Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-06-11
April 80, Is6s.44s Attorney ter Plaintiff
CTATEO OF OHIO, ,CUYAHOGACOUNTY,

STATE OF OHIO, ,CUYAaOGACOUNTY,
- SIS In Probate Court. William C. David
son, Executor of Sarah e. TompSins, deceased,
Plaintiff, against Samuel Bertlne, Sarah NJ, Ber-
tine and Thomas b. TOmpkins, Defendants
Petition for completion OF real contract Of said
Testatnx.
The said Defendants are hereby notified that
the Plaintiff has filed in the Probate Court, IN and
for said county OF Cuyhogas and State Of Onio'
his petition setting forth in substance as follows
That on the second day OF August, 1908, sald
Sarah c. Thompkns, 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 ONO, and de-
scribed as follows, to-git: 'tKnown as beng al
chased by said Sarah C. ThOmpklns OF Luman
PaTmelee, and being siXty-slx feet 'front.' on Clln-
ton Park, and extending back Of uniform width
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 Cleveland,
then held q Mortgage executed by said Sarah q.
TOmpkins to secure the payment OF note ior
the payment by said Sarah c. TO said Meyer of one
thousand dollars with interest rs 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 Tor
the sale to him OF said premises, upon terms IN
said contract set forth, a 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 entered into, and has
ever since remained in possession OF the sad
premises under said contract that said Sarah
c. Tompkins on the 18th Gay OF March, 1861, re-
siding then in Westchester county, in the State
of NeR York, died. leaving will, duly executed,
since admitted 70 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 sald VIII
the said Sarah C. TOmpkns, after sundry be-
quests to others, gave, devised and bequeathed
all the rest, residue and remainder Of her estate
both real and personal 10 the Defendant Sarah M
Bertne who is the wife Of said Defendant, sam
uel Bertne, both Of said city and county OF New
York, to be applied by her under the advice and
directions of said Plaintiff as Executor, hrst to
| pay all her just debts and expenses Of admins
tIatlon of her estate, and the aance II any, 10 be
| retained by the said Sarah NJ. Bertine, as a re-
| muneratiOn in part for her care and Elndness 10
said Testatrix, which Tesideum embraced all the
| interest of said Sarah g. TOmpkns IN the above
described premises and IN said contract with
| said Never; and stating further that the defen-
| dant Thomas B. TOmPklns who resides IN the
State of California is the only brother OF SAID
| Sarah C. who survived her, she having lett no
sister, and is the only heir at law OF said 5arah
/ c.; thai since the decease 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 Obtainedln the suit referred to
in said contract IN favor Of said deylsee andrepH
resentative Of the said Sarah @. TOmpknsi by
| the terms of which the title to SAID premises
was confirmed to said devisee ana representa-
| tive; and stating further that the Plaintiff as
| such Executor as aforesaid, desiring to com
| plete said contract with said Meyer on behalf
| both OF SAID deyisee Sarah NJ. Berune and Of
| said heir Thomas B. Tompkins, 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
fses as in said contract required.
S. J. ANDREWS Plaintiffs Attorney
nay2:43