Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-05-29
April 80, 1858 AS
OTATEOFOHIO CUYAHOGACOUNTY.

CTATE OFOHIO, CUYAHOGACOUNTY,
- SIS. In Probate Court. William G. David
son, Executor Of Sarah G.. Tompkins, deceased,
Plaintiff, against Samuel Berthe, Sarah M. 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 fledin 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, 1858, SAID
Sarah c. ~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 as follows, tO-wit Known as beng al
that part of the Maltby property so called, pur-
chased by said Sarah c. Thcmpkins OF Luman
Parmelee, and being sixty-six feet front on Gin
ton Park, and extending back Of uniform width
to Lake Erie, subject 10 the right Of wsy ofthe
Cleveland and Pittsburgh, and he Cleveland and
Erie Railroads, and to all legal highways" On
which premises one Jacob Meyer, Of Cleveland,
then held q Mortgage executed by said Sarah c.
Tompkins to secure the payment OF a note for
the payment by said Sarah Q. TO said 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
q contract in writing with sald Jacob Meyer for
the sale to HIM OF said premises, upon terms in
said contract set forth, a copy Of which contract
is attached to said petition that upon the exc
cutlon and delivery OF said contract on the date
aforesaid, the said Meyer enteredlntoi and has
GNtA AAANV AlAAAAO III lDooNolACA "a AA| 9aAA
premises under said contract that said Sarah
q. Tompkins on the 18th day of March, 1861, re-
siding then in Westchester county, in the State
of New York, died, leaving q will, duly executed,
since admitted TO Probate by the Surrogate Of
said Westchester county, by which the Plaintiff
was appointed sole executor of her last Will and
testament; that he has been duly qualified and
has entered upon the discharge of his dutiesi as
such Executor that by the terms Of said Will
the said Sarah c. TOmpkins, after sundry be-
quests to others, gave, devised and bequeathed
oil the -asNH EaufNra and wawnarnAaN If her aaFn#r
both real and personal to the Defendant Sarah u.
Berthe, who is the wife of said Defendant, Sam
uel 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 inst debts and expenses Of adminls-
tIation OF her estate, and the talance ifany, TO be
retained By the said Sarah NJ. Berthe, as a re-
muneratiOn in partfor her care and Blindness to
said Testatrix, which resideum embraced all the
interest Of said Sarah @. Tompkins 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 Of said Sarah
c.; THAI since the decease Of SAID Sarah c., to
wit: at the O0tober 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 said deviSee and rep
resentative Of the said Sarah C. Tompkins, BY
the terms of which the title to said premises
was confirmed TO said deUsee and representa-
tive and stating further that the Plaintiff as
such Executor as Aforesaid, desiring to COM
plete said contract with said Meyer on behalf
both OF sand devisee Sarah NJ. Berthe and Of
said heir Thomas B. Tompkins, asks that upon
the final hearing Of said petit on he may be au-
thorlzed to execute and deliver to the SAID
Jacob Meyer or his assigns, upon receipt Of the
purchase money therefor, as in said contract
provided, 6 deed Of conveyance for said prem
ises as in said contract required.
s ANDREWS, Plaintiffs Attorney.
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