For the January 20, 1950, Lena and you will R

¶0 Attention by Heirs, etc. off Roentgen.D. Payne, Inactive, while others (defendants) off a wisdom quieting identity to places from inside the Executor out of House away from Lena Payne, dead. Basis away from view was you to definitely beneath the items the lands conveyed because of the Lena Payne so you can R.D. Payne had been gotten by joint business from one another for the meaning of 84 O.S. 1961 § 213 , Subd. dos. Verified.

¶1 The latest Heirs, Executors, Administrators, etcetera., off Roentgen.D. Payne, Lifeless, Ennid Ferguson and you may Lee Payne (defendants on demo judge) notice regarding a wisdom rendered and https://besthookupwebsites.org/pl/antichat-recenzja/ only Alexander Linder Seay, Executor of one’s Estate off Lena Payne, Dead (plaintiff lower than) in which the latest identity to an enormous area out-of land is quieted into the plaintiff and contrary to the defendants. New functions might possibly be regarded by their demo courtroom designation otherwise by name.

¶2 The main concern showed within appeal is whether or not the new countries have been obtained from the combined business regarding Lena Payne and you will the lady second husband Roentgen.D. Payne, due to the fact provided throughout the 2nd Subdivision out of 84 O.S. 1961 § 213 .

¶step 3 Lena Payne, formerly Seay, and you can Alexander Linder Seay, was basically originally the latest widow and man correspondingly regarding Oscar Seay, from who they obtained, because of the genetics or devise, a ranch comprising of many miles away from land. During the January, 1945, Lena partnered Roentgen.D. Payne. In the course of the wedding truly the only assets owned by Roentgen.D. Payne was his automobile and several individual outcomes.

¶cuatro Into the October 30, 1946, Lena expressed in order to R.D. Payne, for “One dollar, available repaid, * * * or any other a great and you may worthwhile factors,” a one-50 % of interest in 900 acres regarding house. Toward January twenty eight, 1948, Lena shown to help you Roentgen.D. Payne, to have an appreciation attention, the remaining term compared to that home. D. Payne expressed so you’re able to Roentgen.D. Payne, getting an enjoy idea, a one-50 % of need for whenever 2000 miles from property. No documentary funds stamps come up on some of the more than deeds. Inside the each one of the a lot more than years Lena made All of us Present Tax returns on the over conveyances. She paid back zero income tax on output to possess 1946 and 1948, and you can paid back $ for the 1950 return.

¶5 The grounds filled and owned otherwise stored for the faith getting Alexander Seay adjoined the individuals owned by Lena and you may/otherwise R.D. Payne, nevertheless edge between the two are busted or uneven. In order to “rectangular upwards” its respective functions discover a move out of deeds, in which with the Oct 22, 1952, insofar as well as related to this attract, (1) Lena due to the fact Trustee underneath the usually regarding Oscar Seay to your advantageous asset of Alexander Seay, conveyed the outside away from 390 miles so you’re able to herself and you can Roentgen.D. Payne, (2) Lena, just like the said Trustee, expressed the outside from 410 acres to R.D. Payne, and you can (3) Alexander Seay, entered by the their spouse, expressed the outside off 490 acres so you’re able to R.D. Payne. In return Alexander Seay obtained conveyances for about a comparable acreage.

Lena Payne died testate Sep 2, 1965, making a will dated January 7, 1964, in which, immediately after bringing to possess percentage off costs out-of ailment, burial and you may fees, there is certainly the next provision:

¶six R.D. Payne died intestate toward December twenty seven, 1963. Zero people had been created regarding his wedding so you can Lena. He left thriving, his widow Lena, his sis Ennid Ferguson (defendant) with his sibling Lee Payne (defendant).

“Most of the other individuals, residue and you will rest of my assets from anyway type and wheresoever receive, end up being exact same real, personal and you may/or mixed, and you may including any and all assets and you can Property that i may keeps passed on or even be eligible to away from my personal dead spouse, R.D. Payne, I spread, provide, and you will create unto my personal boy, Alexander Linder Seay, absolutely and you can without restriction otherwise restrict of any kind otherwise profile.”