D. PAYNE, Deceased, ENNID FERGUSON And you will LEE PAYNE, PLAINTIFFS By mistake, v
To the January 20, 1950, Lena and Roentgen
¶0 Focus because of the Heirs, an such like. off Roentgen.D. Payne, Dry, and others (defendants) of a view quieting term to countries inside Executor of Home from Lena Payne, inactive. Foundation regarding wisdom are that under the circumstances the grounds shown of the Lena Payne in order to Roentgen.D. Payne have been obtained of the shared community off one another inside the meaning of 84 O.S. 1961 § 213 , Subd. dos. Affirmed.
¶1 The newest Heirs, Executors, Administrators, etcetera., away from Roentgen.D. Payne, Dry, Ennid Ferguson and Lee Payne (defendants throughout the demonstration legal) desire from a judgment rendered and only Alexander Linder Seay, Executor of one’s Home off Lena Payne, Dead (plaintiff lower than) by which the name to a big tract regarding residential property try quieted in the plaintiff and you will up against the defendants. The activities was known by their demo legal designation or by-name.
¶dos The main matter demonstrated within this desire is whether the new countries have been gotten of the combined globe of Lena Payne and you can the lady 2nd husband R.D. Payne, since the provided regarding 2nd Subdivision of 84 O.S. 1961 § 213 .
¶step 3 Lena Payne, formerly Seay, and you will Alexander Linder Seay, was in fact originally the fresh widow and you can child correspondingly of Oscar Seay, of just who they obtained, from the inheritance or develop, a farm comprising many acres out of land. Inside January, 1945, Lena hitched Roentgen.D. Payne. In the course of the wedding really the only possessions belonging to R.D. Payne is their vehicle and lots of personal consequences.
¶cuatro To the Oct 30, 1946, Lena shown so you can Roentgen.D. www.besthookupwebsites.org/sapiosexual-dating Payne, to have “One dollar, at your fingertips repaid, * * * and other an effective and you may worthwhile factors,” a-one-1 / 2 of interest in 900 acres off homes. To your January twenty-eight, 1948, Lena shown to help you R.D. Payne, to have a prefer thought, the rest term to that house. D. Payne shown to help you Roentgen.D. Payne, for an enjoy planning, a single-50 % of demand for up to 2000 miles off property. No documentary money press come through to any of the significantly more than deeds. Inside each one of the above age Lena made United states Current Tax statements to your a lot more than conveyances. She reduced zero income tax on the production to own 1946 and you may 1948, and you may paid $ on 1950 get back.
¶5 The grounds occupied and you can owned or stored when you look at the believe to have Alexander Seay adjoined men and women belonging to Lena and you can/or R.D. Payne, nevertheless the boundary between them is actually damaged otherwise uneven. In order to “square upwards” the particular properties there was a move out of deeds, whereby for the October twenty two, 1952, insofar as is relevant compared to that attract, (1) Lena as Trustee in commonly regarding Oscar Seay on the benefit of Alexander Seay, conveyed the surface of 390 acres to by herself and you may R.D. Payne, (2) Lena, given that said Trustee, shown the surface of 410 miles to R.D. Payne, and you may (3) Alexander Seay, entered because of the his spouse, shown the surface out-of 490 miles to R.D. Payne. In return Alexander Seay acquired conveyances for around an identical acreage.
Lena Payne died testate September dos, 1965, making a can dated January eight, 1964, in which, once delivering for fee from expenses of ailment, burial and you can fees, you will find the following supply:
¶six R.D. Payne died intestate into December twenty-seven, 1963. Zero students was indeed produced away from their relationship in order to Lena. The guy remaining surviving, their widow Lena, his aunt Ennid Ferguson (defendant) with his cousin Lee Payne (defendant).
“All rest, residue and you may remainder of my personal property regarding at all kind and you can exactly where discovered, become same real, personal and you can/otherwise combined, and you may including any and all property and you may House that i may features passed down or perhaps be entitled to of my dry spouse, R.D. Payne, I pass on, give, and you may devise unto my personal child, Alexander Linder Seay, surely and rather than limitation otherwise limit of any sort otherwise reputation.”