, 1840-06-27

Phebe Ann Allen, late q
Phebe Ann Pendleton, and
Robert Allen, her husband,
heirs and distributes Of said .
Nathaniel Pendletou, decd. ard
Alexander Mckinney, Admit. 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,
defendants.
| NOw, 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 Pcndlcton, Jr. is justly indebted TO her in
the sum of six hundred and seyenty-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 ID day Of the No.
vember term, Of said court, 1889, that said Ma.
thanieI Jn. died in the year 1885, and Alexander
Mckinney became his administration according to
law, that previous to his death, to wit, on the 18th
Of May, 1857, his father, Nathaniel Pendleton and
Hannah, his mother, executed a deed conveying to
him the following Real Estate, to wit the WA 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.
IA, township AZ, range 3 west. Also, the NE. ar. of
NV. or. Of section No. 23, 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 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.) and said decd contains an express condition
49, -. H. .o.l Na,k.n,ol k,d .annt,aI 18th tha
stipulations therein, the title OF said Real Estate
should vest in him and his heirs forever, and his COM
pliauce 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, 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 stipulstions
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 -vmc
Of the debts Of his said father, and ssuumed the mn.
ment Of others, (amc:at complainant does not know,
and complied with all the ,tipulations in said deed.
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. J. 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, IT.; that the said Ma
thaniel, (the father,) died on the 9th day of June,
1887, 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 amiLis.
traitor Of said county Of Warren. She charges that
neither the estate ftbe 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 administrator of said Nathaniel Jr. sold the per.
sonal property conveyed in the aforesaid deed as the
property of him, tie said Nathaniel Jr., with the 9th.
er personal estate OF said Nathaniel JL
Complainant pray., that said Hannah, (Widow0
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 adj
ministrator, having the custody Of the estate Of the
said Nathaniel, 1.-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 rs estate of said Nathaniel j.. was
conveyed in the said deed, dated 10th June, 1887. 10
his ~intestate, and what amount it sold for, 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 es-
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 o.
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 ~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 cstste.-
prays that the court will have an &C.
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, 1887, and in the hands of said administrator of
said NsthanielJr, 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
debts Of said Nathaniel, 0he father,) and such fur.
Their relief az to equity belongs, and the case reouire,
"