Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-05-28

OTATE OF CUYAGOGACOUNTY,
- SIS. In Probate Court. William G. David
son, Executor Of Sarah c. TOmpkins, deceased,
Plaintiff, against Samuel Berthe, Sarah M. Ber-
tine and Thomas. B. Tompkins, Defendants.
Petition for completion Of real contract Of said
Testatux.
The said Defendants ara 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, 1858, said
Sarah G. ~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-
soribed rs follows, tO-wtt: known as beng al
that part of the Maltby property so called, Pur-
chased by said Sarah G. Thonpkins OF Luman
Parmelee, and being siXty-siX feet 'front.' on Clln-
ton Park, and extending back of uniform width
to Lake Erie, subject to the right Of way OF 1.-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 a Mortgage executed by said SarahC.
Tompkins to secure the payment OF q note Tor
| the payment by said Sarah O.. 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, a copy OF which contract
is attached to said pet ton that upon the exc
cution and delivery Of said contract on the date
aforesaid, the said Meyer enteredlntO, and has
ever since remained in possession Of the said
premises under said contracts that said Sarah
O. TOmpkins on the 10Th day OF March, le6ls re-
siding then in Westchester county, in the State
Of NeE York, died, leaving Twill duly executed,
since admitted 10 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 Sara1M.
Berthe, who is the wife of said Defendant, Sam
uel Berthe, both of said city and county OfNew
York, to be applied by her under the advice and
directions of said Plaintiff as Executor, first 70
pay all her Just debts and expenses Of adminls-
tIatiOn of her estate, and the ralance ifany, 70 be
retained by the said Sarah NJ. Berthe, as a re-
muneratiOn in partfor her care and kindness to
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 defen-
dant Thomas b. Tompklns 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
c.; thas since the deeease Of sad Sarah c., to
wit at the October term, 1862, Of the District
Court within and for said Cuyahoga county, a
final decree was obtsinedIn the suit referred to
in said contract IN favor Of said deVisee andreP
resentatVe Of the said Sarah Q. .~Iompkins, by
the terms Of which the title tS said premises
was confirmed to said devisee and represents
tive and stating further that the Plalnti as
such Executor as aforesaid, desiring to COM
plete said contract with said Meyer on behalf
both Of sad deVisee Sarah M. Berthe and Of
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, as in said contract
provided, q deed of conveyance for said prem
ises as in said contract required.
may2:AS