, 1840-06-13

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Jesse {. Pendleton,
Philip Pendleton,
Phebe Ann Allen, late .
Phebc Ann Pendicton, and
Robert Allen, her husband,
heirs and distributes Of said >
Ma thanieI Pendleton, decd. aud
Alexander Mckinney, Admir-. of
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 Pcndieton deceased,
defendant.
NOW, at this day, appears said complainant by
~ William Porter, her solicitor, and files her bill
of complaint, stating in substance, that the estate Of
Nathaniel Pendleton, Jr. is Justly indebted 10 her in
the sun of six hundred and seyeHty-nine dollars and
% cents; S4l5 Of which bears interest from the first
day Of November term ofthc Warren county court,
1875. and the balance from the ID day of the No.
renbcr term, of said court, 1889, that said Ma
thaniei Jr. died in the year 1885, and Alexander
Mckeney became his administrator according to
law, that previous to his death, TO wit, on the 18th
of May, 1897, his father, Nathaniel P~endleton and
Hannah, his mother, executed a deed conveying to
him the following Real Estate, to wit: the WI of S.
E.. or. of section, No. IA township, No. Al of range,
No. 3 west. Also, the Ei OF Sc. Or. of section No.
"a, township AZ, range 3 west. Also, the NE. or. Of
y !" or. OF sectOn NO.. SD, III Township NO.. AZ, Of
range No. 3 west, containing in all, 200 acres and all
being in Warren county aforesaid; that said deed
WINS 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 kect;)
that lie would maintain his said father and mother,
the ~grantor. in the deed and permit them to re-
side on the premises during their several lives, and
rnaiu,nin 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-
Their, without their consent, (profeTt is made of said
deed.0 and said decd 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 stipuIations was the condition on
which he was to have said real estate, that after
wards on the 10th day of June, 1887, 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 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
OF said lands and personal property, and paid of some
of the debts OF his said father, and assumed the pay
nent of Others, (amouht complainant doe. not know
and complied with all the stipulations in said deeds
till his own death, and not having lived long enough 70
comply with all the terms of said deeds, the title 10
said property, did not vest in him the said Nathaniel,
~. dIu rs hcIs. complainant chdtsts lndt u estate
of said Nathaniel, Jr. has an equitable lien on said
lands and personal property, TO the extent 10 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, (the father,) died on the 9th 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
the charge of Alexander Mckinney, public amin.
traitor of said county of Warren. She charge that
neither the estate OF the said Nathaniel, Jr. nor that OF
his said father has personal estate whercwiih to pay
their respective debts, and that her debt cannot be
made without a sale Of the aforesaid lands; that the
said administrator of said Nathaniel j.. sold the per-
sonai property conveyed in the aforesaid deed as the
property Of him, tie said Nathaniel JE, with the 9TH
er personal estate of said Nathaniel Jr.
Complainant pray,, that said Hannah, (Widow,)
Benjamin, James c., Edward H., and Philip Pendle
ton, and Phebe Ann Allen, late Pbebe Ann Pendle.
ton, and Robert Allen her husband, heirs Of the said
Jr., and the same persons, heirs Of the said
Nathaniel, (the fsther,) and Alexander McKeney, 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 defendant. here
in, and answer fully her allegations aforesaid, and that
the said Mckinney state what part Of the personal es-
tate sold by him us estate of said Nathaniel j.. was
conveyed in .he said deed, dated 10th June, 1887, to
bis interstate, and what amount it sold for, and what
part theIeoH"Hs ID property OF sdtu Natndnle IT., ana
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 es-
tate with its appraised value, aud OF all other assets in
bis hands belonging to said estate, and that as admins
traitor of the said Nathaniel, (the father,O he show n.
near as he CAM what amount of debts the said Ma
thaniel Jr paid for his said father, and for what
a AMOUNT be made himself liable, and what amount he
paid out in the support Of the said father aud mother,
the rest Of their white family and that he bring
court a true account of his administration OF
s,id 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 ell
other assets IN bis hands belonging TO said cstste.-
Complainant prnys that the court 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, 1877, 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
iel Jr. on account of his liabilities for the aforesaid
of said Nathaniel, (tbe father,) and such fur.
relief n, TO equity belongs, and the case requires.
Said complainant also files the affidavit of william
McMurtry, stating that John W. Pendleton, Edward
and Jesse Pendleton, three of said defend.