, 1840-07-18

Alexander Mckinney, Adm'r 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 Pendleton deceased,
p, defendants.
NTOW, at this day, appears said complainant by
~ William Porter, her solicitor, and files her bill
Of complaint, stating 10 substance, that the estate OF
Nathaniel Pendletou. Jr. is Justly indebted TO her IN
the rum Of six hundred and seventy-nine dollars and
% cents; S4l5 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 the No
yember term, of said court, 1889, that said Ma
thaniei JE. Grc4 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 Pendleton and
Hannah, HE mother, executed a deed conveying to
him the following Real Estate. TO wit the WA Of S.
E. or. of section, No. ID township, No. AZ Of range.
No. 3 west. Also, the Ei of Sc. Or. of section No.
ii, 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 all, 200 acres and all
being in Warren county sforesaid; 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 muther.
the %grantors in the deed aud permit then 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 bis said father or mo
Their, without their consent, (profert is made Of said
deed.o and said deed confirms an express condition
that when the said Nathaniel had complied with the
stipulation. therein, the title of said Real Estate
should vest in him and his heirs forever, and his com
pliaBce with said stipuiations was the condition on
which he wa, to have said real estate. that aner-
wards on the 10th day OF June, 1877. 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 sane ms 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.
meut of Others, (amount complainant doe, not know, }
aud complied with all the stipuiations in said deed,
till his own death, and not having lived long enough 70
comply with all the tei ms OF said deeds, the title IA
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 ss.umcd debts as Aforesaid; that hci
Aforesaid debt was due from the said father, and assn
med by the said Nathaniel. Jr.: that the enid Ma.
thaniel, (the father,) died on the 24th day Of June
ls31, and LETT no estate except his household furni'
ture and one negro woman, and his ~residuaIy interest
in the estate conveyed as aforesaid. which is now in
the charge Of Alexander Mckinney, public amihis
TRAITOR Of said county of Warren. She charge ths,
neither the estate oftbe said Nathaniel, Jr. nor that o
his said father has personal estate wbercwith TO pay
their respective debts, and that her debt cannot be
made without a sale Of the aforesaid lands; that thu
said administrator of said Nathaniel JE. sold the per
sonal property conveyed in the aforesaid deed as the
property of him. tie said Nathaniel Jr, with the 9th,
err 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 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,O and Alexander Mckinney, nd.
mini.trator of the said Nathaniel. Jr. and as public ad.
ministrator, having the custody OF the estate Of the
said Nathaniel, 1.-THE father be made defendants here
10, and answer fully her allegations aforesaid, aud tina
the said Mckinney state what part of the personal es
tate sold by him as estate Of said Nathaniel j.. wa,
conveyed in the said deed. dated 10th June, 1897 &c
his ~intestate, and what amount il sold for, and what
part thereof was the property fsard Nathaniel JL, and
what amount il sold for, and that he be required e
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 oil other assets IL
his hands belonging to said estate, and that as admins
traitor Of the said Nathaniel, (the father.) he show n,
near as he can) what amount of debts the said Ma.
,haniel Jr. paid for his said father, and for whs,
amount he 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 binl
into court a true account of his administration o.
said estate, and a list Of the debts due to and by hi
said iutestate and unpaid, and 4 list Of the remain
ing personal estate with its appraised value, and al
other assets IN his hands belonging to said estate.-
Complainant prays that the court will have an &C
count taken between the two aforesaid estates, ant
ascertain the interest of each in the land and person.
al estate mentioned in said deed, and the proceed,
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 O