For the January 20, 1950, Lena and you can Roentgen

¶0 Attract from the Heirs, etcetera. away from Roentgen.D. Payne, Dead, and others (defendants) of a wisdom quieting term so you can places during the Executor away from House of Lena Payne, dry. Foundation of view are you to definitely according to the circumstances the causes expressed from the Lena Payne so you’re able to R.D. Payne was in fact acquired by combined business regarding one another when you look at the concept of 84 O.S. 1961 § 213 , Subd. 2. Verified.

¶step one Brand new Heirs, Executors, Administrators, etc., away from R.D. Payne, Inactive, Ennid Ferguson and you may Lee Payne (defendants on demonstration judge) attract off a view rendered in support of Alexander Linder Seay, Executor of the House out-of Lena Payne, Deceased (plaintiff below) in which the brand new title in order to a big tract of house is quieted in plaintiff and you will from the defendants. Brand new parties might be described by their demonstration courtroom designation otherwise by name.

¶2 The primary matter showed contained in this attract is whether the lands was in fact obtained of the shared industry regarding Lena Payne and you may the lady next husband R.D. Payne, since given in the 2nd Subdivision regarding 84 O.S. 1961 § 213 .

¶step three Lena Payne, previously Seay, and you can Alexander Linder Seay, was indeed in the first place the fresh new widow and you can child correspondingly of Oscar Seay, off exactly who it gotten, by heredity or develop, a farm consisting of of many miles out of land. Within the January, 1945, Lena hitched Roentgen.D. Payne. During the time of the marriage truly the only property belonging to R.D. Payne is actually their vehicle and several private consequences.

¶cuatro Towards the Oct 29, 1946, Lena expressed so you can Roentgen.D. Payne, to possess “One-dollar, at hand paid down, * * * or other good and you may valuable factors,” a single-half of demand for 900 miles off residential property. On January 28, 1948, Lena expressed so you’re able to Roentgen.D. Payne, to own an adore attention, the remainder name to that particular home. D. Payne expressed to R.D. Payne, to possess an appreciation attention, a single-half of demand for whenever 2000 miles of residential property. No documentary money stamps are available on any of the over deeds. Inside each one of the more than decades Lena made United states Gift Tax statements on the significantly more than conveyances. She repaid zero income tax into the production to have 1946 and you will 1948, and you can repaid $ into the 1950 return.

¶5 The causes filled and possessed otherwise held within the faith to own Alexander Seay adjoined people owned by Lena and you can/or Roentgen.D. Payne, nevertheless border between the two is busted or rough. To try to “rectangular upwards” the particular characteristics there clearly was a transfer away from deeds, for which on the Oct twenty two, 1952, insofar as well as pertinent to that attract, (1) Lena due to the fact Trustee underneath the often of Oscar Seay into advantage of Alexander Seay, conveyed the surface off 390 miles so you’re able to by herself and you will R.D. Payne, (2) Lena, due to the fact told you Trustee, conveyed the exterior off 410 acres so you’re able to Roentgen.D. Payne, and you will (3) Alexander Seay, entered from the his girlfriend, indicated the exterior out of 490 acres so you’re able to R.D. Payne. In return Alexander Seay acquired conveyances for around a similar acreage.

Lena Payne died testate September dos, 1965, making a can dated January seven, 1964, where, immediately after providing having percentage off expenses away from illness, burial and taxation, there can hindu dating apps be the second supply:

¶6 Roentgen.D. Payne died intestate on the December twenty seven, 1963. Zero pupils was in fact produced from their matrimony so you’re able to Lena. He leftover enduring, his widow Lena, their aunt Ennid Ferguson (defendant) and his awesome sis Lee Payne (defendant).

“All of the others, residue and you may remainder of my personal possessions out-of at all form and wheresoever found, be exact same real, private and/or blended, and you can together with all assets and you will House that we can get possess passed on or be permitted away from my personal dry spouse, Roentgen.D. Payne, I bequeath, give, and create unto my personal boy, Alexander Linder Seay, positively and versus limitation otherwise limitation of any sort otherwise character.”