, 1840-05-23

Benjamin Pendleton,
James C. Pendleton,
Edward ii. PendIeton,
John w. Pendleton,
Jesse c.. Pendletos,
Philip Pendleton, z
Phebe Ann Alles, late O
Phebe Ann Pendletoa, and =
Robert Allen, her husband,
heir. and distributes Of said
Nathaniel Pendleton, decd. and
Alexander Mckinney, Admir-. of
Nathaniel Pendletou, Jr. deed.
and as public administrator OF
said county of Warren, by
virtue of which, he has charge .gH.r
of the estate of the said
Nathaniel Pendleton deceased,
defendants. J
NOV, ut this day, appears said complainant by
In William Potter, her solicitor, and files her bill
of complaint, stating ia substance, that the estate Of
Nathaniel Pendleton. Jr. is justly indebted 70 her in
the sum Of six hundred and seventy-nine dollars and
25 cents; S4l5 Of which bears interest from the 6rst
day of November term fthe Warren county court,
1888, and the balance from the I'd day of tie No.
vember term, of said court, 1889, that said Ma
thaniel Jr. dieG in the year 1888, and Alexander
Mckinney became his administrator according to
law, that previous to his death, to wit, on the 18th
of May, 1897, his father, Nathaniel PeudIeton and
Hannah, his mother, executed a decd conveying to
'Abs. ehS iofao AaSaf IeN"sf W Wv h"t W W ~
E. Or. Of section, No. IA township, No. AZ Of range,
No. 3 west. Also, the Ei of Sc. or. of section No.
"a, township Al, range 3 west. Also, the NE. Or. of
NV. Or. of section No. 81, in township No. AZ, Of
range No. 3 west, containing in all, 900 acres and all
being in Warren county Aforesaid; that said deed
was made in consideration, that said Nathaniel Jr.
would pay all the debts of his said father, Except a
certain liability as the security OF one Aaron Keet;)
that he would maintain his said father and mother,
the grantors in the deed.) and permit them to re-
side on the premises during their several lives, and
maintain the rest of the white family, then residing
on the premises, and would not dispose Of said Real
Estate during the lives Of either his said father or mo-
ther, without their consent, (profert is made Of said
Decd and said deed contain, an express condition
that when the said Nathaniel had complied with the
stipulations therein, the title Of said Real Estate
should vest in him and his heirs forever, and his COM
pliance with said stipulations was the condition on
which he was TO have said real estate, that after-
wards on the 10th day OF June, 1887, s1id Nathaniel
and Hannah executed another decd conveying TO said
Nathaniel Jr. all his farming utensils, horses, cattle,
sheep, hogs. and negro man Bob, together with the
debts due to him, on condition and with ,tipulations
the same as those in the deed first mentioned, that
the said Nathaniel, Jr. accepted said deeds with their
said conditions and stipulations, and took possession
OF said lands and personal property, and paid off some
OF the debts Of his said father, and assumed the pay
ment Of others, (amount complainant does not know
NJ Cbiupiicu ~ uh u rtiEuldiluus III sdluG eeus
till his own death, and not having lifted long enough {,
camply with all the terms Of said deeds, the title 10
property, did not vest in him the said Nathaniel,
Jr. ard his heirs. Complainant charges tina; the estate
Of said Nathaniel, Jr. has an equitable lien ON said
lands and personal property, TO the extent to which
he pail and assumed debts as aforesaid; that her
aforesaid debt was due from the said father, and assu-
med by TIE said Nathaniel, Jr; that the said Ma
thaniel, 1.-THE father,) died on the 9th day of June,
1897, and lett no estate except his household furni-
and one neg 70 woman, aud his ~re.iduary interest
n the estate cow. we'd as aforesaid, which is now in
he charge of Alexander Mckinney, public amibis-
Of said county OF Warren. She charges that
,either the estate oftbe saii Nathaniel, Jr. nor that OF
lis said father has person. estate wherewith to pay
heir respective debts, and that her debt cannot be
nade without n sale of the aforesaid lands; that the
administrator Of said Nathaniel Jr. sold the per-
onal property conveys ed in the aforesaid deed as the
property Of him, tie said Nnthanic, Jr, with the 9TH
r personal estate OF said Nathaniel Jr.
Complainant pray., that said Hanoah. (Widow,)
Benjamin, James c., Edward H., and Philip Pendle
on, and Phebs Ann Alien, late Phebe Ann Peudle-
on, and Robert Allen her husband, heirs OF the said
nathaniel Jr, and the same persons, heirs of the said
nathaniel, (the father,) and Alexander Mckinney, ad-
Of the said Nathaniel, Jr. and as public adj
having the custody OF the estate of the
aid Nathaniel, 1.-THE father he made defendants here
D, and answer fully her allegations aforesaid, and that
ne said Mckeney state what part OF the personal es-
ate sold by him ne estate Of said Nathaniel j.. was
onveyed in che said deed, dated 10th June, 1887, to
is interstate, and what amount il sold for, and what
art thereof wns the property Of said NathanieiJr, and
Fbat amount il sold for, and that he be required to
ring into court an account OF his administration, and
list OF the debts due to and by said estate and an in
entory OF the real estate, and remaining personal &C.
ate with its appraised ,aluc, and Of all other assets in
is hands belonging to said estate, aud that as admins
rator Of the said Nathaniel, (the father,) he show as
ear rs he CAM what amount Of debts the said Ma
haniel Jr. paid for his sad father, and for what
mount he made himself liable, and what amount he
aid out in the support Of the said father and mother, :
nd the rest Of their white family and that he bring
nto court n true account OF his administration OF
aid estate, and a list Of the debts due to aud by his
aid intestate and unpaid, aud a list Of the remain
ng personal estate with its appraised value, and oil
ther assets in his hands belonging to said cstate.-
complainant prays that the court will have an nc
cunt taken between the two aforesaid estates, and
sceitain the interest Of each in the land and person !
] estate mentioned In said deed, and the proceeds !
hereof, and the balance arising from the sale Of the
ersonal estate mentioned in the deed Of the 10th
une, 1887, and in the hands Of said Administrator oil
aid NathanielJr., and decree the payment of the de-
hands allowed against the estate of the said Nathan /
Jr. on account Of his liabilities for the aforesaid