Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-06-05
April 30, 1858. .H3 Attorney ior Plaintiff.
nrArRnFnHIn CuYAHOGA COUNTY,.

CtTATE OF OHIO, ,CUYAaOGACOUNTY,
NSS In Probate Court William G. David
son, Executor Of Sarah Z, Tompkins, deceased
Plaintiff, against Samuel Bertne, Saran NJ bef-
tine and Thomas B. Tompkins, Defendants;
Petition for completion OF real contract oi said
Ths 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,
his petition setting forth IN substance as lolloHs
That on the second day OF August, 1905 sald
Sarah c. ThOmpSins, then living, but now de-
ceased, being the owner Of the ioloWlng rear es-
state, situate in the City Of Cleveland, In SAID
county of Cuyahoga, and State OF ONO, ana de-
seribed as follows. tO-Wlt: " Known as belng al
that part OF the Maltby property SO called, pur-
chased by said Sarah G. ThOmpklns OF Luman
Parmelee, and being slxty-slX feet iront on Clln-
ton Park, and extending back OF uniform Wldtn
to Lake Erie, subject to the right OF way oi 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 a Mortgage executed by sad Sarah =.
Tompkins to secure the payment OF no.S @ lOI
the payment by said Sarah O. 10 said Meyer OF one
thousand collars with interest as therein stated,
and on which premises there we're also tIlen GER
tain liens for taxes, then and there entered into
| a contract in writing with sad Jacoo meyer lof
| the sale to HIM OF said premises, upon terms IN
said contract set forth, copy OF which contract
is attached 10 said pet ton that upon the exc
cution and delivery of said contract on the date
aforesaid, the said Meyer entered into, and has
| ever since renamed in possession OF the sald
| PREMISES under said contract; that said Sarah
| L. TOmpl1ins on the 10Th day OF March, 1861, re-
| siding then in Westchester county, in the State
\ Of New York, died, leaving will, duly executed
since admitted 10 Probate by the Surrogate o.
| said Westche. ter county, by which the Planti1
| was appointed sole executor OF her last VIII ana
| 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 VIII
/ the said Sarah c. Tompklns, after sundry De,
i quests to others, gaze. devised and bequeatheo
| 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 anc
directions of said Plaintiff a. Executor, hrst tC
| pay all her Just debts and expenses OF admins
tIation Of her estate, and the talance any, 10 %
retained By the said Sarah NJ. Bertine, as re
| muneratiOn in part for her care and blindness e
| said Testatrix, which resideum embraced all the
| interest Of said Sarah c. TOmpkins in the aboY,
| described premises and in said contract Will
said Never; and stating further that the defen
dant Thomas B. Tompkins who resides N tni
State OF California is the only brother OF salt
Sarah c. who survived her, she having left NJ
| sister, and is the only her at law OI saq Safal
G.; tha5 since the decease Of SAID Sarah o. Z
wit at the October term, 1862, OF the Dlstrio
Court within and for said Cuyahoga county,
final decree was ObtainpdIp the SUIT referred Il
in said contract IN favor Of said deylsee and dreP
resentatYe of the said Sarah @. TompklnsI nl
the terms of which the title to said premlse
was confirmed to said deWsee and representa-
tive and stating further that the Plaintiff a
| such Executor as Aforesaid, desiring TO com
plete said contract with said Meyer on behal
| both of SAID devisee Sarah NJ. Bertne and o
| said heir Thomas b. Tomp pkins, asks that upol
the final hearing Of said petit on he may be au
| thonzed to execute and deliver to the sM'
Jacob Meyer or his assigns, upon receipt OF tn
purchase money therefor, as in said eontrac
provided, deed of conveyance for said prem
ises as in said contract required.
S.J.ANDREWS, Plaintiffs Attorney.
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