Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-06-03
April 80. 1s68.443 Attorney ioT r PIaintiff
CTATE On OHIO, CUYAHOGAC COUNTY

S4A1E OE On1Oj CU AdOdA COUNII,
| 10 S. S. In Probate Court. William c. David.
/ son, Executor of Sarah C. Tompkins, deceased
/ Plaintiff, against Samuel Bertine, 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,
hls petition setting forth IN substance as follows
| That on the second day Of August, 1858, said
| Sarah G. 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 rs follows, to-wit; 50 Known as beng al
that part Of the Maltby property so called, pur-
chased by said Sarah G. Thompkins of Luman
Parmelee, and being sixty-six feet front on Clin-
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 Never, of Cleveland
Tompklns to secure the payment of note for
the payment by said Sarah c. to said Meyer Of one
thousand dollars with interest as therein stated,
and on winch premises there were also then GER
tain liens for taxes, then and there entered into
3 contract in writing with said Jacob Never for
the sale to him OF said premises, upon terms in
ssad eontSact set forth, copy Of which contract
ls 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
PAEAuAaG5 uuutI Ediu tOulIAeES LllAL stlQ Eara0
Q. Tompzins on the 18th day of March, 1861, re-
siding then in Westchester county, in the State
Of New York, died, leaving will, duly executed,
SINCE admitted 70 Probate by the Surrogate Of
said Westchester county, by which the Plaintiff
was appointed sole executor o. her last will and
testament; that he has been duly qualified and
has entered upon the discharge of his duties, as
such Executor thst by the terms Of said will
the said Sarah Q. Tompkins, after sundry be-
quests to others, gave, devised and bequeathed
all the rest, residue and remainder of her estate
6oth real and personal to the Defendant Sarah N.
Berthe, who is the wife of said Defendant Sam
ue Berthe, both of said city and county Of New
York, to be applied by her under the advice and |
directions OF said Plaintiff as Executor, first to |
pay all her Just debts and expenses of admins |
LIatiOn Of her estate, and the falauce ifanv 10 he
retained by the said Sarah NJ. Bertine, as re- /
in partfOr her care and sindness to 1
'aid TestatTix, which resideum embraced ali the
interest OF Sald Sarah C. TOmpkins in the above
described premises and in said contract with
,ad Meyer and stating further that the defen-
liant Thomas B. Tompkns who resides in the |
,tate OF california is the only brother of said ]
'arah Z. who survived her, she having left no /
lster, and Is the only heir at law of said Sarah |
J.; tho6 since the decease of SAID Sarah C., to
Ilt; at the October term, 1862, of the District
'ourt within and for said Cuyahoga county, a
nal decree was obtainedn the suit referred to
sad contract In favor of said devisee and rem
Of the said Sarah G. Tompkins. by
ne terms of which the title to said premises |
as confirmed to said devlsee and representa- |
We and stating further that the Plaintiff as
uch Executor as Aforesaid, desiring to com !
lete said contract with said Never on behalf
oth OF SAID deVlsee Sarah M. Bertine and Of |
hd heir Thomas B. Tompkins, asks that upon |
le hnai hearing Of said petition he may be au-
lorlzed TO execute and deliver to the said |
acoo Meyer or his assigns, upon receipt Of the |
lrehase money therefor, as in said contract |
roTlded, deed of conveyance for said prem
es as IN said contract required.
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