, 1840-06-06

Jesse Z. PeDdleton,
Philip Pendlcton, z
Phebe Ann Allen, late @
Phcbe Ann Pendleton, and
Robert Allen, her husband,
heirs and distributes OF said .
Nathaniel Pendleton, decd. and
Alexander McKeney, Admir-. Of
Nathaniel Pendleton, Jr. decd.
and as public administrator Of
snid county of Warren, by
virtue of which, he has charge
of the estate Of the said
Nathaniel Pendleton deceased,
defendants.
NOW, at this day, appears said complainant by
IN William Porter, her solicitor, and files her bill
of complaint, stating in substance, that the estate Of
Nathaniel Pendleton, Jr. is justly indebted 70 her in
the sum Of six hundred and seventy nine dollars and
- cents; S4l5 Of which bears interest from the first
day Of November term of the Warren county court,
1898, and the balance from the 2l day Of tie No.
vcmber term, of said court, lS:}9, that said Ma
thaniel Jr. died in the year ISIS, and Alexander
Mckinney became his administrator according to
law, that previous to his death, TO wit, on the 10Th
of May, 1877, his father, Nathaniel Pendleton and
Hannah, his mother, executed a deed conveying 10
him the following Real Estate, TO wit: the WA Of s.
E.. or. of section, No. IA township, No. AZ of range,
No. 3 vest. Also, the EA Of Sc. or. Of section No.
IA, township AZ, range 3 west. Also, the NE. qr. OF
NV. Or. of section No. 90, in township No. AZ, of
range No. 3 west, containing in all, 200 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 n
certain liability as the security Of one Aaron Kcet;)
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-
tho 4nN 1l..- ~--a -.aEar 1. IL - -
deed) and said deed contains an express condition
that when the said Nathaniel had complied with the
stipulatioDs therein, the title of said Real Estate
should vest in him and bis heirs forever, and bis com.
pliance with said stipulations was the condition on
which be wa TO have said real estate, that after
wards on the 10th day OF June, 1897, s,id Nathaniel
and Hannah executed another deed conveying 10 said
Nathaniel J. all his farming utensils, horses, cattle,
sheep, hogs, and negro man Bob, together with the
debts due 10 him, on condition and with stipulations
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
IF said lands and personal property, and paid of some
'S Heo's Or tile s-ii fathrr. and assumed the N.Y.
comply with all the terms Of said deeds, the title 10
.aid property, did not vest in him the said Nathaniel,
JL. and his heirs. Complainant charges that the estate
OF said Nathaniel, Jr. has an equitable lien on said
lands and personal property, TO the extent To which
he paid and assumed debts al afsre.aid; that Ter
Aforesaid debt was due from the said father, and assn
med by the said Nathaniel, Jr.; that the said Ma
thaniei, Cthe father,) died on the 9th day Of June,
ls31, and left no estate except hi. household fu,u,.
ture and one negro woman, and his re.iduary interest
in the estate conveyed as aforesaid. which i, now in
the charge Of Alexander McKeney, pubTc nn;ri.
traitor Of said county of Warren. She charge, thai
neither the estate oftbe said Nathaniel, Jr. nor that of
his said father has personal estate wherewith 10 nav
their respective debts, and that her debt cannot be
made without a sale Of the aforesaid lands: that the
said administrator of said Nathaniel Jr. sold the per.
sonal property conveyed in the aforesaid deed a. the
property Of him, tie said Nathaniel Jr, with the 9th
er personal estate of said Nathaniel Jr.
Complainant prny,, that said Hannah, (WiduwO
Benjamin, James c., Edward H., End Philip PeudIe.
and Phebe Ann Allen, late Phebe Ann Pepdle.
and Robert Alien her husband, heir, of the said
Jr, and the same persons, heirs of the said
(the father,) and Alexander Mckinney, adj
Of the said Nathaniel, Jr. and o.. public adj
ninistrator, having the custody Of the estate of IN.
Nathaniel, (the father be made defendant, here.
n, and answer fully her allegations aforesaid. and that I