Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-05-07
-IEnAL NOTICES.

CTATE OFOHIO,C UYAHOGA COUNTY
- 6. In Probate Court. William O.. DAVID
son, Executor OF Sarah c. TomPkins, deeeaSee'
Plaintiff, against Samuel Berthe, sarah N; per
fine and Thomas b. Tompkins, Defendants;
Petition for completion OF real coh1fHc' u 9@N
Testatrix. ~,
the Plaintiff has filed in the Probate Court, in and
for said county Of Cuyahoga, and State OF Ohlo,
his petition settingferth in substance as follows
That on the second day Of August, lsos, sLu
sarah C. Thompkins, then living, but now oe-
ceased, being the owner ofthe following rear es-
tate, situate in the City or Cleveland, IN sara
county Of Cuyahoga, and State OF Ohlo' ana de-
scnbe as follows, tO-Wlt: known as oeinB
that part Of the Maltby property so called, pur-
! chased BY said Sarah C. ThOmpklns OF Lumah
| Parmelee, and being sixty-six feet front on Yin
ton Park, and extending back Of uniform Wldtn
! to Lake Erie, subject TO the right Of way OF the
] Cleveland and Pittsburgh, and the Cleveland snd
Erie Railroads, and 10 all legal Highways, On
/ which premises enc Jacob Meyer, OF CleFeLen1S
] then held a Mortgage executed by said Sarah G.
Tompkins to secure the payment OF q nole ior
the by said Sarah C.tO said Meyero Of one
thousand dollars with interest as therein slsteo'
and on which premises there we're also Ihe1 ceI-
tain liens for faxes, then and there entered INTO
] a contract in writing with sad jacob meyer iOI
the sale to him OF said premises, upon terms IN
said contract set forth, q copy OF which contract
is attached to said petition that upon the exc
eutiOn and delivery of said contract on the dAte
aforesaid, the said Meyer enteredlnto' ana haS
ever since remained IN possession OF the sAi9
nrpmises under said contract that SAID Saran
3. Tompkins on the 18th day Of March, 1861, re-
siding then in Westchester county, IN the otate
Of New York, died, leaving a viii, duly executed,
since admitted to Probate by the Surrogate OF
said Westchester county, by when the fiSInLl1
was appointed sole executor of her last VIII anG
testament; that he has been duly quailhed and
has entered upon the discharge Of his duties, as
such Executor that by the terms OF SAD val
the said Sarah G, THEne a5R1seu a ma 65ee6h13Gathed
al the rest, residue and remainder OF her estate
both real and personal to the Defendant SARAH NJ.
Berthe, who is the wife Of said Defendant, sam
mel 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, hrst q
nav all her lust debts and expenses Of admins
tIation Of her estate, and the balance nany, to be
retained by the said Sarah M Berthe, as 8 re-
Enumeration in partfor her care and kindness "a
! said TestatriE, which resideum embraced az the
interest Of said Sarah G.. TOmpkins in the above
described premises and IN SAID contract VIII
said Meyer; and stating further that the defen'
dant Thomas B. TOmpk1ns who resides IN toe
State OF California Is the only brother OF ssid
Sarah c. who survived her, she having LETT nc
! sister, and is the Uuiy heir at Law OF sad SaraE
G.; that since the decease Of Eald Sarah c. Z
wit: at the October term, 1852, Of the District
II Court within and for said Cuyahoga county 1
final decree was obtainedin the suit referred K
in said contract N favor OF said devsee and rep
resentatve Of the said Sarah c. Tompkins, by
the terms Of which the title to said premises
was confirmed to said devisee and represents
tive and stating further that the Plalntn a
such Executor as aforesaid, desiring 70 com
plete said contract with said Meyer on behal
both OF sad deVisee Sarah NJ. Berthe and o
said heir Thomas B. Tompklns, asks that upol
the final hearing OF said petition he may be au
|. thorized to execute and deliver to the san
Jacob Meyer or his assigns, upon receipt Of tn
purchase money therefor, as IN SAID eontrae
proyided, a deed OF conveyance for said prem
ises as in said contract required.
s. ANDREWS, Plaintiffs Attorney.