Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-05-23
LEGAL NOTICES,
CTATEOFOHIO, CUYAGOGACOUNTY

GTATE OF OHIO, CUYAa0GA COUNTY,
- SIS. In Probate Court. William G. DAVID
son, Executor OF Sarah Q PomPkinss DECEASED,
Plaintiff, against Samuel Berthe, Sarah N. Ber-
tine and Thomas B. Tompkins, Defendants.
Petition for completion Of real contract Of said
Testatnx. o.,
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 follows
That on the second day Of August, 1883, said
Sarah C.. Thompkins, then living, but now de-
ceased, being the owner Ofthe following real es-
state, situate IN the City OF Cleveland, IN sad
county of Cuyahoga, and State OF Ohio, and de-
scribed rs follows, tO-wit: "knoWn as beng al
that part OF the Maltby property so called, pur-
chased by said Sarah c.. Thompkns OF LumRn
Parmelee, and being sixty-siX feetffont on Cln-
ton Park, and extending back OF Uniform width
to Lake Erie, subject to the right OF way otthe
Cleveland and Pittsburgh, andthe Cleveland and
Erie Railroads, and to all legal highways" On
which premises one Jacob Meyer, OF CleTelands
then held a Mortgage executed by said SarahC.
TOmpRins to secure the payment Of q note Tor
| the naymentby said Sarah @. to said Meyer Of one
| thousand collars with interest as therein stated
and on which premises there were also then GER.
! tain liens for faxes, then and there entered into
! contract in writing with said Jacob Meyer for
I 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
! cution and delivery of said contract on the date
] aforesaid, the said Meyer enteredinto, and mas
ever since remained in possession Of the SAID
/ premises NAlEE Edl4 COuklHeh . b2lAN A1AAH GdAaA
u. Tomplins on the 18th day Of March, 1861, re-
! sidingthen in Westchester county, in the State
! Of New York, died, leaving Rwhl, duly executed,
since admitted 70 Probate by the surrogate OF
/ said Westchesterc 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 duties, as
such Executor inst by the terms Of said will
the said Sarah C. TOmpkins, after sundry be-
quests to Others, gave, devised and bequeathed
| all the rest, residue and remainder Of her estate
] both realand personal to the Defendant SarahM.
Berthe, who is the wife of said Defendant, Sam
uel Berthe, both of said city and county Of New
York. to be app led by her under the advice and
directions of said Plaintiff as Executor, first to
nav all her Just debts and expenses OF admins
t1ation Of her estate, and the talance fany, 10 be
retained b. the said Sarah NJ. Berthe, as ire
Enumeration in partfor her care and Blindness 20
said TestatriX, which resideum embraced al the
interest Of said Sarah G. Tompklns IN the above
described premises and IN said contract with
said Never; and stating further that the delen-
dant Thomas B. TOmpkins who resides in the
State of California is the only brother Of said
! Sarah c. who survived her she having let nc
sister, and is the only heir at law Of said Sarah
G.; lha5 since the decease Of SAID Sarah C-s 70
| Wit at the October term, 1852, Of the District
Court within and for said Cuyahoga county, 8
final decree was obtainedm the suit referred tc
in said contract IN favor Of said deylsee and rep
resentative Of the said Sarah C. Iompk1nsi Dy
the terms of which the title to said premises
was confirmed to said devisee and represents
tive and stating further that the Plaintiff a;
such Executor as aforesaid, desiring to com
pIete said contract with said Meyer on behal
both Of SAID devisee Sarah NJ. Berthe and o
said heir Thomas B. Tompkins, Asks that upoI
the final hearing of said petition he may be au
thorized TO execute and deliver to the sai6
Jacob Meyer or his assigns, upon receipt of th'
purchase money therefor, as in said eontrae
provided, n deed Of conveyance for said prem
! ises as in said contract required.
S. ANDREWS, Plaintiffs Attorney.
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