¶8 Plaintiff took the career that conveyances out-of Lena so you can Roentgen.D. Payne to keep to your from the farm and you can work and you may perform the same.
¶9 Early in brand new demonstration the brand new trial the newest activities stipulated one inside existence of the marriage Roentgen.D. Payne handled and you may work the new ranch attributes owned by Lena and you can/otherwise himself and also for for example properties received no typical payment just like the a salaried employee out-of Lena.
¶ten Defendants basic put their testimony in support of the contention that the conveyances from Lena in order to R.D. Payne have been on character out of gift suggestions to help you Payne. Ennid Ferguson and her two daughters collectively affirmed you to definitely on on the very least several circumstances, in the 1951 or 1952 and also in 1953, R.D.
Payne stated in the existence of Lena that “Lena had offered him 1 / 2 of the lady house;” one “Lena provided me with half of the latest farm.” It mentioned and additionally one Lena “failed to make comment” whenever R. The latest defendant Lee Payne testified one inside 1953, while he was working on the newest farm, R.D. Payne made in the existence of Lena one “Lena got render him half the fresh farm, deeded your 50 % of the new home,” you to definitely Lena said “she think she got work at it long enough, she would help him get that and then he might take worry from it hisself.” Lee Payne next affirmed one to throughout the 1950s Lena “was in crappy wellness,” your operation of your ranch is fairly huge having a significant obligation having a woman by herself, and therefore “All the I’m sure would be the fact she only deeded him 1 / 2 of the brand new farm, half of new residential property.”¶11 The testimony within the part out-of plaintiff consisted of one provided by the plaintiff themselves, the fresh testimony out of James H. Ivy (among the many attorney having plaintiff), and you will good age out of Henderson.
¶twelve Brand new attorneys Ivy affirmed he prepared this new deed of January 20, 1950, where Lena, registered from the R.D. Payne, shown in order to Roentgen.D. Payne a-one-50 % of demand for whenever 2000 miles out of land. D. Payne was basically present in the talk before the planning and you can signing of one’s action; which they chatted about “just what belongings would be concerned;” you to definitely R.D. Payne “is actually adamant on the procedure” which R.D. Payne told you “the guy was not browsing stay available to you and take care of you to definitely ranch just for an excellent Cadillac vehicles and you may a little paying currency,” and possess “I am not going to remain here, I will leave if i are unable to get any even more aside of it than just that.”
¶thirteen Plaintiff affirmed that in the visibility away from R.D. Payne his mother (Lena) stated that Roentgen.D. Payne “shared with her which he wasn’t planning remain nowadays and works and you can do their providers, manage the lady ranch and watch one the girl cows was basically dealt out-of with no spend besides a full time income; that he would have to involve some property just like the settlement having their really works, payment having their really works,” and therefore Roentgen.D. Payne told you “thats best.” Plaintiff affirmed that Lena is actually seven age more than R.D. Payne hence “she was a student in crappy health all of these decades.”
¶fourteen The latest Hendersons testified one to for the August, 1964 (immediately after death of R.D. Payne) Lena informed him or her she had deeded certain house so you’re able to R.D. Payne since he noticed he was not receiving one thing getting std singles dating sites his work, was not getting fair procedures, hence she deeded the fresh house to help you R.D. Payne for his features given that ranch director.
¶16 The new demonstration court discovered and you will ended, among other things, that conveyances away from Lena to help you R.D. Payne the recited an important attention and you can, in reality, have been made down seriously to an agreement anywhere between Lena and you can Payne you to definitely Payne perform do and take proper care of the ranch getting Lena, and that Payne performed imagine and you will perform the farm qualities until the full time regarding their dying.
