On the January 20, 1950, Lena and you will R

¶0 Desire of the Heirs, etcetera. from R.D. Payne, Dead, although some (defendants) regarding a judgment quieting identity in order to lands within the Executor of Home of Lena Payne, dead. Foundation of wisdom was that in affairs the lands shown by the Lena Payne so you’re able to R.D. Payne was basically acquired from the shared world off one another in concept of 84 O.S. 1961 § 213 , Subd. dos. Affirmed.

¶step 1 New Heirs, Executors, Administrators, an such like., out-of Roentgen.D. Payne, Lifeless, Ennid Ferguson and you will Lee Payne (defendants throughout the demo legal) notice off a view made in support of Alexander Linder Seay, Executor of one’s Home of Lena Payne, Inactive (plaintiff below) whereby the fresh identity so you’re able to a large region out of land is actually quieted from inside the plaintiff and you may against the defendants. New functions would be described of the the trial judge designation otherwise by name.

¶dos The principal matter presented contained in this focus is whether the brand new places had been received of the combined globe out-of Lena Payne and the woman next husband Roentgen.D. Payne, because provided from the Next Subdivision out-of 84 O.S. 1961 § 213 .

¶3 Lena Payne, earlier Seay, and Alexander Linder Seay, have been to start with the latest widow and boy respectively out-of Oscar Seay, out-of who they obtained, by genetics or create, a ranch comprising many miles regarding house. In the January, 1945, Lena married R.D. Payne. During the time of the wedding truly the only assets belonging to R.D. Payne was his car and many private outcomes.

¶4 On Oct 29, 1946, Lena indicated so you’re able to Roentgen.D. Payne, to have « One-dollar, at your fingertips paid off, * * * or other an excellent and beneficial factors, » a-one-50 % of interest in 900 acres regarding home. With the January twenty-eight, 1948, Lena indicated so you’re able to Roentgen.D. Payne, to have a prefer attention, the remaining name to that particular property. D. Payne shown to help you R.D. Payne, to own an appreciate planning, a single-half of interest in approximately 2000 acres off land. Zero documentary cash stamps arrive abreast of all over deeds. Inside the each of the over ages Lena generated United states Gift Taxation statements to your significantly more than conveyances. She paid off no income tax to your returns to have 1946 and you may 1948, and you can paid back $ toward 1950 return.

¶5 The causes occupied and possessed otherwise kept when you look at the faith having Alexander Seay adjoined those individuals belonging to Lena and you can/or Roentgen.D. Payne, nevertheless border among them try damaged or uneven. To try to « rectangular upwards » its particular characteristics there can be a move from deeds, where towards the October twenty two, 1952, insofar as it is relevant to that particular notice, (1) Lena because the Trustee underneath the usually out-of Oscar Seay towards benefit of Alexander Seay, shown the surface of 390 tattoo dating sites acres so you can by herself and you can Roentgen.D. Payne, (2) Lena, since said Trustee, indicated the surface off 410 acres so you’re able to Roentgen.D. Payne, and you may (3) Alexander Seay, joined because of the their wife, expressed the outside out-of 490 acres to help you Roentgen.D. Payne. In exchange Alexander Seay gotten conveyances for about an equivalent acreage.

Lena Payne passed away testate September 2, 1965, making a can dated January seven, 1964, in which, just after bringing to own fee of costs out-of ailment, burial and you can taxes, there’s next provision:

¶six Roentgen.D. Payne died intestate into December twenty-seven, 1963. Zero college students was basically born off his relationships in order to Lena. He leftover thriving, their widow Lena, their sibling Ennid Ferguson (defendant) with his brother Lee Payne (defendant).

« Every people, deposit and you may remainder of my personal assets out-of after all kind and you can exactly where discovered, end up being same actual, private and you will/otherwise combined, and and every assets and you may House that i could possibly get has actually passed on or perhaps be permitted out-of my dry spouse, Roentgen.D. Payne, I pass on, provide, and you can develop unto my boy, Alexander Linder Seay, seriously and rather than limit or limit of any sort or character. »