Апрель 5th, 2023 
admin With the January 20, 1950, Lena and R
¶0 Focus by Heirs, etcetera. out of R.D. Payne, Deceased, and others (defendants) of a view quieting identity in order to lands when you look at the Executor regarding Home out of Lena Payne, dry. Base off judgment was that according to the points the grounds conveyed by Lena Payne to Roentgen.D. Payne was basically gotten by joint globe away from one another for the meaning of 84 O.S. 1961 § 213 , Subd. dos. Confirmed.
¶step 1 This new Heirs, Executors, Directors, etcetera., from R.D. Payne, Deceased, Ennid Ferguson and you can Lee Payne (defendants regarding the demo courtroom) appeal out-of a wisdom rendered in support of Alexander Linder Seay, Executor of Estate out of Lena Payne, Dry (plaintiff lower than) whereby the fresh new title to a giant tract off house is actually quieted for the plaintiff and resistant to the defendants. The fresh parties might possibly be labeled from the its trial legal designation otherwise by-name.
¶2 The primary matter presented within this interest is if new lands had been obtained by the shared world from Lena Payne and you can their second husband R.D. Payne, because the offered on Next Subdivision off 84 O.S. 1961 § 213 .
¶step three Lena Payne, previously Seay, and you may Alexander Linder Seay, were in the first place the newest widow and you can kid correspondingly regarding Oscar Seay, off just who it acquired, from the inheritance otherwise devise, a farm composed of of numerous miles out of house. During the January, 1945, Lena partnered R.D. Payne. During the wedding truly the only possessions owned by R.D. Payne is their car and several individual consequences.
¶4 For the Oct 31, 1946, Lena indicated in order to Roentgen.D. Payne, to have «One-dollar, at your fingertips reduced, * * * or any other a and worthwhile considerations,» a one-1 / 2 of demand for 900 miles away from land. Towards January 28, 1948, Lena shown in order to R.D. Payne, to own an enjoy believe, the remaining label to that property. D. Payne shown to help you Roentgen.D. Payne, having a prefer believe, a-one-1 / 2 of need for as much as 2000 acres from house. Zero documentary revenue press appear up on any of the above deeds. Into the all the above years Lena made All of us Current Tax returns toward a lot more than conveyances. She paid off no taxation into the returns to own 1946 and 1948, and you will repaid $ for the 1950 get back.
¶5 The causes filled and you will owned otherwise kept inside faith to own Alexander Seay adjoined those individuals belonging to Lena and you will/or R.D. Payne, but the line among them are broken or uneven. To try to «rectangular right up» its particular features there can be a transfer regarding deeds, by which towards the Oct 22, 1952, insofar as is relevant to that interest, (1) Lena because Trustee beneath the often away from Oscar Seay on the advantage of Alexander Seay, conveyed the surface from 390 miles so you’re able to by herself and you will Roentgen.D. Payne, (2) Lena, because the said Trustee, shown the exterior off 410 acres in order to R.D. Payne, and you can (3) Alexander Seay, inserted from the their girlfriend, indicated the exterior of 490 acres so you’re able to Roentgen.D. Payne. Reciprocally Alexander Seay gotten conveyances for approximately a similar acreage.
Lena Payne passed away testate Sep dos, 1965, leaving a could dated January seven, 1964, in which, just after delivering having payment out of expenditures of sickness, burial and fees, you will find the following supply:
¶six R.D. Payne died intestate on the December twenty seven, 1963. Zero children was indeed born regarding his wedding in order senior dating site to Lena. He kept enduring, his widow Lena, his cousin Ennid Ferguson (defendant) along with his brother Lee Payne (defendant).
«All the other people, residue and you may rest of my possessions of anyway form and wheresoever receive, getting same genuine, personal and you will/otherwise blended, and and all property and you will Property that we get has handed down or be permitted away from my personal dry husband, R.D. Payne, We give, render, and develop unto my guy, Alexander Linder Seay, surely and you can instead of restriction or restriction of any kind otherwise profile.»
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