D. PAYNE, Inactive, ENNID FERGUSON And you may LEE PAYNE, PLAINTIFFS By mistake, v

Towards January 20, 1950, Lena and you will R

¶0 Notice by Heirs, an such like. off R.D. Payne, Dry, while others (defendants) off a judgment quieting identity so you’re able to places during the Executor out-of House regarding Lena Payne, dead. Foundation off view is actually that in things the causes expressed by Lena Payne to Roentgen.D. Payne was in fact gotten by joint business out of each other inside the concept of 84 O.S. 1961 § 213 , Subd. 2. Confirmed.

¶step 1 The fresh new Heirs, Executors, Administrators, etc., out of R.D. Payne, Dry, Ennid Ferguson and you may Lee Payne (defendants from the trial judge) attract regarding a wisdom made and only Alexander Linder Seay, Executor of Home away from Lena Payne, Lifeless (plaintiff lower than) for which this new term to a large region of residential property are quieted for the plaintiff and you can up against the defendants. The latest parties might be known from the the demo court designation or by-name.

¶dos The primary concern showed within this attention is whether the newest countries was basically gotten of the combined business of Lena Payne and the lady second spouse Roentgen.D. Payne, given that given regarding the Second Subdivision away from 84 O.S. 1961 § 213 .

¶step three Lena Payne, formerly Seay, and you may Alexander Linder Seay, was to start with the brand new widow and you can boy correspondingly away from Oscar Seay, out of exactly who it acquired, because of the inheritance or devise, a ranch comprising of a lot miles out of land. In January, 1945, Lena married Roentgen.D. Payne. In the course of the wedding the only possessions owned by R.D. Payne are their auto and many private effects.

¶4 For the Oct 29, 1946, Lena indicated to help you R.D. Payne, to own “One-dollar, in hand paid down, * * * or any other a good and rewarding factors,” a-one-1 / 2 of demand for 900 miles out-of property. Into the January 28, 1948, Lena shown to help you R.D. Payne, to possess a prefer believe, the remainder label compared to that homes. D. Payne shown to Roentgen.D. Payne, to have a like idea, a single-half demand for approximately 2000 acres regarding residential property. Zero documentary funds stamps appear on the more than deeds. For the each one of the above many years Lena generated You Gift Taxation statements toward above conveyances. She paid off zero income tax into the productivity to own 1946 and 1948, and repaid $ toward 1950 return.

¶5 The causes filled and you may owned or stored during the believe having Alexander Seay adjoined those owned by Lena and you can/or R.D. Payne, nevertheless the edge among them try damaged otherwise bumpy. In an attempt to “square right up” the particular characteristics there can be a transfer out-of deeds, which on the Oct 22, 1952, insofar as is pertinent to that attention, (1) Lena due to the fact Trustee beneath the commonly regarding Oscar Seay to the benefit of Alexander Seay, indicated the exterior from 390 acres to help you herself and you may R.D. Payne, (2) Lena, since said Trustee, expressed the surface away from 410 miles to R.D. Payne, and (3) Alexander Seay, inserted by their spouse, indicated the exterior of 490 acres so you can R.D. Payne. In return Alexander Seay received conveyances for around a similar acreage.

Lena Payne died testate Sep dos, 1965, leaving a could old January 7, 1964, where, after getting to possess payment regarding costs from disease, burial and you can taxation, discover another provision:

¶six R.D. Payne died intestate for the December twenty-seven, 1963. Zero students have been produced away from their matrimony in order to Lena. The guy left surviving, their widow Lena, their sibling Ennid Ferguson (defendant) with his cousin Lee Payne (defendant).

“Most of the people, deposit and you may remainder of my personal possessions regarding at all form and you will anywhere found, end up being exact same genuine, personal and you may/otherwise mixed, and you may in addition to any possessions and you may Estate which i can get has actually passed on or be eligible to out-of my personal lifeless spouse, R.D. Payne, We pass on, give, and you can create unto my boy, Alexander Linder Seay, undoubtedly and you may in place of restrict otherwise limitation of any sort or character.”