, 1840-07-04

Phebe Ann fendleton, ana
Robert Allen, her husband,
heirs and distributes of said ,
Nathaniel Pendleton, decd. and
Alexander Mckinney, Admit OF
Nathaniel PendIeton, Jr. decd.
and as public administrator OF
said county of Warren, by
virtue Of which, he has charge
of the estate of the SAID
Nathaniel Pendleton deceased,
defendants.
NOV, at this day, appears said complainant by
IN William Potter, her solicitor, and files her bill
of complaint, stating in substance, that the estate Of
Nathaniel Pendlcton. Jr. is justly indebted 10 her IN
the sum Of six hundred and seyenty-nine dollars and
% cents; SiI5 Of which bears interest from the first
day of November term Of the Warren county court,
1898, and the balance from the I'd day Of the No
vember term, of said court, 1899, that said Ma
thaniei Jr. died in the year 1855, and Alexander
Mckinney became his administrator according to
law, that previous to his death, TO wit, on the 18th
Of May, 1877, his father, Nathaniel P~endleton and
Hannah, his mother, executed a deed conveying to
him the following Real Estate, 10 wit the W. Of S.
E. or. of section, No. IA township, No. AZ of range,
No.. 3 west. Also, the e. Of Sc. or. Of section No.
IA, township AZ, range 3 west. Also, the NE. or. of
Wv. or. of section No. 23, 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 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
deed.0 and said deed contains 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, slid Nathaniel
and Hannah executed another deed conveying TO said
Nathaniel Jr. all his farming utensils, horses, cattle,
sheep, hogs, and negro man Bob, together with the
debts due 10 him, on condition aud with stipula,ions
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 of some
OF the debts Of his said father, and assumed the pay
nent of others, (amouLt complainant does not kuow,)
aud complied with all the stipulations in said deeds
till his own death, and 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 personal property, to the extent TO which
he paid and assumed debts as aforesaid; that her
aforesaid debt wa. due from the said father, and assn
med by the said Nathaniel, Jr; that the said Ma
thanieI, (the father,O died on the Gath day Of June,
lc3I, and left no estate except his household furni-
ture and one negro woman, and his residuary interest
in The estate conveyed as aforesaid. which is now in
the charge of Alexander Mckinney, public aminis
traitor of said county Of Warren. She charges that
neither the estate oftbe said Nathaniel, Jr. nor that OF
his said father has personal estate wherewith TO pay
10. n,o1s. l.kt. all sh.t 4. l.hs - r..
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 as the
property OF him, the said Nathaniel Jr, with the 9TH
er personal estate of said Nathaniel JL
Complainant pray,, that said Hannah, widow,
Benjamin., James c., Edward H., and Philip Pendle
ton, and Phebe Ann Allen, late Phebe Ann Pendle
ton, and Robert Allen her husband, heirs Of the said
Nathaniel Jr, and the same persons, heirs Of the said
Nathaniel, 1.-THE father,) and Alexander Mckinney, ad.
ministrator of the said Nathaniel. Jr. and as public ad-
ministrator, having the custody of the estate OF the
said Nathaniel, (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 10 the said deed, dated 10th June, 1887 to
his iutestate, 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 he be required TO
bring into court an account Of his administration and
q list Of the debts due to and by said estate and an in
yentory Of the real estate, and remaining personal es.
tate with its appraised value, and Of all other assetsin
his hands belonging to said estate, and that as admins
traitor Of the said Nathaniel, (the father,) he show as
near as he can) what amount of debts the said Ma
thaniel Jr. paid for his said father, and for what
amount be made himself liable, and what amount he
paid out in the support Of the said father aud mother,
and the rest of their white ia mily and that he bring
court n true account of his administration Of
said estate, and a list Of the debts due to and by his
said intestafe and unpaid, and a list Of the remain
ing personal estate with its appraised value, and all
other assets IN his hands belonging TO said cstate.-
Complainant prays that the court will have an &C.
count taken between the two aforesaid estates, and
ascertain the interest Of each in the hrnd 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