Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-05-09
LEGAL NOTICES.
1nLrrnrnuIn rrYAHnaACnuNTY

Ill /
y SIS. In Probate Court. WTtiam y. DAVID
Plaintiff against Samuel BertneI Sarah d; ber-
tine and Thomas B.. Tompklns' DelenGanls
Petition for completion Of real contract OF SAID
The said Defendants ara hereby notified that
the Plaintiff has filed in the PROBATE Courts y w
for said county Of Cuyshoga, and State OF ONO,
his petition ~settingforth IN substance as follows
That on the second day OF August 1905 s4lu
sarah C Thompkins, then living, cut nov ee-
ceased, being the owner Of the following real es,
tate. situate in the City Of Cleveland, IN sSld
county Of CuyahOgs, and State OF ONO, ana le-
scribed as follows, to-Wit "AnoWna as peing al
cbssafd by said Sarah {. Thompkins OF Human
Parmelee, and being sixty-slX ieet tront on YIN
ton Park, and extending back OF UNIFORM Wl9th
to Lake Erie, subject-t0 the right OF way q the
cleveland and Pittsburgh, 6nd The Cleveland and
Erie Railroads, and to all legal highways. pn
which premises one Jacob Meyer, Of CeFelandi
then held q Mortgage executed by saId SarahO.
To1onkins 10 secure the PAYMENT Of 4 note for
the payment by said Sarah O. TO said Meyer o. one
thonsand dollars with interest As therein stated,
and on which premises there were also tle1 GeL.
tain liens for taxes, then and there entered INTO
| n contract in writing with sad Jacob meyer LOT
| the sale to him Of said premises, upon terms IN
| said contract set FORTH aeopy OF when contract
is attached to said petition; that upon the exc
| cDtion and delivery OF said contract on the date
! aforesaid, the said Meyer entered into, and mas
ever since remained in p secession OF the sala
premises under said contract that sald Sarah
g. TOmpkins on the 18th Gay OF March, lsoL re-
/ siding then in Westchester county, IN tne StAIe
/ Of New York, died, leaving n VIII, duly executed,
| since admitted TO Probate by the surrogate OF
| said Westche-ter county, by which the FlalntlH
was appointed sole executor OF her last Will ana
testament; that he has been duly qualified and
has entered upon the discharge OF ms duties, az
such Executor that by the terms Of sad VIII
the said Sarah G.. Tompklns, alter sundry pc
quests to others, gave, devised ana pequeathea
an the rest, residue and remainder of her estate
/ both real and personal TO the Defendant Sarah ii.
! Bertine, 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 adVlce ana
/ directions Of said Plaintiff a. Executor, nfst 70
nav all her Just debts and expenses OF admins
tIatfon OF her estate, and the balance lfany, TO be
retained BY the said Sarah N. Bertne, AS q re-
muneution in partfor her care and kindness 70
] said Testatrix, which resideum embraced all the
interest OF said Sarah C. Tomplins in the above
described premises and in said contract with
said Never; and stating further that the deien-
dant Thomas ID. Tompkns WHO resides IN tne
State Of California is the only brother OF sad
sister, and is the only heir at law Of said Sarah
C.; that since the decease Of sad Sarah e., 20
wit at the October term, 1852, OF the District
Court within and for said Ouyahoga county, a
final decree was Obtainedln the SUIT referred 70
in said contract IN favor Of said devlsee andrep-
resentative Of the said Sarah @. Iompkins! oy
the terms of which the title to SAID premises
was confirmed to said devisee and representa-
tive and stating further that the liant as
pIete said contract with said Meyer on behaI
both Of SAID devisee Sarah N. Berthe sud o.
said heir Thomas B. TOmpkins, asks that upon
the final hearing Of said petit on he may be au.
thorized to execute and deliver to the SAID
Jacob Meyer or his assigns, upon receipt Of the
purchase money therefor, as in said cOntracl
provided, n deed Of Conveyance for said prem
ises as in said contract required.
.J.ANDREWS, Plaintiffs Attorney.
nsy2.Hs