Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-06-12
LEGAL NOTICES.
.CUYAHOGACOUNTY,

CTATE OF OHIO, ,CUYAa0GA COUNTY,
- s.. s. In Probate Court. William c. David
son, Executor of Sarah c. Tompkins, deceased
Plaintiff, against Samuel Bertne, Sarah NJ. Ber-
tine and Thomas B. TOmpkns, Defendants.
Petition for completion Of real contract Of saAd
TestatuX.
The said Defendants are hereby notified that
the Plaintiff has filed 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 lS5s, sald
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 sald
county Of Cuyahoga, and State OF Ono, and de-
scrlbed as follows, to-Wlt: Known as helng a.
that part OF the Maltby property 50 called, pur-
chased by said Sarah Z. ThOmpklns o. LuInan
Parmelee, and being sixty-siX feet tront on Gin
ton Park, and extending back OF UNIFORM Wldth
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 Clevei2nd'
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 collars 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 GATE
aforesaid, the said Meyer enteredinto, and has
ever since renamed IN possession OF the SAID
e. Tompkins on the 10th 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 Westchester county, by which the Plalntln
was appointed sole executor Of her last VIII and
testament; that he has been duly quallhed ana
has entered upon the discharge OF his duties, as
such Executor thst by the terms oil sald VIII
| the said Sarah G. TOmpklns, fater sundry De-
quests to others, gave, devised and bequeatned
all the rest, residue and remainder Of her estate
both real and personal to the Defendant oarau NJ
| Bertine who is the wife of said Defendant, sam
uel Bertine both of said city and county OF New
! York, to be applied by her under the advice and
directions of said Plaintiff as Executor, nrst 70
nav all her lust debts and expenses OF admins
tIaton Of her estate, and the alance II any 70 be
! retained bg the said Sarah NJ. Berthe, as re-
| muneration in part for her care and Blndness TO
! said Testatrix, which resideum embraced ali the
I interest of said Sarah G. TOmpkns IN the above
/ described premises and IN said contract with
| said Never; and stating further that the deien-
I dant Thomas B. TOmpklns who resides IN the
State of california is the only brother OF sald
Sarah G. who survived her, she having LEFT no
sister, and is the only heir at law OF sald 5aTah
j c.; thas since the decease of sad Sarah G., to
wit at the October term, 1852, OF the District
/ Court within and for said Cuyahoga county, 8
! final decree was obtainedln the suit referred 70
in said contract IN favor OF SAID deYlSee ana rep
! resentatiye Of the said Sarah O. Tompklnsi 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 aforesaid, desiring TO com
pete said contract with sad Meyer on Dehal
\ both of SAID devisee Sarah NJ. Bertine and o.
| said heir Thomas b. TOmpknss asks that upo1
the final hearing of said petition he may De au,
| thouzed to execute and deliver to the salC
| jacob Meyer or his assigns, upon receipt OF the
| purchase money therefor, as in said con trac
provided, deed of conveyance for said prem
| ises as in said contract required.
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