Towards January 20, 1950, Lena and you will R
¶0 Focus because of the Heirs, etc. out of R.D. Payne, Dry, and others (defendants) of a judgment quieting identity so you can lands for the Executor away from Estate from Lena Payne, dead. Basis from judgment is actually you to within the items the grounds expressed by the Lena Payne to R.D. Payne was basically acquired from the combined globe of one another when you look at the meaning of 84 O.S. 1961 § 213 , Subd. 2. Affirmed.
¶step one The newest Heirs, Executors, Administrators, etcetera., out-of Roentgen.D. Payne, Inactive, Ennid Ferguson and Lee Payne (defendants regarding trial legal) desire away from a view made in support of Alexander Linder Seay, Executor of your own Home out-of Lena Payne, Dry (plaintiff below) whereby the new label so you’re able to a massive area away from residential property are quieted within the plaintiff and you may against the defendants. The fresh functions would be referred to by the their demonstration judge designation or by-name.
¶2 The principal question displayed within this desire is if the lands have been acquired of the mutual globe of Lena Payne and you may her next husband R.D. Payne, just like the offered from the 2nd Subdivision out of 84 O.S. 1961 § 213 .
¶3 Lena Payne, formerly Seay, and you may Alexander Linder Seay, have been to begin with the fresh widow and you will guy correspondingly of Oscar Seay, regarding which they gotten, of the inheritance otherwise devise, a ranch comprising of numerous miles regarding house. In January, 1945, Lena married Roentgen.D. Payne. During the time of the wedding the actual only real possessions belonging to Roentgen.D. Payne is his vehicle and many personal effects.
¶cuatro To your October 30, 1946, Lena conveyed in order to Roentgen.D. Payne, to possess “One-dollar, at hand paid off, * * * or other good and you can rewarding factors,” a one-half of need for 900 miles away from land. On January 28, 1948, Lena shown in order to R.D. Payne, having a like believe, the remaining label compared to that homes. D. Payne expressed so you can R.D. Payne, having a love attention, a-one-1 / 2 of demand for as much as 2000 acres out-of belongings. No documentary money press arrive on the a lot more than deeds. Inside the each of the over decades Lena made Us Gift Tax returns toward above conveyances. She paid off zero taxation to the productivity having 1946 and you will 1948, and you will paid off $ on the 1950 return.
¶5 The causes filled and had otherwise stored within the believe for Alexander Seay adjoined those individuals owned by Lena and you can/or R.D. Payne, although line between the two try damaged or uneven. To try to “rectangular up” their respective features there’s a move out-of deeds, where to your October twenty-two, 1952, best hookup discrete apps insofar as it is pertinent to that particular notice, (1) Lena since the Trustee within the often away from Oscar Seay towards advantage of Alexander Seay, expressed the exterior of 390 miles to by herself and you may Roentgen.D. Payne, (2) Lena, as the said Trustee, indicated the exterior away from 410 miles so you can Roentgen.D. Payne, and you will (3) Alexander Seay, registered because of the his wife, conveyed the surface regarding 490 miles so you can R.D. Payne. Inturn Alexander Seay obtained conveyances for about a similar acreage.
Lena Payne died testate September dos, 1965, making a might old January 7, 1964, in which, just after getting for fee away from expenditures out of infection, burial and you may taxation, there can be the next provision:
¶six R.D. Payne died intestate towards December twenty-seven, 1963. Zero youngsters had been created out-of their relationship so you’re able to Lena. The guy left surviving, their widow Lena, his brother Ennid Ferguson (defendant) and his aunt Lee Payne (defendant).
“Every others, deposit and you will rest of my personal property regarding after all form and you will wheresoever discovered, become same real, individual and you can/or blended, and and additionally every property and you may Property which i may provides handed down or perhaps permitted out of my dead husband, R.D. Payne, I bequeath, give, and you will devise unto my personal child, Alexander Linder Seay, undoubtedly and you will as opposed to limitation otherwise limit of any kind or character.”