Towards January 20, 1950, Lena and you will R
¶0 Interest of the Heirs, etc. regarding Roentgen.D. Payne, Lifeless, although some (defendants) off a view quieting label to help you lands in Executor off Home out of Lena Payne, dry. Base out-of view try that in points the grounds indicated because of the Lena Payne so you’re able to R.D. Payne was indeed acquired because of the mutual business of both within the meaning of 84 O.S. 1961 § 213 , Subd. dos. Verified.
¶1 The newest Heirs, Executors, Directors, an such like., away from R.D. Payne, Inactive, Ennid Ferguson and you will Lee Payne (defendants regarding the demo court) appeal of a wisdom made in favor of Alexander Linder Seay, Executor of one’s House of Lena Payne, Inactive (plaintiff lower than) wherein the fresh identity so you’re able to a large tract regarding belongings was quieted from inside the plaintiff and up against the defendants. This new functions might possibly be regarded of the the demo legal designation otherwise by-name.
¶dos The main question presented contained in this desire is whether or not the latest countries have been acquired because of the joint business of Lena Payne and her next partner R.D. Payne, because given regarding the Next Subdivision out-of 84 O.S. 1961 § 213 .
¶step 3 Lena Payne, previously Seay, and you will Alexander Linder Seay, was to begin with the fresh new widow and you may boy respectively out-of Oscar Seay, out of exactly who it obtained, from the inheritance or develop, a ranch consisting of of numerous miles from belongings. In the January, 1945, Lena partnered R.D. Payne. At the time of the marriage the only assets belonging to R.D. Payne was their car and several personal outcomes.
¶4 For the October 30, 1946, Lena shown to help you R.D. Payne, having “One-dollar, in hand paid sugar momma dating website back, * * * or other an effective and you can beneficial factors,” a-one-1 / 2 of demand for 900 acres regarding home. To your January 28, 1948, Lena shown so you’re able to Roentgen.D. Payne, to own a fancy consideration, the remaining identity to that house. D. Payne indicated so you’re able to R.D. Payne, for an adore planning, a one-half of demand for whenever 2000 acres out of home. No documentary cash seal of approval come up on all significantly more than deeds. When you look at the each one of the significantly more than ages Lena made Us Current Taxation statements to your over conveyances. She reduced zero income tax to your production having 1946 and you may 1948, and you will reduced $ towards 1950 return.
¶5 The lands occupied and you will owned otherwise stored in trust to have Alexander Seay adjoined those individuals belonging to Lena and/or Roentgen.D. Payne, nevertheless border between them is broken or uneven. In an attempt to “square up” their respective properties discover an exchange regarding deeds, wherein to your October 22, 1952, insofar as is pertinent to that particular focus, (1) Lena because Trustee within the will from Oscar Seay on the advantage of Alexander Seay, indicated the outside off 390 miles so you’re able to by herself and you will R.D. Payne, (2) Lena, due to the fact told you Trustee, indicated the outside out of 410 acres so you’re able to Roentgen.D. Payne, and you may (3) Alexander Seay, entered from the his partner, expressed the exterior of 490 acres to Roentgen.D. Payne. Inturn Alexander Seay acquired conveyances for about an identical acreage.
Lena Payne passed away testate Sep 2, 1965, making a may old January seven, 1964, in which, after delivering to possess payment out of expenditures out of sickness, burial and you can fees, there was the next supply:
¶six Roentgen.D. Payne died intestate on the December 27, 1963. No college students was basically produced of their marriage so you can Lena. The guy leftover surviving, his widow Lena, their sis Ennid Ferguson (defendant) and his awesome sibling Lee Payne (defendant).
“The other individuals, residue and you will rest of my assets regarding after all form and anywhere receive, getting exact same actual, individual and you may/or combined, and you can and any property and you may Home that i get provides handed down or even be entitled to off my lifeless partner, R.D. Payne, We bequeath, give, and you can create unto my son, Alexander Linder Seay, seriously and you may in place of limit otherwise restriction of any sort otherwise profile.”
