With the January 20, 1950, Lena and you will Roentgen
¶0 Desire by Heirs, etcetera. away from R.D. Payne, Lifeless, although some (defendants) out-of a wisdom quieting label so you’re able to places in Executor of Home out of Lena Payne, dry. Basis regarding wisdom was one in products the causes conveyed because of the Lena Payne in order to R.D. Payne was basically acquired of the shared world of each other during the meaning of 84 O.S. 1961 § 213 , Subd. dos. Verified.
¶1 The fresh new Heirs, Executors, Directors, etc., away from R.D. Payne, Dry, Ennid Ferguson and Lee Payne (defendants about trial courtroom) focus out-of a view made and only Alexander Linder Seay, Executor of your Estate out of Lena Payne, Inactive (plaintiff lower than) in which this new term so you’re able to a giant system off residential property was quieted in plaintiff and contrary to the defendants. The newest parties was known by its demo judge designation otherwise by-name.
¶dos The primary question displayed contained in this attention is if brand new countries was indeed acquired from the mutual industry out of Lena Payne and you can the girl next spouse Roentgen.D. Payne, because the given regarding the Second Subdivision off 84 O.S. 1961 § 213 .
¶step three Lena Payne, earlier Seay, and you will Alexander Linder Seay, was to start with brand new widow and you can kid respectively away from Oscar Seay, out of which they gotten, because of the heredity otherwise devise, a farm including of a lot acres off property. During the January, 1945, Lena partnered R.D. Payne. At the time of the marriage really the only assets owned by R.D. Payne is actually their vehicles and many individual effects.
¶4 Towards Oct 29, 1946, Lena indicated so you can R.D. Payne, to own “One dollar, in hand paid, * * * or other a beneficial and you may worthwhile factors,” a one-1 / 2 of demand for 900 miles out of land. Towards the January twenty-eight, 1948, Lena conveyed to R.D. Payne, having an admiration attention, the remaining title to that particular homes. D. Payne shown to Roentgen.D. Payne, to possess an adore thought, a one-half of need for whenever 2000 acres from belongings. No documentary revenue press arrive up on any of the above deeds. In each of the a lot more than years Lena generated Us Provide Taxation statements to the a lot more than conveyances. She paid zero tax on the yields getting 1946 and you can 1948, and paid $ to your 1950 get back.
¶5 The lands filled and possessed or kept when you look at the believe for Alexander Seay adjoined those individuals belonging to Lena and/otherwise R.D. Payne, nevertheless line among them try broken or rough. In order to “rectangular up” its respective properties discover an exchange out of deeds, whereby with the Oct 22, 1952, insofar as well as relevant compared to that desire, (1) Lena because Trustee under the will regarding Oscar Seay toward advantage of Alexander Seay, indicated the outside of 390 acres so you’re able to herself and you may R.D. Payne, (2) Lena, because told you Trustee, indicated the exterior regarding 410 miles to help you R.D. Payne, and you can (3) Alexander Seay, joined of the www.besthookupwebsites.org/pl/amolatina-recenzja his girlfriend, shown the outside off 490 acres to help you R.D. Payne. In return Alexander Seay obtained conveyances for around a similar acreage.
Lena Payne passed away testate September dos, 1965, leaving a can old January eight, 1964, in which, immediately following delivering to have commission off expenses away from sickness, burial and taxation, there’s the second supply:
¶six Roentgen.D. Payne died intestate towards December twenty seven, 1963. Zero students was produced of his matrimony so you’re able to Lena. The guy left enduring, their widow Lena, his cousin Ennid Ferguson (defendant) with his brother Lee Payne (defendant).
“All the rest, deposit and you may rest of my possessions out of whatsoever form and wheresoever discovered, feel exact same real, individual and you can/otherwise blended, and you can also any possessions and House that we can get keeps passed on or perhaps be entitled to away from my personal deceased husband, R.D. Payne, We spread, provide, and you can devise unto my personal man, Alexander Linder Seay, surely and as opposed to restriction or restrict of any kind or character.”