Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-05-05
LEGAL NOTICES,
ITATR OF OHIO CUYAgOGACOUNTYI

CTATE 0F0HI0, CUYAG0GAC0UNFY,
- SIS. In Probate Court. William Q. David
son, Executor OF Sarah c. Tompkins, deceased,
Plaintiff. against Samuel Berthe, Sarah NJ; Ber-
tine and Thomas B. Tompkins, Defendants:
Petition for completion OF real contract OF SAID
I'M said Defendants are hereby notified that
the Plaintiff has fled in the Probate Court IN and
for said county Of Cuyahoga, and State Of Ohio,
his petition settingf forth in substance as follows
That on the second day Of August, 1855, said
Sarah c Thompkinss then living, but now de-
ceased, being the owner Ofthe following real es-
tate, situate in the City OF Cleveland, in said
county Of CuyahOga, and State OF Ohio, and de-
scribed as follows, tO-Wit: known as being Al
that part Of the Ala,tby property so called, pur-
chased by said Sarah O. Thnmpkins Of Luman
Parmelee, and being siXty-siH feet front on Gin
ton Park. and extending back Of uniform width
TO Lake Erie, subject to the right OF way OF the
Cleveland and Pittsburgh, and he Cleveland and
Erie Railroads, and to all legal highways On
which premises one Jacob Meyer, Of Cleveland,
then held a Mortgage executed by said Sarah G.
T%Ompkins to secure the payment OF a note for
the payment by said Sarah G. to said Meyerof one
Thousand collars with interest ss therein stated,
and on which premises there we're also then GER
tain liens for taxes, then and thtr entered into
a contract in writing with said Jacob Meyer for
the sale to HIM OF said premises, upon terms in
said contract set forth, a copy or which contract
is attached to said pet ton that upon the exc
cutiOn and delivery Of said contract on the date
Aforesaid, the said Meyer entsrsdintO, and has
ever since remained in p session Of the said
premises under said contract that said Sarah
c. TOmpkins on the 18th day Of March, 1851, re-
siding then in Westchester county, in the State
OF New York, died, leaving will, duly executed,
since admitted TO Probate by the Surrogate OF
said Westehester 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 thst by the terms of said will
the said Sarah G.. Tompkins. after sundry be-
quests to others, gave, devised snd bequeathed
oil tho resi- rnafdna and rnmalnnaT of hpT estate
both real and personal to the Defendant Sarah NJ.
Berthe, who is the wife Of said Defendant, Sam
uel Berthe, both Of said city and county Of New
York, to be applied by her under the advice and
directions or said Plaintiff as Executor, hrst 70
pay all her Just debts and expenses OF admins
tIatlOn Of her estate, and the balance nany, to be
retained BY the said Sarah NJ. Berthe, as 8 re-
muneratiOn in partfOr her care and Bindness to
said TestatriX, which resideum embraced all the
interest Of said Sarah G. Tompkins in the above
described premises and in said contract with
said Meyer; and stating further that tho defen-
dant Thomas B. TOmpkins who reside in the
State of California is the only brother Of said
Sarah c. who survived her, she having LEFT no
sister, and Is the only heir at law Of said Sarah
c.; that since the decesse Of SAID Sarah c., to
wit at the October term, 1862, Of the District
Court within and for said Cuyahogs county, q
final decree was obtainedin the suit referred to
in said contract IN favor Of said deTisee and rep
resentative Of the said Sarah C. Tompkins, by
the terms Of which the title to said premises
was confirmed TO said deYisee and representa-
tive and stating further that the Plaintiff as
such Executor as aforesaid, desiring to COM
plete said contract with said Meyer on behalf
both OF SAID deTisee Sarah NJ. Berthe and Of
said heir Thomas B. Tompkins, asks that upon
the final hearing Of said petition he may be au-
thorized to execute and deliver TO the said
Jacob Meyer or his assigns, upon receipt OF the
purchase money therefor, as in said contract
provided, a deed Of conveyance for said prem
ises IS in said contract required.
may2:AS
r EGAL NOTICE.-The Rtna Insurance
Company of Hartford, Connecticut, will take
notice that Martin Johnson has fled his petition
in the Court Of Common Pleas OF Cuyahoga coun-
ty, in the State Of Ohio, against said Etna Insur-
ance Company, setting forth that on the 9th day
Of May, 1862, the said Etna Insurance Company
issued to said Johnson R policy Of insurance and
thereby insured said Johnson against loss or
damage by fire to the amount Of two thousand
dollars, for the term ofone hundred and twenty
six days. namely: From May 9TH, 1862, at u
O'Clock at noon until October lst, 1862, at II
o'clock at noon, on his, said JOhnson's, fishing
tackle, consisting Of Irvine, canvass, household
goods, tools, and such other things as are used
in the fishing business, all then being and con-
tanned in a small wood building situated on the
dock, corner Of Locust and Water streets, on lot
No. 9S4. Vistula division to the city OF Toledo, in
the State Of Ohio, and thereby promised and
agreed to make good unto said Johnson all such
immediate loss or damage not exceeding in
amount S2s0OO.O0, as should happenb by FIRE to the
property above mentioned, for the period Oftime
above stated, other than FIRE which might hap
pen or take place by means Of any invasion, in
surrection, riot, or civil eommotioR, or Of any
military or usNrped power, and except loss by
theft at or after afre, TO be paid within SIXTY days
after notice aud proof of said loss or damage
should be made by said johnson TO said EtnA In
surance Company, in conformity to the condi-
tons annexed to said policy; That said proper
ty, on the 9Th day Of September, 1862, was, in
said wood building situated as aforesaid, acct
dentallY and by misfortune wholly consumed by
fire, other than fire which happened by means OF
any invasion, instruction, riot or civil commo-
ton, or Of any military or usurped power That
on said 9th day Of May, 1862, and also at the time
gifts destruction and damage by fire. as herein
before stated, said property was worth s5,0Oo,OO
and more; that said Johnson performed all the
conditions Of said policy on his part to DO per-
that forthwith after said loss, said John, |
son gave notice to said Rtna Insurance Company
Of said loss, and as soon thereafter as possible, |
to wit, on or about the Sd day Of October, 1902, |
to said Etna Insurance Company a /
account Of said loss, signed with his
hand and verified by his oath and that by rea-
sOn Of the PREMISE said Etna Insurance Com |
pany became, and is liable to pay 70 the said
the sum Of two thousand dollars, with
interest thereon from December 4th, 1862, and
Etna Insurance Company for S2,OO0,0O, with in
crest on the same from December 4th, 1902.
Etna Insurance Company is required 10
ppear and answer said petition on or before the
tn day of fully, 1863.
April 80, 1853. Attorney for PlaintiR
. DEMONSTRATORS SALE.-
u Personal Property belonging to The Estate Of
.euben n. Blackmer, deceased, corsi ting Of a good
nggT, Table, Bureau, Chairs, and Osher property,
lI1 be sold e gublie auction az the lac dwelling