Your orator further showeth that there debts proven and allowed in the court of probate aforesaid against the estate of Joseph Smith deceased to the amount about twenty five thousand dollars ($25000) that about eleven thousand dollars of that amount are debts of a fiduciary or other character having priority of payment according to the course of administration over your orators said debts and that if the estate inventories as aforesaid by the said John M Ferris administrator as aforesaid was or should turn out to be owned by the said Joseph Smith jr deceased in fee at the time of his death the same would be and is insufficient to pay and satisfy the amount last aforesaid or one half thereof but your orator charges that the same is of little or no value on account that no title can be found thereto vested in the said Joseph Smith jr at the time of his death so far as the same can be ascertained so that the same would not sell for any considerable amount

And your orator further states that his debt aforesaid was or on about the year [blank] duly proved to and allowed by said probate against the estate of the said Joseph Smith deceased and in favor of your orator no part of which has been paid and your orator chargs that he is wholly remediless and in obtaining satisfaction of the same out of the estate of the said Joseph Smith deceased or in course of administration of his said estate [p. [5]]