With the January 20, 1950, Lena and you can R
¶0 Notice from the Heirs, etc. off Roentgen.D. Payne, Dry, while others (defendants) off a judgment quieting label so you can lands from inside the Executor from Estate off Lena Payne, inactive. Foundation from wisdom is actually you to according to the products the grounds shown of the Lena Payne in order to R.D. Payne were gotten by the shared community off one another inside the concept of 84 O.S. 1961 § 213 , Subd. 2. Affirmed.
¶1 New Heirs, Executors, Administrators, etc., from Roentgen.D. Payne, Deceased, Ennid Ferguson and you may Lee Payne (defendants on the trial court) appeal away from a judgment made and only Alexander Linder Seay, Executor of the House of Lena Payne, Deceased (plaintiff lower than) by which the fresh new identity to a giant area away from homes try quieted during the plaintiff and against the defendants. The fresh new parties could be referred to by their demo court designation or by-name.
¶dos The primary matter presented within this appeal is if the new countries were gotten by shared globe from Lena Payne and their 2nd spouse R.D. Payne, since provided from the 2nd Subdivision out of 84 O.S. 1961 § 213 .
¶step 3 Lena Payne, previously Seay, and Alexander Linder Seay, was in fact in the first place the fresh widow and you will child correspondingly out of Oscar Seay, off which it gotten, by inheritance otherwise create, a farm including of a best dating sites for uniform singles lot miles away from residential property. When you look at the January, 1945, Lena married Roentgen.D. Payne. During the marriage the only real assets owned by R.D. Payne are his vehicle and some personal effects.
¶4 On Oct 31, 1946, Lena expressed in order to R.D. Payne, to have “One-dollar, at your fingertips repaid, * * * and other a and you may beneficial considerations,” a single-1 / 2 of need for 900 miles out of homes. Toward January twenty-eight, 1948, Lena indicated so you can Roentgen.D. Payne, to possess an admiration consideration, the remainder title to that house. D. Payne shown so you’re able to Roentgen.D. Payne, getting an adore idea, a-one-half of need for as much as 2000 miles from house. No documentary cash seal of approval appear on any of the a lot more than deeds. Inside each of the more than age Lena produced Us Provide Tax statements towards above conveyances. She paid back no income tax to the returns having 1946 and you may 1948, and you may reduced $ into 1950 return.
¶5 The lands filled and you may owned or stored in believe for Alexander Seay adjoined people owned by Lena and/otherwise R.D. Payne, nevertheless the line between the two try broken or bumpy. In an attempt to “rectangular upwards” their respective characteristics there’s an exchange regarding deeds, which toward October twenty-two, 1952, insofar as it is appropriate to that particular attract, (1) Lena because the Trustee within the often regarding Oscar Seay on the advantageous asset of Alexander Seay, conveyed the exterior out of 390 miles to by herself and you may R.D. Payne, (2) Lena, due to the fact told you Trustee, expressed the outside off 410 acres so you’re able to Roentgen.D. Payne, and (3) Alexander Seay, joined because of the his girlfriend, expressed the exterior from 490 miles so you can R.D. Payne. In return Alexander Seay gotten conveyances for about a similar acreage.
Lena Payne died testate September dos, 1965, making a might dated January 7, 1964, in which, shortly after bringing having commission out-of expenses out of problems, burial and you will taxation, you will find another supply:
¶six Roentgen.D. Payne died intestate with the December twenty-seven, 1963. Zero college students was created off their relationships to Lena. The guy kept surviving, his widow Lena, his sibling Ennid Ferguson (defendant) and his awesome brother Lee Payne (defendant).
“The other people, residue and remainder of my personal property from at all form and where ever discover, getting exact same real, individual and/or blended, and you will in addition to all possessions and you will House that we will get enjoys passed down or even be eligible to from my dead husband, Roentgen.D. Payne, We bequeath, render, and you may devise unto my son, Alexander Linder Seay, seriously and without limit or limit of any sort or reputation.”