¶8 Plaintiff got the positioning the conveyances out of Lena so you’re able to R.D. Payne to stay to your on ranch and really works and you can manage an equivalent.
¶nine At the beginning of the fresh demonstration the new trial the latest people specified that during the lifestyle of one’s marriage R.D. Payne addressed and you may operated the latest farm services belonging to Lena and you may/or themselves and like characteristics acquired no normal settlement given that a good salaried employee out of Lena.
D. Payne made it statement
¶10 Defendants first brought their testimony in support of their assertion your conveyances from Lena to help you Roentgen.D. Payne were on the character regarding merchandise to help you Payne. Ennid Ferguson and her one or two girl with each other testified you to into at the very least a couple of hours, within the 1951 otherwise 1952 plus 1953, R.D. Payne manufactured in the current presence of Lena one “Lena got provided your half her belongings;” one to “Lena gave me half of brand new ranch.” It stated also one to Lena “failed to make opinion” whenever R. The latest accused Lee Payne testified you to during the 1953, while he are doing the brand new ranch, R.D. Payne made in the existence of Lena one “Lena had render him 50 % of new ranch, deeded him half of brand new homes,” one to Lena said “she think she got run it for enough time, she would let him get that and then he might take worry of it hisself.” Lee Payne subsequent testified that on the 1950s Lena “was in bad health,” your process of ranch try fairly huge that have an excellent large amount of responsibility having a female by herself, and therefore “Most of the I know would be the fact she simply deeded him half of brand new farm, half the fresh house.”
This new experience testified you to definitely each other Lena and Roentgen
¶eleven New testimony inside behalf of plaintiff contained you to provided by plaintiff themselves, new testimony off James H. Ivy (among the attorneys for plaintiff), and you will good age away from Henderson.
¶12 The latest attorney Ivy affirmed that he wishing the action regarding January 20, 1950, in which Lena, entered by the R.D. Payne, expressed in order to R.D. Payne a one-half need for just as much as 2000 miles away from land. D. Payne was expose within talk preceding this new preparation and you can signing of the action; that they discussed “just what land was going to be engaged;” one Roentgen.D. Payne “try adamant through to the method” which R.D. Payne said “he wasn’t probably sit available to choose from or take care of one farm for only an excellent Cadillac automobile and a little investing money,” and then have “I am not saying browsing remain here, I will exit basically can’t get any so much more aside from it than you to.”
¶thirteen Plaintiff testified one to in the presence from R.D. Payne his mom (Lena) reported that Roentgen.D. Payne “shared with her which he was not planning remain around and you can work and create the woman providers, perform the lady farm and determine one the girl cattle were taken care from without having any shell out besides a full time income; that https://besthookupwebsites.org/hookup/ he will have to involve some belongings since the payment for their performs, fee to own his works,” which Roentgen.D. Payne told you “that is proper.” Plaintiff affirmed one to Lena is seven ages more than Roentgen.D. Payne and therefore “she was at crappy fitness every one of these age.”
¶14 The latest Hendersons testified you to definitely inside the August, 1964 (just after loss of R.D. Payne) Lena told them she got deeded certain belongings so you can R.D. Payne since the he thought he had been not getting some thing getting their work, was not getting fair medication, and this she deeded this new property so you’re able to R.D. Payne to own their properties just like the ranch manager.
¶sixteen The brand new demonstration judge discovered and you may ended, among other things, that conveyances of Lena to help you Roentgen.D. Payne most of the recited a valuable idea and you may, in fact, were made down seriously to an agreement anywhere between Lena and you will Payne you to Payne manage manage and take proper care of the new farm to possess Lena, which Payne did suppose and you can carry out the newest farm functions up until committed regarding their demise.
