Into January 20, 1950, Lena and R
¶0 Notice by the Heirs, etc. out of Roentgen.D. Payne, Dead, while some (defendants) from a view quieting title to help you countries when you look at the Executor out-of House from Lena Payne, deceased. Foundation off wisdom is actually one to under the issues the grounds conveyed by Lena Payne so you can R.D. Payne was basically acquired by combined globe regarding each other during the concept of 84 O.S. 1961 § 213 , Subd. 2. Affirmed.
¶1 The Heirs, Executors, Directors, an such like., off Roentgen.D. Payne, Dead, Ennid Ferguson and you can Lee Payne (defendants about trial judge) appeal out-of a judgment rendered in support of Alexander Linder Seay, Executor of your Estate out-of Lena Payne, Lifeless (plaintiff less than) in which the brand new name so you can a massive area off property is actually quieted into the plaintiff and from the defendants. The parties was known by the their demo judge designation otherwise by name.
¶dos The principal question presented inside attention is whether the new countries was in fact acquired from the combined industry from Lena Payne and this lady second spouse Roentgen.D. Payne, due to the fact given throughout the 2nd Subdivision out of 84 O.S. 1961 § 213 .
¶step 3 Lena Payne, formerly Seay, and you can Alexander Linder Seay, had been to begin with new widow and you may guy correspondingly out of Oscar Seay, from who they obtained, from the inheritance or develop, a ranch composed of of numerous acres off property. Inside the January, 1945, Lena partnered Roentgen.D. Payne. At the time of the marriage truly the only possessions belonging to Roentgen.D. Payne are their auto and several private outcomes.
¶cuatro On Oct 31, 1946, Lena conveyed so you’re able to Roentgen.D. Payne, getting “One dollar, in hand paid off, * * * or any other an effective and rewarding factors,” a-one-half of demand for 900 miles regarding land. https://besthookupwebsites.org/milf-hookup/ Into January twenty eight, 1948, Lena expressed so you can R.D. Payne, to possess an adore consideration, the remainder identity to that particular house. D. Payne shown so you’re able to Roentgen.D. Payne, to possess an appreciation idea, a single-1 / 2 of need for as much as 2000 acres away from property. No documentary revenue stamps are available up on any of the significantly more than deeds. In the each of the more than decades Lena generated All of us Provide Tax returns with the significantly more than conveyances. She paid down no tax to your yields getting 1946 and you can 1948, and you will repaid $ towards the 1950 go back.
¶5 The lands occupied and you may possessed otherwise kept from inside the believe for Alexander Seay adjoined those individuals owned by Lena and you may/or Roentgen.D. Payne, nevertheless boundary between them try broken or bumpy. In order to “square up” its respective qualities you will find an exchange out-of deeds, whereby on October twenty-two, 1952, insofar as is relevant compared to that attract, (1) Lena as the Trustee within the will of Oscar Seay to your benefit of Alexander Seay, shown the surface regarding 390 miles so you can herself and Roentgen.D. Payne, (2) Lena, once the said Trustee, expressed the surface away from 410 acres in order to R.D. Payne, and you can (3) Alexander Seay, joined of the his girlfriend, expressed the exterior regarding 490 miles to help you Roentgen.D. Payne. In return Alexander Seay gotten conveyances for approximately the same acreage.
Lena Payne passed away testate Sep 2, 1965, leaving a may old January seven, 1964, where, just after bringing to own payment of expenses away from diseases, burial and you will taxes, discover the following provision:
¶six Roentgen.D. Payne died intestate towards the December twenty seven, 1963. No college students was basically created off his marriage so you can Lena. He kept thriving, his widow Lena, his aunt Ennid Ferguson (defendant) and his sister Lee Payne (defendant).
“All of the other people, residue and you can rest of my assets off after all form and wheresoever found, be exact same real, personal and you can/or combined, and and every assets and Property which i could possibly get has passed down or even be entitled to from my lifeless spouse, R.D. Payne, We give, bring, and you can create unto my personal kid, Alexander Linder Seay, absolutely and you may rather than limitation otherwise restriction of any sort or character.”