Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-06-04
CHAS. L. FISH,
April 80, 1868. .443 Attorney for Plaintiff.
C1rATE OFOHIO. CUYAHOGACO COUNTY.

CTATE OF OHIO, O,CUYAGOGAC COUNTY,
- S. s. In Probate Court. William @. David
son, Executor Of Sarah Q. Tompklns, deceased,
Plaintiff against Samuel Bertine, Sarah NJ. Ber-
tine and Thomas B. Tompkins, Defendants.
Petition for completion Of real contract OF said
Testatnx.
The said Defendants are hereby notified that
the Plaintiff has fled 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, 1855 SAID
Sarah c. Thompkins, then living, but now de-
ceased, being the owner Of the following real es-
state, situate in the City Of Cleyelandi IN sald
county of Cuyahoga, and State Of Ohio and de-
scribed as follows, to-wit: " Known as beng al
that part OF the Maltby property so called, Pur-
chased by said Sarah Z. ThOmpkins Of Luman
Parmelee, and being sixty-siX feet front on Gin
ton Park, and extending back Of uniform width
to Lake Erie, subject to the Eight 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 q Mortgage executed oy seld Sarah y.
Tompkins to secure the payment Of note for
the payment by said Sarah c. TO sad Meyer OF one
thousand collars 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 said Sarah
| 8. Tompkins on the 18th day Of March, 1861, re-
siding then in Westchester county, in the State
of New York, died, leaving Wnl, duly executed
since admitted to Probate by the Surrogate Of
| said Westchester county, by which the Planti1
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, as
such Executor; that by the terms of said will
| the said Sarah C. TomPki1s, 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 Defendant, sam
uel Bertine, 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
tIaton of her estate, and the ralance n any, 70 be
retained By the said Sarah NJ. Bertine, as re-
muneration in part for her care and kindness to
| said Testatrix, which resideum embraced all the
! interest of said Sarah c. Tompklns in 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 Of said
| Sarah c. who survived her, she having left no
sister, and is the only heir at law or sald Saran
| O.; that since the decease of SAID Sarah c., to
wit at the October term, 1862, Of the District
| Court within and for said CuyahOga county, a
| final decree was obtainedIn the suit referred to
in said contract IN favor OF sad deYsee and rep
| resentative of the said Sarah G. TOmpkins, by
/ the terms of which the title to said premises
! was confirmed to said devlsee and representa-
/ tive and stating further that the PlalntIh as
| such Executor as aforesaid desiring to CON-
plete said contract with said Meyer on behal
/ both Of SAID devisee Sarah NJ. Bertine and Oi
/ said heir Thomas B. TOmpkins, asks that upon
/ the final hearing Of said petition he may be au,
] thor1zed 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.
rnay2.44S