Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-05-20
LEGAL NOTICES.
orATEoFoHo, OUYAaOaAOOUNTY

OTATEOFOHI0, CUYAdO6ACOONEt
rs q In Probate Court. William Q. DAVID
son, Executor OF Sarah Z; Iompkl9s qeSe@6 e1
plaintiff against Samuel Berthe, Sarah NJ; ber-
fine and Thomas B. Tompkins, Defendants;
Petition for completion OF real contract OIL salu
Testatrix. a.,
the Plaintiff has filed in the Probate Court, IN ana
for said county Of CuyahOga, and State OF ONO,
his petition s~ettingforth in substance as IolloWs
That on the second day OF August, 1eoo, sslu
Sarob q T~hompkins, then living, but now de-
ceased, being the owner OF the iot0Hlhs leal
tefe situate in the City Of Cleveland, IN sald
county of Cuyahoga, and State OF Ohlo' anu az
| scribed as follows, to-Wit: known as Oehg Al
| that part of the Maltby property SO calleq, put
| chased by said Sarah c. Thompkins o. Lu ~
Parmelee, and being sixty-slx feet front on I'M
ton Park, and extending back of uniform Wldth
| ~ I ake Erie. subject TO the right OF way OF the
| Cleveland and Pittsburgh, and the CleNelan1 anu
Erie Railroads, and TO all legal highways. IN
which premises one Jacob Meyer OF SietelanS'
tben held a Mortgage executed by SAID SarshO.
Tompkins to secure the payment OF q hotS loL
me payment by said Sarah {. to sad Meyero OF one
thousand dollars with interest as theIeih ~ ]
and on which premises there we're also then GER
tain liens for taxes, then and there eh.eIeu M
acontract in writing with SAD jacob hleyeL :.
the sale to him OF said premises, upon SaItSoni
said contract set forth, a copy OF WRlch eohtIae'
ia attached to said petition that upon tne exc
cution and delivery Of said CONTRACT on the uaNe
aforesaid, the said Meyer en~teredlnto' ana ~
ever since remained in possession OF the sag
nremises undeF said contract thaJ salu 5AraI
+ TomDkins on the 18th day Of March, 1861, re-
siding then in Westchester county IN INT otatS
Of New York, died, leaving Twill, aely easeH y
sinee admitted to Probate by the Surrogate g,
said Westehester county, by Whlehth fiSihLh
res amounted sole executor oil her lasgWli an,
estamept; that he has been duly quainea sh'
bos entered upon the discharge Of ms dnuesi a.
such Executor that by the terms Oh ssld w
the said Sarah C. Tompkins, aiteI SUNNY "
ouasts to Others, gave, devised ana oequeatnS
: an the rest, residue and remainder OF hsr eSISE
: 6a,6 TeaI and personal to the Defendant Sarah NJ
: 1a-tins ,Vbo is the wife Of said Defendant, sam
r mel Bertine, both of said city and county OF Ne'
: Work. to be applied by her under the ADVICE IN
: directions of said Plaintiff as Executor hrst
nav ali her lust debts and expenses Of ADMINS
= FIs}iCn of her estate, and the balance nany, 10 d
2 retained by the said Sarah NJ. Bertine, as a Re
muneration in part for her care and BlnaheSs !
. said Testatrix, which resldeum emDraeeu al ~
Q interest of said Sarah C. TOmpklns IN the soOE
: described premises and in said contract WI
said Never; and stating further thar the aelel
n dapt Thomas B. TOmpkins who RESIDES IN ~
State Of California IS the only Prother ~ pa a
sarah c. who survived her, she having leIt Z
ester and is the only heir at law OF salo sara
q: thai since the deeease of sad sarah y,
wit at the October term, 1857, OF we
u Court within and for SAD Cuyahoga SSu'
anal decree was obtainedin the SUIT referred
IN soid contract IN favor Of said deYlsee andre
resentative Of the said Sarah e. Iompklhsl
the terms of which the title TO sald pfemls'
was confirmed to said deViSee ann nm ISP;F
tive : and stating further that the Flalh1lh
sueh Executor as aforesaid, desiring 10 cor
pIete said contract with sad meyer on Oei'
both OF SAID devisee Sarah NJ. Bertne AND
said heir Thomas I. IomPkins' ass an1b p 4
tborized to execute and deliver TO the sa
Jacob Never or his assigns, upon receipt OF :
purchase money therefor, as IN sald Sont1,
provided, deed of conveyance ir salu PREF
ises as in said contract required.
~ 81. ANDREWS, Plaintiffs Attorney
may2:4S