Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-05-30
CTATEoFOHIO, CUYAaOGACOUNTY

GTATE0 OF OHIO, CUHA6OGACOUhI1,
SIS. In Probate Court. William O.. David
son, Executor Of sarah e 9eS q Be-,
tine and Thomas E. Tompktns, Defendants;
Petition for completion of real contract OF SAD
Testatux.
the Plaintiff has fled in the Probate Court, IN and
for said county OF Cuyhoga, and State OF Ohlo'
his petition setting forth in substance as fellows;
That on the second day of Aug lst, 1898, seld
sarah Q. Thompkins, then living, but now de-
ceased, being the owner OF the loHoWlng Eeal e.,
state, situate in the City OF Cleveland IN sslo
county Of Cuyahoga, and State OF ONO and ae-
seribed as follows, to-wit: KNOW as beng al
that part Of the Maltby property so called, Pur-
chased by said Sarah e.. Thompklns OF Luman
Parmelee, and being sixty-six feet front on CLln-
ton Park, and extending back Of uniform width
to Lake Erie, subject to the right or way ottne
Cleveland and Pittsburgh, and me CleYelanq ano
Era Railroads, and 10 all legal highways" On
which premises one jacob meyer, OF SleVel4nG'
then held q Mortgage executed by SAID sarsnO.
Tompkins TO secure the payment OF 8 note LOT
The payment by said Sarah g. to sad meyer OF one
thousand collars with interest az therein stared
and on which premises there were also lnen GER
tain liens for taxes, then and there 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, q copy of which contract
| is attached 70 said pet ton that upon the exc
cution and delivery of said contract on the date
aforesaid, the said Meyer enteredlnto, ana mas
ever since remained in possession or the SAID
| premise under said contract that SAID 5arah
D.. Tompkins on the 18th Gay Of March, 1851, re-
siding then in Westchester county, IN the stale
of New York, died, leaving anvil duly executed
since admitted TO Probate by the surrogate o.
said Westche-ter county, by which the Plaintiff
was appointed sole executor OF her last Will ana
testadlent that he has been duly qualified and
las entered upon the discharge Of his duties, as
such Executor that by the terms Of said VIII
the said Sarah C. TOmpkins, after sundry De,
/ quests to Others, gave, devised and bequeathed
all the rest, residue and remainder OF her estate
| both real and personal to the Defendant Sarah N.
! Berthe, who is the wife of said Defendant sam
/ mel Bertine, both Of said city and county Of New
York, to be appied by her under the advice and
| directions of said Plaintiff a. Executor, hrst to
paw all her just debts end expenses OF admins
tIaton Of her estate, and the ralance nanyi 70 be
retained by the said Sarah M. Berthe, as a re-
enumeration in partfor her care and Blindness to
said Testatrix, which resideum embraced all the
interest of said Sarah O.. Tompkins in the above
described premises and IN SAID contract WITH
said Meyer; and stating further that the deien-
dant Thomas b. TOmpkins who resides m 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 SAD Sarah
c.; thas since the deeease Of sad Sarah O., to
wit: at the O0tober term, 1862, Of the District
Court within and for said Cuyahoga county a
final decree was obtainedln the suit referred 70
in said contract IN favor Of said deYlsee andreP
resentative of the said Sarah G. Tompklns, by
the terms of which the title to said premises
was confirmed to said devisee and representa-
tive and stating further that the PlaintlH as
such Executor as aforesaid, desiring to com
plete said contract with said Meyer on behalf
both of SAID devisee Sarah NJ. Bertine 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 as in said contract required.
msy2:443