Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-06-02
April 30, Is6s.443
CTATE oFOHIO, ,CUYAaOGA COUNTY,

CTATE OF OHIO, ,CUYAG0GAC COUNTY,
- S. s. In Probate Court. William @. David
son, Executor of Sarah G. Tompkins, deceased,
Plaintiff, against Samuel Bertine, 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 fled in the 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 August, 1858, said
Sarah c. Thompkins, then living, but now de-
ceased, being the owner Of the following real es-
state, situate in the City Of Cleveland, in said
county of Cuyahoga, and State of Ohio, and de-
| scribed as follows, to-Wit: &" Known es beng al
that part of the Matby property so called, pur-
chased by said Sarah G. Thompkins OF Luman
Parmelee and being sixty-si feet frsnt on Clin-
ton Park, and extending back Of uniform width
to Lake Erie, subject to the right Of way Of the
Cleveland and Pittsburgh, and the Cleveland and
Erie Railroads, and to all legal highways" On
which premises one Jacob Meyer, of Cleveland,
then held q Mortgage executed by said Sarah O..
Tompkins to secure the payment Of note for
the payment by said Sarah c. to said 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
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 petition; that upon the exc
eution and delivery of said contract on the date
aforesaid, the said Meyer enteredinto, and has
ever since TeultlluDu III pO5SeSslOu VI lllE adlu
premises under said contract; that said Sarah
Q. TOmpl1ins on the 10Th day of March, 1861, 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 Westchester 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 to the Defendant Sarah NJ.
Bertine, 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 of said Plaintiff a. Executor, first to
pay all her just debts and expenses of admins
tIation Of her estate, and the aance ifany, to be
retained b. the said Sarah NJ. Bertine, as q re-
muneratiOn in part for her care and Eindness 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 defen-
dant Thomas B. TOmpkins who resides in the
State of California is the only brother of said
Sarah G. who survived her, she having left no
sister, and is the only heir at law Of said Sarah
O.; lhas since the decease of sad Sarah c., to
wit: at the October term, 1862, Of the District
Court within and for said Cuyahoga county, q
final decree was obtainedIn the suit referred to
in said contract IN favor Of said deVlsee andrep-
resentative Of the said Sarah C. Tompkns, by
the terms Of which the title to said premises
was confirmed to said devisee 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 devisee Sarah NJ. Bertine and Of
said heir Thomas B. Tompkins, asks that upon
the final hearing of said petition he may be au-
thor1zed to execute and deliver to the said
Jacob Meyer or his assigns, upon receipt OF the
purchase money therefor, as in said contract
provided, deed &C conveyance for said prem
ises as in said contract required.
8. ]. ANDREWS, Plaintiffs Attorney.
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