Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-06-10
: CHAS. L. FISH,
April 80, 1868. .443 Attorney fer Plaintiff
CTATE OF OHIO, CUYAHOGACOUNTY,

CTATE OF OHIO, 0,CUYAH0GACOUNTY,
- SIS. In Probate Court William G. David
son, Executor of Sarah C. Tompkins, deceased,
Plaintiff, against Samuel Bertine, Sarah " - -
tine and Thomas b. Tom p - nsst., - -
Petition for completion-Sf real contract oi saAu
Ths said Defendants are hereby notified that
the Plaintiff has filed in the Probate Court, IN ana
for said county OF CuyhOga, and State Of Ohio,
his petition setting forth In substance as follows
That on the second day of August, 1893, SAID
Sarah c; ThomPkins, then hHng, out 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-
scribed as follows, to-wlt; Known as Oelng al
that part OF the Maltby property so called, pur-
chased by said Sarah G. ThOmpklns OF Luman
Parmelee, and being slxty-slx teet mont on Cln-
ton Park, and extending back OF uniform width
to Lake Erie, subject to the rlght OF way OF the
Cleveland and Pittsburgh, and the Cleveland and
Erie Railroads, and 70 all legal highways On
which premises one Jacob Meyer, OF Cleveland,
then held a Mortgage executed by said Sarah q.
Tompkins to secure the payment OF note Tor
the payment by said Sarah g. 10 SAID Meyer OF one
thousand collars with interest 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 ior
| 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 entered INTO, and mas
ever since remained in possession OF the SAID
I
| u. Tompkins on the 18th day Of March, 1861, re-
| siding then in Westchester county, in the State
Of New York, died, leaving wall, duly executed,
| since admitted to Probate by the surrogate oI
| 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 VIII
| the said Sarah G. 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 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, first to
pay all her just debts and expenses Of admins
tIatlon of ker estate, and the balance If any, TO be
retained by the said Sarah NJ. BeTtine, as a re-
| muneratiOn in partfor her care and kindness TO
said TestatFiX, which resideum embraced all the
interest OF said Sarah O.. IomPklns IN the above
described premises and IN said contract with
! said Meyer; and stating further that the deien-
i 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
| c.; thai since the deoease Of SAID Sarah c. TO
| wit at the October term, 1862, Of the District
| Court within and for said Cuyahoga county q
| final decree was obtainedm the suit referred 70
in said contract in favor Of said deVisee and rep
! resentatiVe of the said Sarah Q. TOmpklns5 by
the terms of which the title to said premises
| was confirmed to said deTIsee and represents
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 deYsee Sarah NJ. Berhne and Of
| said heir Thomas B. TOmpklns, 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, deed of conveyance for said prem
i ises as in said contract required
S. ANDREWS, Plaintiffs Attorney.
| rnay2:443