, 1840-07-25

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| 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 Pendleton, Jr. is justly indebted TO her in
the sum Of six hundred and seventy mine dollars and
25 cents; $4l5 of which bears interest from the 6rst
day of November term ofthe Warren county court,
1888, and the balance from the I'd day Of the No.
vember term, of said court, 1889, that said Ma
thaniei Jr. died in the year 1889, 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, 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. Or. of
NV. Or. of section No. %, in township No. Al, Of
range No. 3 west, containing in all, 200 acres aud 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 deed contains an express condition
that when the said Nathaniel had complied with the
stlpuidIOus tncIelu, n tilc U u sdlu Hedi ESTATE
should vest in him and bis heirs forever, and his COM
pliauce with said stipulations was the condition on
which be was to have said real estate, that after
ward. 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 stipulaiions
the same rs those in the deed first mentioned, that
the said Nathaniel, Jr. accepted said deeds with their
said conditions aud stipulations, and took possession
Of said lands aud personal property, and paid of 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 terms Of said deeds, the title TO
said property, did not vest in him the said Nathaniel,
Jr. aud 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
be paid and assumed debts as aforesaid; that her
aforesaid debt was due from the said fat,er, and assn
med by the said Nathaniel, IT,; that the ,aid Ma
thaniel, 1.-THE father,) died on the 24th day of June,
1897, and left no estate except his household furni-
turc and one negro woman, and his residuary interest
in the estate conveyed a. 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
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.
.oual property conveyed in the aforesaid deed a, the
property Of him, the said Nathaniel Jr, with the 9th.
er persoual estate of said Nathaniel Jr.
Complaiuant pray,. tina, said Hannah. (W;dowA
BENJAMIN, Jane, c., Edward H., and Pbilip Pepdle.
ton, and Phebe Ann Allen, late Pbebe Ann Pendle-
ton, and Robert Allen he. husband, heir, of the sale
Nathaniel Jr., and the same persons. heirs of the said
Nathaniel, 1.-THE father,0 and Alexander McKeuey, nd.
ministrator of the said Nathaniel, Jr. and o, public adj
ministrator, having the custody Of the estate of tho
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 as estate OF said Nathaniel j.. was
conveyed in the said deed, dated 10th June, 1887. to
his intestate, and what amount it sold for, and what
part thereof vas the property Of said Nathaniel Jr., and
what amount il 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 ~assetsin
his hands belonging to said estate, and that as admins
traitor OF the said Nathaniel, (the father,) he show o.
near us 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,
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