, 1840-05-30

James c.. Pendleton,
Ed ard ii. Pendleton,
John w. Pendleton,
Jesse c. Pendleton,
Philip Pendleton,
Phebe Ann Allen, late
Phebe Ann Pendleton, and
Robert Allen, her husband, z
heirs and distributes Of said ?
Nathaniel Pendleton, decd. and
Alexander Mckinney, Admir-. oil
Nathaniel Pendleton, 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.
NTOw, 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 Pendleton, Jr. is justly indebted to her in
the sum Of six hundred and seventy-nine dollars and
25 cents; GALS of which bears interest from the first
day Of November term ofthe Warren county court,
1898, and the balance from the I'd day OF tho No
vember term. of said conrt, 1889, that 'aid Ma
thaniel Jr. died in the year 1883, and Alexander
Mckinney became his administrator according to
law, that previous to his death, to wit, on the 10Th
of May, 1897, his father, Nathaniel Pendleton and
Hannah, his mother, executed a deed conveying to
hin the following Real Estate, to wit: the WI Of 5.
F.. or. Of section, No. IA township, No. AZ Of range,
No. 3 west. Also, the Et of Sc. Or. Of section No.
"a, township AZ, range 3 west. Also, the NE. Or. of
NV. or. of section No. 90, in township No. Al, 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 keetD
that he would maintain his said father and mother,
the grantors in the Decd 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,) 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 bis heirs forever, and his com
pliauce with said stipulations was the condition on
which he was to have said real estate, that alter
wards on the 10th day of June, 1897, said 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 to him, on condition and with stipulations
the came 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, }
and complied with all the stipulations in said deeds
till his own death, and not having lived long enough to
comply with all the ter ms OF said deeds, the title to
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 was due from the said father, and assn.
med by the said Nathaniel, Jr; that the said Ma
thaniel, 1.-THE fatherO died on the path day Of June,
1897, 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
LIT
traitor of said county of Warren. She cha rges that
neither the estate Of the said Nathaniel, Jr. nor that of
his said father has personal estate wherewith to pay
their respective debts, and that her debt cannot be
made without a sale of the aforesaid lands; that the
said ad 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 j.
Complainant prays, 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 es-
tate sold by him as estate Of said Nathaniel j.. was
conveyed in the said deed, dated 10th June, 1887. to
his lDtestate, and what amount II sold Tor, and what
part thereof was the property of said Nathaniel j., and
what amount it sold for, and that he be required to
bring into court an account of his administration and
a list Of the debts due to and by said estate and an in
ventory of the real estate, and remaining personal e..
tate with its appraised value, and Of all other assets in
his hands belonging to said estate, and that as admins
traitor Of the said Nathaniel, (the father,) he show as
near as he CAM what amount of debts the said Ma
thaniel 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
said intestate 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 estate
Complainant prays that the court will have an ac-
count taken between the two aforesaid estates, and
ascertain 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, 1897, and in the hands of said administrator Of
said Nathaniel r.. and decree the payment of the de-
mands allowed against the estate of the said Nathan
ieI Jr on account of his liabiliticsfor the aforesaid
debts of said Nathaniel, (the father,) and such fur.
Their relief as to equity belongs, and the case requires.
Said complainant also files the affidavit of William