Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-05-22
LEGAL NOTICES.
CrATEoFoHTo NEUTRALITY-SUSPICIOUS.

a.
- SIS. In Probate Court. William o. David
son, Executor ofSaTah G. Tompkins, deceased,
Plaintiff, against Samuel Berthe, Sarah NJ Ber-
tine and Thomas B. Tompkins, Defendants.
Petition for completion OF real contract Of said
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 Ono
his petition setting forth in substance as follows:
That on the second day Of August, 1858, sad
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 sad
county Of CuyahOga, and State Of OHIO, and de-
scribed as follows, tO-wit: known as Oelng a.
cbasead bv said sarah {. Thompkins OF Luman
Parmelee, and being siXty-six feet front OF Cnn-
ton Park, and extending back Of uniform width
to Lake Erie, subiect 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 CleYeland'
then held a Mortgage executed oy sald saFshO.
| Tompkins to secure the payment Of a note Tor
| the payment by said Sarah c. to said Meyero OF one
| thousand dollars With interest as therein stated
and on which premises there we're also then eeL-
| tam 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 to said petition that upon the exc
/ cution and delivery Of said contract on the date
/ aforesaid, the said Meyer enteredinto, and mas
ever since renamed in possession OF the sald
| premises under sad contract tnat sara oarah
/ .. Tompkins on the 18th day of March, 1861 re-
| siding then 10 Westchester county, IN the state
of NeR York, died, leaving q will, duly executed,
| since admitted to Probate by the surrogate Of
said Westchester county, by which the PlalntlH
was appointed sole executor Of her last VIII 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 VIII
the said Sarah G. T~ompkins, after sundry be-
quests to others, gave, devised and Dequeathed
! all the rest, residue and remainder Of her estate
both real and personal to the Defendants Sarah n.
Berthe, who is the wife OF said Defendant, sam
mel Bertine, both Of said city and county Of
York, to be applied by her under the advice and
directions of said Plaintiff a. Executor, first to
paw all her Just debts and expenses OF admins
tIatOn Of her estate, and the alance nany, to be
retained by the said Sarah NJ. Berthe, as a re-
muneration in partfOr her care and sindness TO
said Testatrix, which residsum 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 b. 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 sald Sarah
O.; IhRs since the decease Of SAID Sarah e., to
WIT: at the October term, 1852, Of the District
Court. within and for said OuyRhOgs county, a
final decree was obtainedin the suit referred to
in said contract IN favor Of said deyisee and rep
resentative Of the said Sarah @. Tompkins, 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 behal
both Of sad devisee Sarah NJ. Berthe and O.
snid heir Thomas B.. Tompkins, asks that upoT
the final hearing Of said petition he may be au
thorized to execute and deliver to the sale
Jacob Meyer or his assigns upon receipt Of the
purchase money therefor, as in said %eontrae
provided, o deed of conveyance for said prem
ises as in said contract required.
81 ANDREWS, Plaintiffs Attorney.
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