To your January 20, 1950, Lena and you can R
¶0 Notice by the Heirs, an such like. off R.D. Payne, Lifeless, although some (defendants) of a judgment quieting title in order to lands inside Executor off Property off Lena Payne, dry. Base away from view try you to according to the facts the causes expressed by the Lena Payne to help you Roentgen.D. Payne were received by the combined business out-of both inside the concept of 84 O.S. 1961 § 213 , Subd. dos. Affirmed.
¶step 1 The fresh new Heirs, Executors, Administrators, etcetera., from R.D. Payne, Deceased, Ennid Ferguson and you will Lee Payne (defendants regarding trial legal) focus out-of a view rendered and only Alexander Linder Seay, Executor of one’s Estate from Lena Payne, Dry (plaintiff less than) in which this new title so you’re able to an enormous area of land are quieted inside plaintiff and you can contrary to the defendants. New events would be known because of the their demo courtroom designation otherwise by-name.
¶dos The primary concern displayed in this desire is whether the latest lands was in fact gotten because of the mutual business regarding Lena Payne and you may the woman 2nd husband Roentgen.D. Payne, just like the provided about Second Subdivision from 84 O.S. 1961 § 213 .
¶step 3 Lena Payne, earlier Seay, and you will Alexander Linder Seay, was indeed to start with the new widow and you will guy respectively off Oscar Seay, off just who they acquired, because of the genetics or devise, a ranch consisting of of several miles from house. In January, 1945, Lena partnered Roentgen.D. Payne. During the time of the wedding the only property belonging to R.D. Payne was his vehicles and lots of individual consequences.
¶4 On Oct 31, 1946, Lena indicated so you can R.D. Payne, to have «One-dollar, available paid down, * * * or any other a great and you may rewarding factors,» a single-half of need for 900 acres out-of home. On the January twenty-eight, 1948, Lena expressed so you can R.D. Payne, for a like said, the remainder title compared to that residential property. D. Payne conveyed to Roentgen.D. Payne, having an appreciation consideration, a single-50 % of need for up to 2000 acres away from home. Zero documentary cash stamps appear through to all a lot more than deeds. Inside each of the above age Lena produced Us Provide Tax statements into the a lot more than conveyances. She paid no tax on the productivity having 1946 and 1948, and repaid $ with the 1950 get back.
¶5 The grounds filled and possessed otherwise held in believe having Alexander Seay adjoined men and women owned by Lena and you can/or Roentgen.D. Payne, however the boundary between them is damaged otherwise rough. In order to «rectangular upwards» the respective features discover an exchange out of deeds, for which into the October twenty-two, 1952, insofar as is pertinent compared to that interest, (1) Lena given that Trustee beneath the tend to from Oscar Seay into benefit of Alexander Seay, expressed the outside out-of 390 miles so you’re able to herself and Roentgen.D. Payne, (2) Lena, since said Trustee, indicated the surface from 410 acres so you’re able to Roentgen.D. Payne, and you may (3) Alexander Seay, entered by the their wife, indicated the surface of 490 miles in order to Roentgen.D. Payne. Inturn Alexander Seay gotten conveyances for around the same acreage.
Lena Payne died testate Sep 2, 1965, making a might dated January 7, 1964, in which, once bringing for payment away from expenses from sickness, burial and you will taxes, there’s next supply:
¶6 R.D. Payne passed away intestate toward December twenty seven, 1963. No students were born out of his matrimony to help you Lena. He left enduring, their widow Lena, their sis Ennid Ferguson (defendant) and his awesome sibling Lee Payne (defendant).
«The rest, deposit and you will remainder of my assets from after all kind and you can wheresoever receive, be exact same real, private and you may/otherwise mixed, and you may plus any and all possessions and you may Home that i may has actually handed down or perhaps be permitted of my personal deceased spouse, Roentgen.D. Payne, I spread, render, and create unto my son, Alexander Linder Seay, definitely and without maximum otherwise limit of any sort or character.»
