, 1840-07-11

NathuEi
defendants.
NOw, at this day, appears said complainant by
IN William Potter, her solicitor, and files her bill
of complaint, stating 10 substance, that the estate Of
Nathaniel Pendleton. Jr. is justly indebted 10 her in
the sum of six hundred and seventy-nine dollars and
25 cents; S4l5 of which bears interest from the first
day Of November term ofthe Warren county court,
1873, and the balance from the I'd day Of the No.
vember term, of said court, 1889, that said Ma
thaniel Jr. died in In. year ISIS, and Alexander
McKeney became his administration according to
law, that previous to his death, to wit, on the 18th
of May, 1897, his father, Nathaniel Pendleton and
Hannah, his mother, executed a deed conveying to
him the following Real Estate. to wit the Wa Of 5.
E. or. of section, No. IA township, No. Al Of range.
No. 3 west. Also, the EA Of Sc. Or. Of section No.
IA, township AZ, range 3 west. Also, the NE. Or. of
NV. or of section No. 81, in township No. Al, Of
range No. 3 west, containing in oil, 200 acres and all
being in Warren county aforesaid; that said deed
was made in consideration, that taid 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, } aud 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 duiiDg the lives Of either his said father or mo-
Their, without their consent, (prolert is made OF said
deed.) and said deeI contains an express condition
that when the said Nathaniel had c,mpiied with the
.tlpulations therein, the title Of said Real Estate
-hould vest in him and his heirs forever, and his com.
pliance with said stipuIntions was the condition on
which he was to have sHid real estate. that after
wards on the 10th day Of June, 1897, said Nathaniel
and Hannah executed another deed conveying TO said
NsthsnieI J. all his farming utensils, horses, cattle,
sheep, hogs, and negro man Bob, together with the
debts due TO him, on condition and with stipulstions
the same us those in the deed first mentioned, that
tho said Nathaniel II accented said deeds Nth their
said conditions and ,tipulations, and took possession
of said lands and personal property, and paid of some
of the debts Of his said fsther, and assumed the pny-
ment of others, (amount complainant does not know,)
and complied with all the stipulations in said deed.
till his own death, md not having lived long enough to
comply with all the terms Of said deeds, the title 10
said property, did not vest in him the said Nathaniel,
Jr. and his heirs. Complainant charges that the estate
Of said Nathaniel. Jr. has an equitable lien on said
lands and personsl property, to the extent to which
he paid and assumed debts as Aforesaid; that her
Aforesaid debt was due from the said father, and assn
med BY the said Nathaniel, Jr.; that the said Ma
tbaniel, (the father,) died on the oath day Of June,
ls31, and let no estate except his household furni-
ture and one negro woman, and bis ~re.iduary interest
in the estate conveyed a. Aforesaid. which 10 now in
the charge OF Alexander Mckinney, public amihis
traitor Of said county Of Warren. She charges that
neither the estate ofthe said Nathaniel, Jr. nor that Of
his said father has personal estate wberewith to pay
their respective debt., 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 ., the
property of him, the said Nathaniel Jr, with the 9TH
er personal estate Of said Nathaniel Jr.
Complainant pray., that said Hannah, (Widow,)
Benjamin, James c.. Edward II =, and Philip Peadle
ton, and Phebe Ann Allen, late Phebc Ann Pendle
ton, and Robert Allen her husband, heis of the said
Jr., and the same persons, heirs Of the said
M tho Mol fha fafhor ooI Aloya Al N.E-... II
ministrator of the said Nathaniel. Jr. and as public ad.
ministrator, having the cu.tody Of the estate of the
said Nathaniel, 1.-THE father be made defendants here |
in, and answer fully her allegations Aforesaid, and that
the said Mckinney state what part of the personal e-
tate sold by him as estate Of said Nathaniel j.. was
conveyed in the said deed, dated 10th June, 1887. to
his interstate, and what amount. it sold for, and what
part thereof was the property Of said Nathaniel Jr, and
what amount it sold for, and that be be required to
bring into court an account of bis Naturalization, and
a list Of the debts due to and by said estate and an in
ventory Of the real estate, and remaining personal GO.
with its appraised value, and Of all other assets in
hands belonging to said estate, and that a. admins
traitor of the said Nathaniel. (he father,) he show as
near as he CAM what amount Of debts the said Ma
Jr. paid for his said father, and for what
amount he made himself liable, and what amount he
paid out in the support of the said father and mother,
and the rest of their white family; and that he bring
into court a true account of his administration Of
said estate, and a list Of the debts due TO and by his
intestate and unpaid, and Q list of the remain
ing personal estate with its appraised value, and all
other assets in his hands belonging TO said cstate.-
prays that the conrt will have an nc.
count taken between the two aforesaid estates, and
the interest Of each in the land and person.
al estate mentioned in said deed, and the proceeds
thereof, and the balance arising from The sale Of the
personal estate mentioned in the deed Of the 10th
June. ie37, and in the hands of said Administrator Of
81 I'll. T.
mands allowed against the estate Of the said Nathan
iel Jr on account Of his liabilities for the aforesaid
debts Of said Nathaniel, 0he f.iher,) and such fur
Their relief as to equity belongs, and the case requires.