Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-05-06
LEGAL NOTICES.
.ErF nFnHIn rnYAHnHACOuNTY

GTATE UFOHIU, CUIAdOdACOONAti
- So. In Probate Court. William 9. David
son, Executor OF Sarah c. Tompkins, deeeaSedi
Plaintiff, against Samuel Bertne, Sarah III; ber-
tine and Thomas B. Tompklns, Defendants;
Petition for completion OF real contract OF SAID
The ssid Defendants are hereby notified that
the Plaintiff has filed in the Probate Court, in and
for said county Of Ouyahoga, and State OF ONO
his petition settingiorth 10 SUBSTANCE rs I0noN3
That on the second day Of August 1855, sald
sarah c. ~ThOmpkins, then living, but now de-
ceased, being the owner Of the following real es-
tate situate in the City OF CleEeland' IN sag
scribed as follows, tO-Wit: KNOW as being 81
that part Of the Maltby property SO called, pur-
chased by said Sarah G. Thompklns OF Lumah
parmelee, and being siXty-slN teet 'front.' on yin
tom Park, and extending back OF uniform width
TO Lake Erie, subject 70 the rightOf way OF tne
Cleveland and Pittsburgh, and The Cleveland ana
Erie Railroads, and to all legal IN
which premises one Jacob Meyer, Of Cleveland
then held a Mortgage executed by said SarahO-
Tompkins to secure the payment OF = note LOT
/ the paymentbY said Sarah C. 10 said Meyer OF one
/ thousand dollars with interest - therein stated,
/ and on which premises there we're also then GER
/ tain liens for faxes, then and there entered INTO
a contract in writing with said Jacob Meyer LOT
! the sale to HIN OF sad premises, upon terms an
said contract set forth, a copy Of which contract
is attached to taid pet ton that upon the exc
! cutiOn and delivery OF SAID contract on the 1ate
aforesaid, the said Meyer enteredlnto, ana ma
ever since remained IN 2 ssession OF tne ssll
premises under said contract that SAID Saran
3. Tompkins on the 18th day Of March, 1861, re-
siding then in Westehester county, in the state
Of New York, died, leaving awlll, duly executed,
since admitted 10 PrObate by the Surrogate OF
said Westchester county, by which the Plaintiff
was appointed sole executor of her last will and
testament; that he has been duly qualified and
has entered upon the discharge OF his duties, a.
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 ner estate
both real and personal to the Defendant Sarah M
Berthe, who is the wife of said Defendant, sam
ueI Bertiue, both Of city and county of New
York, to be applied by her under the advice ano
directions Of said Plaintiff as Executor, hrst *
pay all her Just debts and expenses OF admins
tIaton OF her estate, and the balance Hany, to bt
retained by the said Sarah NJ. Berthe, as a re
Enumeration in partfOr her care and kindness &c
said TestatriN, which rositluum embraced al tht
interest OF said Sarah c.. TOmpldns in the above
described premises and in sad contract viii
said Never; and stating further that the defen'
dant Thomas B. TOmpkins who resides IN the
State Of California is the only brother Of sale
Sarah C. who survived her, she having left nc
sister, and is the only heir at law OF SAID Saraf
c.; that since the decease Of said Sarah c., t.
wit: at the October term, 1862, Of the Dlstrlc
Court within and for said CuyahOEa county,
final decree was obtainedin the suit referred L
in said contract IN favor Of sad deYlsee andrep
resentstive Of the said Sarah c.. TOmpkinsg b.
the terms of which the title to said PREMISE
was confirmed to said deVisee and representa-
tive; and stating further that the Plalntin a
such Executor as aforesaid, desiring TO com
plete said contract with said Meyer on behal
both OF SAID devisee Sarah NJ. Berhne and G
said heir Thomas B. Tompkins, asks that upol
the final hearing Of said petit on he may be an
thorized to execute and deliver to the sal
Jacob Never or his assigns, upon receipt Of tn
purchase money therefor, as IN SAID eontrae
provided, a deed Of conveyance for said prem
ises as in said contract required.
s. ANDREWS, PLAINTIFF Attorney.