Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-05-21
LEGAL NOTICES.
TATEOFOHIo NEUTRALITY-SUSPICIOUS.,

kNTAIE VI OnAO3 W uOOA
6 6. In Probate Court. William @. David
son, Executor OF Sarah G. Tompkins, deceased,
Plaintiff, against Samuel Berthe, Sarah N: Ber-
tine and Thomas B. Tompkins, Defendants;
Petition for completion Of real contract OF sad
me said Defendants are hereby notified that
the Plaintiff has filed in the Probate Court, in and
for said county Of Cuyahoga, and State OF Ohlo'
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-
tate, situate in the City OF Cleveland, IN sslo
comfy Of CuyahOga, and State of Ohio, and de-
seribed as follows, tO-W1t: KNOWN as Delng al
that part Of the Maltby property so called, pur-
chased by said Sarah G. Thompkin OF Luman
Parmelee, and being sixty-six feet front on Gin
ton Park, and extending back Of uniform width
to Lake Erie, subject to the right OF way OF tine
Cleveland and Pittsburgh, and the Cleveland and
Erie Railroads, and to all legal highways" ON
which PREMISE one Jacob Meyer, of Cleveland,
/ then held q Mortgage executed by sad SarahO-
I Tompkins to secure the payment OF a note Tor
] the payment by said Sarah C.. to sad Meyer OF one
! Thousand dollars with interest as therein stated,
/ and on which premises there were also then Ger
tain liens for taxes, then and there entered INTO
n contract in writing with said jacob meyer loI
! the sale to him Of said remises, upon terms IN
/ said contract set forth, a copy Of which contract
is attached to said petition that upon tne exc
cution and delivery Of said contract on the daUe
aforesaid, the said Meyer enteredlnto, and mas
ever since remained in possession OF the sald
premises under said contract that said SaTah
C.. Tompkins on the 18th day Of March, 1861, re-
siding then in Westchester county, IN the STATE
Of New York, died, leaving awhl, duly executed,
since admitted to Probate by the Surrogate OF
said WestchesteT county, by which the FlantiH
was appointed sole executor Of her last VIII and
testament; that he has been duly quallhed ana
has entered upon the discharge Of his duties, as
such Executor that by the terms OF sad VIII
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 real and personal to the Defendant Sarah NJ.
Bertne, who is the wife Of said Defendant, sam
uel Berthe, both Of said city and county OF New
York, to be appied by her under the ADVICE ana
directions of said Plaintiff a Executor, hrSt TO
nav all her lust debts and expenses OF admins
tIation Of her estate, and the alance nany, 10 be
retained by the said Sarah NJ Berlne, as a re-
muneratiOn 10 part for her care and blindness 10
said TestatriE, which Tesldeum embraced all the
interest Of said Sarah C. TOmpkins in the above
described premises and in said contract WITH
said Meyer and stating urther that me deieh'
dant Thomas B. TOmpkins who resides N the
State of California Is the only brOtner OF salu
Sarah G. who survived her, she having left nc
sister, and is the only heir at law OF sad Sarah
C.; thai since the decease Of SAID Sarah T., &c
wit at the October term, 1867, OF the DlstFlcl
Court within and for sad Cuyahoga county, s
final decree was obtainedin the suit referred tC
in said contract IN favor Of said deylsee and rep
resentative Of the said Sarah Q. Iompklns, 10y
the terms of which the title TO SAID premises
was confirmed to SAID deYlSee and representa-
tive; and stating further that the Plaintiff as
such Executor as aforesaid, desiring to com
plete said contract with said Meyer on 0ehal
both Of SAID devisee Sarah NJ. Berthe and o
said heir Thomas Is. TOmpklns, asks that upOl
the final hearing Of said petition he may be au
thOrized to execute and deliver to the salt
Jacob Meyer or his assigns, upon receipt oil tn
purchase money therefor, as In SAID eontrac
provided, a deed of conveyance for SAID prem
ises as in said contract required.
Sd ANDREWS. Plaintiffs Attorney.
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