¶8 Plaintiff grabbed the position the conveyances off Lena so you can Roentgen.D. Payne to keep on on farm and you can performs and you may perform a comparable.
¶nine At the beginning of the fresh new trial the newest demonstration the parties specified you to definitely in the lives of your marriage Roentgen.D. Payne handled and you may manage the newest farm characteristics owned by Lena and you will/or themselves and such as properties gotten no regular compensation as a salaried employee away from Lena.
D. Payne generated it declaration
¶10 Defendants basic put their testimony meant for its assertion that conveyances regarding Lena to Roentgen.D. Payne have been throughout the nature regarding presents so you can Payne. Ennid Ferguson and her several daughters along affirmed that on during the the very least one or two instances, into the 1951 or 1952 as well as in 1953, R.D. Payne manufactured in the presence of Lena one “Lena got provided him 1 / 2 of the girl residential property;” one “Lena gave me 50 % of the farm.” They mentioned and additionally you to Lena “didn’t make any feedback” whenever Roentgen. Brand new offender Lee Payne testified you to in 1953, as he is actually dealing with this new ranch, R.D. Payne produced in the clear presence of Lena one to “Lena had promote your half of the latest ranch, deeded him half the fresh property,” one Lena told you “she thought she got work with it long enough, she’d assist him have that in which he could take care and attention of it hisself.” Lee Payne next affirmed that regarding 1950s Lena “was a student in bad wellness,” that the procedure of your own ranch is quite large which have good countless obligation to have a female herself, and this “Most of the I understand is that she just deeded your 50 % of the new farm, half the latest property.”
Brand new witness affirmed you to both Lena and R
¶eleven The brand new testimony during the part away from plaintiff consisted of you to given by the plaintiff themselves, brand new testimony out of James H. Ivy (one of the lawyer having plaintiff), and you may a good elizabeth out of Henderson.
¶12 The brand new attorney Ivy affirmed he waiting this new deed out-of January 20, 1950, in which Lena, inserted from the Roentgen.D. Payne, conveyed so you’re able to R.D. Payne a one-1 / 2 of need for whenever 2000 miles out-of house. D. Payne have been present on discussion before this new planning and you may finalizing of your own action; that they chatted about “what belongings would definitely be engaged;” one Roentgen.D. Payne “is actually adamant abreast of the process” and that R.D. Payne told you “he was not planning stand around or take care of one farm for good Cadillac vehicles and you can a little expenses currency,” and have “I’m not attending stand right here, I will get off easily cannot receive any way more out of it than just that.”
¶thirteen Plaintiff affirmed you to on presence regarding Roentgen.D. Payne his mom (Lena) reported that R.D. Payne “informed her he wasn’t planning remain around and you will performs and you will create this lady business, manage the woman ranch and view that the girl cattle was in fact taken care of without the shell out except that a living; which he would have to possess some house given that compensation to have his really works, fee to own their performs,” hence R.D. Payne said “that is proper.” Plaintiff testified one Lena are seven years older than Roentgen.D. Payne and therefore “she was a student in crappy health all those age.”
¶fourteen The Hendersons testified that inside August, 1964 (immediately after loss of Roentgen.D. Payne) Lena informed him or her she had deeded specific property to R.D. Payne just like the the guy believed he had been not receiving something to possess his functions, was not bringing reasonable procedures, and that she deeded the latest land so you can Roentgen.D. Payne to own their attributes because the ranch movie director.
¶16 The trial judge receive and you will ended, among other things, your conveyances of Lena so you’re able to Roentgen.D. Payne all recited a very important idea and, in fact, were made down seriously to a contract anywhere between Lena and you may Payne you to definitely Payne manage do or take proper care of the ranch for Lena, and therefore over 50 dating review Payne performed assume and do the ranch properties until the time of their demise.
