Into January 20, 1950, Lena and R
¶0 Focus because of the Heirs, an such like. away from Roentgen.D. Payne, Dead, while others (defendants) regarding a view quieting name so you can lands when you look at the Executor regarding Home off Lena Payne, dry. Basis of view was one to according to the circumstances the grounds expressed because of the Lena Payne so you’re able to R.D. Payne had been received because of the joint world off both in meaning of 84 O.S. 1961 § 213 , Subd. dos. Verified.
¶1 The new Heirs, Executors, Administrators, an such like., out-of Roentgen.D. Payne, Deceased, Ennid Ferguson and you may Lee Payne (defendants in the demo courtroom) desire from a view rendered in favor of Alexander Linder Seay, Executor of the Home out of Lena Payne, Deceased (plaintiff below) where new term to a massive tract out-of belongings is quieted in the plaintiff and you may against the defendants. The brand new functions might be described by the the demonstration courtroom designation otherwise by-name.
¶2 The main concern shown inside appeal is whether or not the newest places had been acquired by combined globe off Lena Payne and you may their 2nd partner R.D. Payne, because the given throughout the Second Subdivision out of 84 O.S. 1961 § 213 .
¶3 Lena Payne, earlier Seay, and you may Alexander Linder Seay, was to start with the fresh new widow and you will child correspondingly out-of Oscar Seay, regarding which it acquired, because of the genetics otherwise devise, a farm comprising of several miles of residential property. For the January, 1945, Lena hitched R.D. Payne. During the time of the wedding really the only property owned by R.D. Payne is their car and several private outcomes.
¶4 To your Oct 30, 1946, Lena indicated so you’re able to Roentgen.D. Payne, having “One dollar, at your fingertips paid down, * * * or other a beneficial and you can rewarding factors,” a-one-half of interest in 900 miles from house. On January 28, 1948, Lena shown to help you R.D. Payne, to possess an adore planning, the remainder term to this house. D. Payne shown so you can Roentgen.D. Payne, getting an enjoy thought, a-one-1 / 2 of need for whenever 2000 miles from homes. No documentary cash press come upon some of the more than deeds. For the each of the a lot more than many years Lena made You Current Taxation statements towards a lot more than conveyances. She paid back zero tax towards efficiency getting 1946 and 1948, and paid down $ with the 1950 return.
¶5 The causes occupied and possessed otherwise held in trust having Alexander Seay adjoined the individuals belonging to Lena and/otherwise Roentgen.D. Payne, nevertheless boundary among them are broken or bumpy. In order to “square upwards” the particular functions there’s a move regarding deeds, in which for the Oct 22, 1952, insofar as is pertinent compared to that attention, (1) Lena because Trustee under the tend to away from Oscar Seay on advantageous asset of Alexander Seay, expressed the surface away from 390 miles in order to herself and you will R.D. Payne, (2) Lena, due to the fact told you Trustee, shown the outside out-of 410 acres so you’re able to Roentgen.D. Payne, and you may (3) Alexander Seay, joined by their partner, expressed the surface out-of 490 miles so you’re able to Roentgen.D. Payne. Reciprocally Alexander Seay gotten conveyances for around an identical acreage.
Lena Payne passed away testate September 2, 1965, leaving a may old January 7, 1964, in which afrointroductions, after delivering getting percentage regarding expenditures out-of diseases, burial and you can taxes, discover next supply:
¶six Roentgen.D. Payne died intestate to the December twenty-seven, 1963. No children was basically created out-of their wedding so you’re able to Lena. The guy remaining surviving, his widow Lena, their sis Ennid Ferguson (defendant) along with his aunt Lee Payne (defendant).
“All other people, deposit and you may rest of my personal possessions from anyway form and anywhere receive, end up being exact same actual, personal and you may/or combined, and including all assets and you can Home that i will get possess inherited or perhaps entitled to off my personal dead spouse, Roentgen.D. Payne, I spread, bring, and you can develop unto my personal child, Alexander Linder Seay, definitely and instead restrict or restriction of any sort or reputation.”