Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-05-18
LEGAL NOTICES.
In1mopouro OBSERVATION-DISCLOSURES,

OTATE OF OHIO, CUYAa0GAC0UNTf,
- s. s. In Probate Court. William {. DAVID
son, Executor OF Sarah G. Tompklns' aeeeaSeo'
Plaintiff, against Samuel Berthe, Sarah N. Der
tine and Thomas B. T~ompkins, Defendants;
Petition for completion Of real contract oil SAID
Testatrix a.,
me Plaintiff has fled in the Probate Court IN and
for said county Of Ouyahoga, and State OF ONO
his petition s~ettingforth in substance as iolioWs
That on the second day Of August, 1898 SAID
Sarah c. ~Thompkins, then living, but now de-
ceased. being the owner ofthe blowing real es-
tate, situate in the City OF Cleveland' IN sHu
county Of C~uyah0ga, and State Of ONO, and de-
scribed as follows, to-Wit: Known as beng al
tbat mart of the Maltby property so called, pur-
chased BY said Sarah c. ThOmpklns OF Luman
Parmelee, and being slEty-six feet mont on Yin
ton Park, and extending back OF uniform Wlatn
to Lake Erie, subject to the right OF way ol tHs
Cleveland and Pittsburgh, and the Cleveland and
Erie Railroads, and to all legal highways. IN
which premises one Jacob Meyer, OF CleFelan1i
then held 4 Mortgage executed Dy sel oaESh -,
Tompkins to secure the payment OF a note ioI
the Dayment by said Sarah c. to said Meyer OF one
thousand dollars with interest as therein statedi
and on which premises there we're also then GER
tain liens for taxes, then and there entered into
a contract in writing with said Jacob Meyer ioI
the sale to him Of said premises, upontefuls IL
said contract set FORTH a copy OF which contrac'
is attached to said petition that upon me exc
eution and delivery Of ssid contract on the date
aforesaid, the said Meyer enteredlnto, and ma
ever since remained in possession OF the sMl
Premise under said contract that sald 5araI
g. Tompkins on the 10Th day Of Marcn, lool, Re
sidingt hen in Westchester county, IN the STATE
OF New York, died, leaving awhl, duly executed
since admitted to Probate by the Surrogate o
said W-estchester county, by Wheh the flaintiI
was appointed sole executor Of her last VIII anc
testament that he has been duly quallhed anc
ms entered upon the discharge Of his duties, a
such Executor that by the terms OF sad VA
the said Sarah C.. Tompklns, .after sunory De
| quests to others, gave. devised and bequeathec
an the rest, residue and remainder Of her estatt
both real and personal TO the Defendant Sarah d
Berthe, who is the wife Of said Defendant sam
mel Berthe, both Of said city and county OF New
York, to be applied by her under the advice anC
directions Of said Plaintiff as Executor, nrstt'
pay ali her just debts and expenses OF admins
tIation Of her estate and the balance uanyI 70 %
retained BY the said Sarah NJ. Berthe, as a re
1 enumeration in paht for her care and kindness q
said TestatriX, which resideum embracedal In
| interest Of said Sarah G. TOmpklns in the aboyl
| described premises and IN sad contract VII
aid Never; and stating further that the defen
dant Thomas B. TOmpkins who resides IN tn
! state of California is the only brother or ssl'
| Sarah c. who survived her, she having left n.
sister, and is the only heir at law OF sald sara
! n : fbaE since the decease of SAID Sarah G., q
wit at the October term, 1907 OF the Dlstrlc
I Court within and for said Cuyahoga county,
final decree was obtainedln the suit referred Z
/ in said contract IN favor Of said deVlSee andrep
! resentative Of the said Sarah c. Tompans, b.
the terms of which the title to said premise
was confirmed to said devisee and represents
tive and stating further that the Plalntn q
such Executor as aforesaid, desiring to com
plete said contract with said Meyer on beha
both OF SAID devisee Sarah N. Berthe and
said heir Thomas B. TOmpkins, asks that upo
the final hearing Of said petition he may be au
thOrzed to execute and deliver to the sal
/ Jacob Meyer or his assigns, upon receipt OF IN
purchase money therefor, as in SAID eontrat
provided, a deed of conveyance for SAID prem
ises as in said contract required
81 ANDREWS, Plaintiffs Attorney.
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