Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-05-08
LEGAL NOTICES.
n N NM COUNTY,.

OTATEO OF OHIO, CUYAHOGACOON1i
- In Probate Court. William Q. DaYl9-
son, Executor Of Sarah g; esssb N Bsr,
Plaintiff. against Samuel Berthe, saTan n
tine and Thomas B.. TOmphns' DelenIan
Petition for completion OF real contract Oh salu
me said Defendants sre hereby notified thai
tbe plaintiff has fled in the Probate Court, N anu
for said county of Cuyahogai and StAte q Cno,
his petition forth IN substance as lOiOns
That ON the second day OF august 1898, s1u
Ssr1h q Thompkins, then living, but now de-
caased. being the. owner ofthe following real es,
fste. situate in the City OF Cleveland, m s4d
county Of CuyahOga, and State OF Ohloi ana ae-
scribed as follows, to-wit: Known as beng al
that part Of the Maltby property so called PuI-
chased by said Sarah @. ThOmpklns OF Lumlah
Parmelee, and being slxiy-six teet lfont on IN
ton Park. and extending back OF uniform Width
/ to Lax Ere, subject to the right OF way otthe
/ Cleveland and Pittsburgh and me Clefeiana anu
1 Eris Railroads, and TO all legal highways-
1 which premises one Jacob Meyer OF NieNelSh1i
! then held q Mortgage executed by sad SarAhO.
Tompkins to secure the payment o. q note LOT
! lie payment BY said Sarah c. to said Meyer Of one
| thonsand collars with interest as therein stated
and on which premises there were also tnen GER
lain liens for taxes, then and there entereu INTO
1 a contract in writing With sad jacob meyer ioI
! thesale to I'm OF said premises, upon terms IN
ssid contract set forth, q copy Of which contract
is attached to said pet ton that upon me exc
I cufOn and delivery Of sad contract on inc uato
aforesaid, the said Meyer e~nJeIealnt9' ny -
ever since remained in possession OF me stu1
premises under said contract that sald SSIAn
81 Tompkns on the 18th day Of March, ls6l, re-
sitting then in Westchester county, IN the otate
n NsHYOA died, leaving a Will, duly eNecutedi
since admitted 10 Probate by the ourlOgats ~
said Westminster county, by Whlch the fl9Iltl
vas appolnted sole executor Of her last Wlil anG
tssta51ent: that he has been duly qualIneo ano
has entered upon the discharge Of his duties, a.
sneh Executor that by the terms OF sad WI
the said Sarah c.. TompkinsI afteT sundry ~
ouests to others, gave, devised ana DequeAsASS
sJyil-ruaT ma VefsOnsIBo The Defendant Sarah
Berthe, who is the wife Of said Defendant, Sam
mel Berthe, both ofsaid city and county OF
York, to be applied BY her under the advice ano
directions Of said Plaintiff as Executor, hrst K
nav all her lust debts and expenses OF admins,
tIation of her estate, and the balance nany, to be
retained bV the said Sarah NJ. Berthe, IS q re-
muneration in partfor her care and kindness e
said TestatriX, which resideum embrnced all tht
interest Of said Sarah c. Tompkins in the above
described premises and in said contract witt
Faid Meyer and stating further that the deien
dant Thomas B. Tompkins who resides IN tn
State of California is the only brother OF saiC
Sarah C. who survived her, she having LEFT ne
ristsr. and is the only heir at law Of said Sarai
wit: at the October term, 1892, OF the DlstriC
3 Court within and for said CuyahOga county
final decree was Obtainedin the suit referred 4
in said contract IN favor Of said devisee and rep
) resentatiye Of the said Sarah Q. Tompkins, b.
the terms of which the title to said premise
I was confirmed to said devlsee and representa-
tive and stating further that the Plaintiff a
such Executor as Aforesaid, desiring to com
plete said contract with sad Meyer on Dehal
both Of SAID deYisee Sarah NJ. Bertne and G
Q said heir Thomas B. TOmpkins, asks that upol
the final hearing Of said petition he may, De au
= thorized TO execute and deliver 70 the sal
Jacob Meyer or his assigns Supon receipt OF tn
q, purchase money therefor as IN sad contrac
provided, a deed Of conveyance for SAID prem
ises as in said contract required.
S.JANDREWS, Plaintiffs Attorney.