Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-05-11
LEGAL NOTICES.
OTATEOFOHTO CUYAgOGACOUNTY,

OTATE OFOHI0, CUYAH0GACOUNfY,
- S. In Probate Court. William O. David
son, Executor OF Sarah c. Tompkns, deceased
Plaintiff, against Samuel Berthe, Saran N; Der
tine and Thomas B. TOmpkins' Delehdshts;
Petition for completion OF real contract OF SAD
The said Defendants are hereby notified that
the Plaintiff has filed in the Probate Court, IN ana
for said county Of Cuyahoga, and State OF ONO,
his neidou ~settingfouh in substance as follows
That on the second day Of August, 1905, sad
sarah C. ~Thompkins, then living, but now de-
ceased, being the owner Ofthe following real es-
tate, situate in the City Of Cleveland, IN sad
county Of CuvahOga, and State OF ONO, and de-
scribed as follows, to-wlt known as belng al
that part Of the Malthy property so called, Pur-
chased by said Sarah C.. Ihompklns OF Lumah
parmelep. and being Sixty-siX feet front 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 highway on.
which premises one Jacob Meyer, OF Ceveiand,.
then held a Mortgage executed by SAID Sarah c..
Tompkins to secure the payment OF q note ior
heDavmenl 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 hensfQr taxes then ana mere ehtereul mo
! a contract in writing with SAID jacob meyer LOT
! the sale to him OF said premises, upon terms IN
said contract set forth, a copy OF which contract
is attached to said pet ton that upon the exc
cudon and delivery Of said contract on the date
aforesaid, the said Meyer enteredinto, and has
| ever since remained in possession Of the sad
premises under said contract that sand Sarah
Z &. VOmpkins on the 10Th day OF March, 1871, re-
] siding then in Wesbehester county, IN the stare
of New York, died, leaving a will, duly executed,
] since admitted to Probate by the Surrogate OF
said Westchester county, by which the PlMnJl1
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
snch Executor that 10y the terms OF sald VIII
! the said Sarah c.. TompElns, after sundry pc
o1ests 10 others, gave. devised and bequeathed
aI the rest, residue and remainder of her estate
both real and personal to the Defendant sarah n
] Bertine. who is the wife OF said Defendant, sam
uel Berthe, both Of SAID city and county oil New
York, to be applied by her under the advice and
directions Of said Plaintiff as Executor, first to
nav all her just debts and expenses OF admins
! tIation Of her estate, and the balance uany, 10 be
retained BY the SAID sarah NJ. BerIne' as re-
muneration in parton her care and slndness 20
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 the deien-
dant Thomas 3. Tompkins who resides 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
] G.; that since the decease Of sad Sarah c. TO
wit: ut the October term, 1862 Of the District
/ Court within and for said CuyahOga county, a
| final decree was Obtainedin the suit referred 10
in said contract IN favor OF said deylsee andrep-
resentative Of the said Sarah C. Tompkins, by
the terms Of which the title to said premises
was confirmed to said devlsee and representa-
tive; and stating further that the Plantit as
such E3ecutor as aforesaid, desiring to COM
Both Of sad devisee Sarah NJ. Bertine and d
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, rs in said contract
provided, a deed Of conveyance for said prem
fses rs in said contract required
81. ANDREWS, Plaintiffs Attorney.
may2;Hs