¶8 Plaintiff took the position the conveyances of Lena to help you R.D. Payne to keep into at the farm and you will works and create the same.
¶9 Early in the newest trial the newest demonstration brand new activities stipulated you to inside lifestyle of the marriage R.D. Payne addressed and you can manage the brand new ranch characteristics belonging to Lena and you can/otherwise themselves and also for for example characteristics gotten no normal compensation due to the fact a good salaried personnel off Lena.
D. Payne generated so it declaration
¶10 Defendants very first introduced the testimony meant for its assertion that the conveyances off Lena in order to R.D. Payne were from the character from gifts so you’re able to Payne. Ennid Ferguson and her a few girl collectively testified one to into the on the very least two times, during the 1951 or 1952 and also in 1953, Roentgen.D. Payne manufactured in the presence of Lena you to definitely “Lena got given him 50 % of this lady house;” one “Lena provided me with 1 / 2 of the newest ranch.” It stated in addition to you to Lena “failed to make any opinion” whenever R. The fresh new offender Lee Payne affirmed you to for the 1953, while he try concentrating on the fresh farm, R.D. Payne made in the presence of Lena you to definitely “Lena had bring your 50 % of this new ranch, deeded your 1 / 2 of the latest belongings,” that Lena said “she envision she got focus on they for enough time, she would let him have that and he could take worry of it hisself.” Lee Payne after that testified you to in the 1950s Lena “was at bad wellness,” your operation of your ranch is quite larger which have good countless duty having a woman by herself, which “Most of the I know is that she simply deeded him 1 / 2 of the brand new ranch, half the fresh new property.”
The fresh experience testified one to one another Lena and you may R
¶eleven Brand new testimony for the account from plaintiff contains one to provided from the plaintiff himself, the newest testimony regarding James H. Ivy (one of many attorney to possess plaintiff), and you may a great age off Henderson.
¶12 The latest lawyer Ivy affirmed which he wishing the deed of January 20, 1950, which Lena, entered by the R.D. Payne, conveyed to Roentgen.D. Payne a-one-50 % of demand for as much as 2000 acres out of land. D. Payne have been expose in the dialogue preceding the planning and you will signing of your own action; which they talked about “what belongings would definitely https://besthookupwebsites.org/sugar-daddy-sites/ be involved;” you to definitely R.D. Payne “was determined on the process” and that R.D. Payne told you “the guy was not planning stand online or take care of one farm for only good Cadillac car and you can a tiny paying money,” and just have “I am not saying gonna stand here, I will log off if i can’t get any alot more away of it than just one to.”
¶13 Plaintiff testified one to in the presence off Roentgen.D. Payne their mother (Lena) reported that R.D. Payne “told her that he wasn’t probably stay available and you will performs and you may manage the lady company, would the lady farm and watch you to her cattle was indeed taken care regarding with no spend apart from a full time income; that he will have to involve some property as payment getting his functions, fee getting his functions,” and therefore Roentgen.D. Payne said “that is best.” Plaintiff testified you to definitely Lena are 7 ages avove the age of Roentgen.D. Payne hence “she was at crappy fitness each one of these ages.”
¶fourteen The fresh new Hendersons affirmed you to during the August, 1964 (shortly after death of Roentgen.D. Payne) Lena informed him or her she had deeded particular house so you’re able to R.D. Payne due to the fact he experienced he had been not getting one thing to possess his really works, was not getting fair therapy, hence she deeded new house to help you R.D. Payne having his attributes as farm director.
¶sixteen The new trial legal found and you can finished, among other things, that the conveyances regarding Lena to Roentgen.D. Payne all the recited an invaluable idea and you can, actually, have been made down seriously to an agreement anywhere between Lena and you may Payne you to definitely Payne do manage and take proper care of the fresh farm to own Lena, which Payne performed assume and carry out the brand new farm attributes up until committed regarding his death.