D. PAYNE, Deceased, ENNID FERGUSON And you can LEE PAYNE, PLAINTIFFS By mistake, v

Towards January 20, 1950, Lena and you will R

¶0 Appeal from the Heirs, etc. of Roentgen.D. Payne, Lifeless, although some (defendants) away from a wisdom quieting title so you can countries from inside the Executor out of Property of Lena Payne, lifeless. Base out of wisdom is you to within the issues the causes indicated from the Lena Payne to Roentgen.D. Payne were received by shared world out-of both in meaning of 84 O.S. 1961 § 213 , Subd. dos. Affirmed.

¶step 1 The latest Heirs, Executors, Administrators, etc., out-of Roentgen.D. Payne, Deceased, Ennid Ferguson and you will Lee Payne (defendants throughout the demo legal) focus away from a view rendered in support of Alexander Linder Seay, Executor of Estate regarding Lena Payne, Dead (plaintiff below) by which the latest identity so you can a large tract regarding belongings try quieted from inside the plaintiff and up against the defendants. The new activities could be referred to from the its trial legal designation or by-name.

¶2 The primary concern exhibited contained in this attract is whether brand new countries was basically obtained by the combined world away from Lena Payne and you can this lady 2nd partner R.D. Payne, since the provided on the Next Subdivision away from 84 O.S. 1961 § 213 .

¶step three Lena Payne, formerly Seay, and you will Alexander Linder Seay, was to start with new widow and you will guy correspondingly regarding Oscar Seay, of which they obtained, by the inheritance otherwise devise, a ranch composed of of many acres of land. Inside January, 1945, Lena hitched R.D. Payne. At the time of the marriage the only real property belonging to R.D. Payne is their car and some individual outcomes.

¶4 Toward October 31, 1946, Lena expressed so you’re able to R.D. Payne, having “One-dollar, available paid back, * * * and other a good and valuable considerations,” a one-half of interest in 900 acres of home. To your January twenty-eight, 1948, Lena conveyed to help you R.D. Payne, for a really love said, the remainder title to that homes. D. Payne indicated in order to Roentgen.D. Payne, for an appreciate thought, a-one-50 % of need for up to 2000 miles off home. No documentary money stamps arrive upon the a lot more than deeds. Inside the each one of the a lot more than decades Lena produced You Gift Tax returns towards the more than conveyances. She reduced no taxation into the output to own 1946 and you may 1948, and paid down $ with the 1950 return.

¶5 The lands filled and you can owned otherwise kept within the trust getting Alexander Seay adjoined those belonging to Lena and you may/otherwise R.D. Payne, but the edge between them was busted otherwise uneven. In an attempt to “square upwards” its particular properties there clearly was a move from deeds, by which to the Oct twenty-two, 1952, insofar as it is related to that particular interest, (1) Lena since Trustee in usually regarding Oscar Seay towards the advantageous asset of Alexander Seay, conveyed the surface out of 390 acres to herself and you can R.D. Payne, (2) Lena, while the told you Trustee, indicated the surface out-of 410 miles so you can Roentgen.D. Payne, and you can (3) Alexander Seay, entered of the their girlfriend, expressed the surface from 490 miles to Roentgen.D. Payne. In return Alexander Seay gotten conveyances for approximately a similar acreage.

Lena Payne passed away testate Sep 2, 1965, making a may old January eight, 1964, in which, after bringing for percentage regarding costs of problems, burial and taxes, russian dating only discover next provision:

¶six R.D. Payne passed away intestate into the December twenty seven, 1963. Zero college students was indeed created out of their wedding so you’re able to Lena. He left thriving, their widow Lena, their sister Ennid Ferguson (defendant) and his cousin Lee Payne (defendant).

“Every rest, deposit and you will remainder of my assets of at all form and where ever found, be exact same genuine, individual and you will/or blended, and you may including any and all property and you will Home that i will get has actually passed down or perhaps be entitled to of my personal dead spouse, R.D. Payne, I pass on, provide, and you can develop unto my child, Alexander Linder Seay, seriously and you will without limitation otherwise maximum of any kind or reputation.”