49,,
described premises and in sad contract wiz
said Never; and stating further tnat the oelen
dant Thomas B. Tompklns VINO RESIDES IN ~
state of California is the only orother OF sAlt
sarah c. Who survived her, she having leit n
sister. and is the only heir at law Of sad Saral
C.; that since the decease OF sad Saran y, y
wit: at the October term, l80Z' OF the Dlstlc
Court within and for said CuyahOga county
fneI decree was obtainedin the suit referred Z
n sold contract IN favor of said devlsee ana rep
; raseutative Of the said Sarah g. y
ne terms Of which the title to said premise
was confirmed to said deYlsee ana ISpiesSn
i've and stating further that the PlaIntIn a
such Executor as Aforesaid, desiring 70 com
plete said contract with SAID meyer on Deha
both OF sad deyisee Sarah NJ. Bertne ana {
said heir Thomas B. Tompkins, asks thar upo
} the final hearing Of said petition he may De az
4 thorized to execute and deliver TO the sal
Iqeob Never or his assigns, upon recelpU Of IN
purchase money therefor, as IN SAID eontI1
provided, a deed Of conveyance ior sAd prem
ises as in said contract required
7 . 81. ANDREWS, Plaintiffs Attorney.
l may2:A3