Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-05-27
CTATEOFOHIo. NEUTRALITY-SUSPICIOUS.

GTATE 0F0HI0, CUYAH0GAC0UNTY
= SIS. In Probate Court. William G. David.
son, Executor of Sarah c.. T~ompkins, deceased
Plaintiff, against Samuel Berthe, Sarah NJ Ber-
tine and Thomas B. TOmpkins, Defendants.
Petition for completion Of real contract Of said
Testatnx.
The said Defendants are hereby notified that
the Plaintiff has fledinthe Probate Court, in and
for said county of Cuyhoga, and State Of Ohio
his petition setting forth in substance as follows
That on the second day Of Aug 1871, 1858, SAID
Sarah g. T~hompkins, then living, but now de-
ceased, being the owner Ofthe following real es-
county ofCuyahOga, and State of Ohio, and de-
scribed as follows, tO-Wit: Known as beng Al
that part Of the Maltby property SO called, pur,
chased by said Sarah G. Thompkins OF Luman
Parmelee, and being sixty-six feet front on Clin-
ton Park, and extending back of uniform width
to Lake Erie, subject to the right Of Wsy Of the
Cleveland and Pittsburgh, and the Cleveland and
Erie Railroads., and to all legal highways" Oh
which premises one Jacob Meyer, Of Cleveland,
then held q Mortgage executed by said Sarah G.
TOmpkins to secure the payment OF anote for
the payment by said Sarah Q. TO said Meyer Of one
thousand collars with interest as therein stated,
and on which premises there we're also then 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 copy OF 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 entered into, and has
ever since renamed IN possession OF the sad
premises under said contract that said Sarah
@. TOmpkins on the 18th day Of March, 1861, re-
siding then in Westchester county, in the State
of NeR York, died, leaving will, duly executed
since admitted 10 Probate by the Surrogate Of
said Westche-ter 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 that by the terms of said will
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 70 the Defendant Sarah n.
Berthe, who is the wife of said Defendant, Sam
uel Berthe, both Of said city and county Of New
York, 10 be applied by her under the advice and
directions Of said Plaintiff as Executor, first to
pay all her just debts and expenses Of adminIs-
tIation Of her estate, and the ralance ifany, TO be
retained bY the said Sarah NJ. Berthe, as q re-
Enumeration in part for her care and Blindness to
said Testatrix, which resideum embraced all the
interest Of said Sarah C.. 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 in the
State Of California is the only brother Of said
Sarah @. Who survived her, she having left no
sister, and is the only heir at law Of said Sarah
c. tha5 since the decease Of SAID Sarah c., to
wit at the Oatober term, 1862, Of the District
Court within and for said Ouy9hoga county, a
final decree was obtainedIn the suit referred to
in said contract IN favor OF said deVisee and rep
Of the said Sarah G. Tompkins, by
the terms of which the title to said premises
confirmed to said deTisee and representa-
tive and stating further that the Plaintiff as
Executor as aforesaid, desiring to COM
plete said contract with said Meyer on behalf
both Of SAID devisee Sarah NJ. Berthe and Of
said heir Thomas B. TOmpkins, asks that upon
the final hearing Of said petition he may be au-
thorlzed 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
as in said contract required.
s. ANDREWS, Plaintiff Attorney.
may2.443