D. PAYNE, Lifeless, ENNID FERGUSON And you may LEE PAYNE, PLAINTIFFS By mistake, v

D. PAYNE, Lifeless, ENNID FERGUSON And you may LEE PAYNE, PLAINTIFFS By mistake, v

To the January 20, 1950, Lena and R

¶0 Notice of the Heirs, etc. out of R.D. Payne, Lifeless, although some (defendants) of a judgment quieting term to help you lands for the Executor from Home off Lena Payne, deceased. Basis off wisdom are that according to the points the lands shown because of the Lena Payne so you can Roentgen.D. Payne was basically received from the shared world from both when you look at the concept of 84 O.S. 1961 § 213 , Subd. 2. Confirmed.

¶step 1 Brand new Heirs, Executors, Administrators, an such like., regarding R.D. Payne, Lifeless, Ennid Ferguson and you can Lee Payne (defendants from the demonstration legal) focus away from a judgment rendered in favor of Alexander Linder Seay, Executor of Home out of Lena Payne, Lifeless (plaintiff lower than) whereby this new label to help you a huge region of property is quieted into the plaintiff and resistant to the defendants. The latest people could well be known by the their trial judge designation or by-name.

¶dos The principal question displayed in this attract is whether brand new lands was basically gotten by the mutual globe out of Lena Payne and you will this lady second partner R.D. Payne, since the considering on the Next Subdivision out-of 84 O.S. 1961 § 213 .

¶3 Lena Payne, earlier Seay, and you may Alexander Linder Seay, was in fact originally the fresh new widow and you may guy correspondingly off Oscar Seay, off whom it received, by inheritance or develop, a ranch comprising of several miles of home. From inside the January, 1945, Lena partnered R.D. Payne. In the course of the wedding the sole assets owned by R.D. Payne is his auto and lots of personal outcomes.

¶cuatro Toward October 30, 1946, Lena conveyed to help you R.D. Payne, to own « One-dollar, https://besthookupwebsites.org/international-dating/ in hand repaid, * * * or other a great and valuable considerations, » a one-half of interest in 900 miles of property. Toward January 28, 1948, Lena indicated to help you R.D. Payne, having a really love said, the remaining term to this residential property. D. Payne shown in order to R.D. Payne, to possess a really love believe, a-one-half of need for approximately 2000 acres away from residential property. Zero documentary money stamps are available abreast of any of the over deeds. Inside each of the significantly more than ages Lena generated United states Gift Tax returns toward significantly more than conveyances. She reduced zero tax to your returns to own 1946 and you can 1948, and repaid $ towards 1950 return.

¶5 The grounds occupied and you can had otherwise stored inside the faith to have Alexander Seay adjoined the individuals belonging to Lena and/otherwise Roentgen.D. Payne, nevertheless boundary among them are busted or rough. So that you can « square right up » its respective attributes there was a move off deeds, in which towards the Oct twenty two, 1952, insofar as is relevant to this attention, (1) Lena just like the Trustee according to the tend to off Oscar Seay toward advantage of Alexander Seay, conveyed the surface of 390 miles to by herself and you may R.D. Payne, (2) Lena, given that said Trustee, conveyed the surface from 410 acres to Roentgen.D. Payne, and (3) Alexander Seay, inserted by the his partner, expressed the outside off 490 acres in order to Roentgen.D. Payne. Reciprocally Alexander Seay received conveyances for approximately the same acreage.

Lena Payne passed away testate Sep 2, 1965, leaving a can old January eight, 1964, in which, shortly after bringing getting commission regarding expenses away from diseases, burial and taxation, there clearly was the next supply:

¶six R.D. Payne passed away intestate into the December twenty-seven, 1963. Zero pupils have been born away from his marriage to help you Lena. The guy left enduring, their widow Lena, his sibling Ennid Ferguson (defendant) and his aunt Lee Payne (defendant).

« All of the other people, deposit and you can rest of my assets out-of anyway kind and anywhere located, become same genuine, private and you will/otherwise mixed, and you can including any property and you can Estate that we will get provides inherited or perhaps entitled to out-of my personal lifeless husband, R.D. Payne, I bequeath, bring, and you will develop unto my child, Alexander Linder Seay, surely and you will versus limit otherwise maximum of any kind otherwise profile. »

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