Towards the January 20, 1950, Lena and you will R
¶0 Notice of the Heirs, etcetera. away from R.D. Payne, Dead, while some (defendants) off a judgment quieting name in order to places for the Executor of Home away from Lena Payne, lifeless. Base out-of view try one to according to the things the lands indicated because of the Lena Payne so you’re able to R.D. Payne have been received from the combined world of each other in meaning of 84 O.S. 1961 § 213 , Subd. 2. Affirmed.
¶step one The latest Heirs, Executors, Directors, etcetera., out-of R.D. Payne, Inactive, Ennid Ferguson and you may Lee Payne (defendants throughout the demonstration legal) interest out of a wisdom made in support of Alexander Linder Seay, Executor of Property of Lena Payne, Deceased (plaintiff below) by which the newest identity to a huge system of property are quieted in plaintiff and you can against the defendants. Brand new parties would-be referred to from the its trial legal designation otherwise by name.
¶2 The principal matter exhibited inside desire is whether the newest countries was basically obtained by the joint globe of Lena Payne and you can this lady next husband Roentgen.D. Payne, as the offered on Next Subdivision from 84 O.S. 1961 § 213 .
¶3 Lena Payne, formerly Seay, and you can Alexander Linder Seay, have been in the first place new widow and you may man respectively away from Oscar Seay, out of just who they acquired, by the heredity otherwise devise, a ranch consisting of many miles off homes. Inside the January, 1945, Lena hitched R.D. Payne. In the course of the wedding the only assets belonging to Roentgen.D. Payne is his vehicle and some private consequences.
¶4 Into the Oct 31, 1946, Lena shown to help you Roentgen.D. Payne, getting “One dollar, available paid, * * * or any other an excellent and you can rewarding considerations,” a-one-half of interest in 900 acres off homes. Towards the January twenty eight, 1948, Lena expressed so you can R.D. Payne, to possess a like said, the making friends dating sites rest name compared to that property. D. Payne conveyed in order to R.D. Payne, to have a like thought, a single-50 % of demand for everything 2000 acres off land. Zero documentary money stamps arrive abreast of the a lot more than deeds. For the each of the a lot more than ages Lena generated You Gift Tax returns on the a lot more than conveyances. She repaid no income tax to your yields for 1946 and you will 1948, and you may paid $ towards 1950 come back.
¶5 The grounds filled and you can possessed otherwise kept inside the faith having Alexander Seay adjoined those belonging to Lena and/or Roentgen.D. Payne, however the border among them is actually damaged otherwise bumpy. In order to “square upwards” its particular characteristics there is an exchange of deeds, wherein toward Oct 22, 1952, insofar as it is pertinent to that particular notice, (1) Lena because the Trustee within the tend to regarding Oscar Seay into the advantage of Alexander Seay, shown the exterior off 390 miles to help you herself and R.D. Payne, (2) Lena, given that said Trustee, indicated the surface from 410 miles in order to Roentgen.D. Payne, and you may (3) Alexander Seay, entered from the his partner, conveyed the outside from 490 acres in order to Roentgen.D. Payne. In exchange Alexander Seay obtained conveyances for around the same acreage.
Lena Payne died testate Sep dos, 1965, making a will dated January eight, 1964, in which, shortly after delivering to possess commission out of expenses off sickness, burial and you may taxes, you will find the second supply:
¶6 R.D. Payne passed away intestate to your December 27, 1963. No people was in fact born away from his wedding so you can Lena. The guy kept thriving, their widow Lena, his cousin Ennid Ferguson (defendant) along with his cousin Lee Payne (defendant).
“Most of the rest, residue and you will rest of my personal property from at all form and wheresoever discovered, end up being exact same actual, individual and you will/otherwise mixed, and including any and all property and you may Home that we may enjoys inherited or be permitted out-of my inactive spouse, Roentgen.D. Payne, We bequeath, provide, and you can develop unto my personal boy, Alexander Linder Seay, certainly and you will instead restriction or restrict of any kind otherwise character.”