¶8 Plaintiff grabbed the positioning that conveyances of Lena to help you R.D. Payne to stay on the at the farm and you will functions and you may would an identical.

¶9 At the beginning of the demo the new demonstration the people specified that in existence of one’s relationships Roentgen.D. Payne managed and you can run the newest ranch attributes owned by Lena and you can/otherwise himself and for eg features obtained no typical settlement while the a salaried personnel of Lena.

D. Payne made which declaration

¶10 Defendants first introduced the testimony to get the assertion that conveyances away from Lena in order to Roentgen.D. Payne was regarding the nature of merchandise in order to Payne. Ennid Ferguson along with her a couple girl along testified one for the from the the very least a couple of instances, from inside the 1951 or 1952 plus in 1953, Roentgen.D. Payne manufactured in the clear presence of Lena you to definitely “Lena had provided your half this lady house;” one to “Lena provided me with half this new ranch.” It mentioned including one Lena “don’t make feedback” whenever Roentgen. The latest accused Lee Payne testified one to in 1953, as he try doing brand new farm, Roentgen.D. Payne produced in the current presence of Lena you to “Lena had offer your half of the newest ranch, deeded him 1 / 2 of the newest house,” you to definitely Lena said “she thought she got work at it long enough, she would assist your have that and he could take worry from it hisself.” Lee Payne then affirmed dating local singles one on 1950s Lena “was at crappy fitness,” that process of your own ranch is quite huge with a great countless responsibility to own a woman herself, which “Every I am aware is that she simply deeded your 50 % of the ranch, half of the newest home.”

The fresh new experience testified one each other Lena and you will R

¶eleven The testimony inside the behalf out-of plaintiff consisted of you to provided by plaintiff themselves, the new testimony out of James H. Ivy (one of many attorney to own plaintiff), and you will a good e out of Henderson.

¶12 The latest attorney Ivy affirmed he wishing the new action away from January 20, 1950, which Lena, joined from the Roentgen.D. Payne, conveyed to Roentgen.D. Payne a one-half of need for approximately 2000 acres of property. D. Payne had been introduce in the conversation preceding the new thinking and you will signing of the action; which they talked about “what property would definitely be engaged;” that Roentgen.D. Payne “was determined abreast of the process” which R.D. Payne told you “he wasn’t gonna stand around and take proper care of one to ranch for only a great Cadillac vehicle and you will a small paying currency,” and have “I’m not browsing remain here, I will exit if i cannot get any alot more out from it than simply one.”

¶thirteen Plaintiff affirmed one to regarding exposure from R.D. Payne his mom (Lena) reported that R.D. Payne “shared with her that he was not planning remain online and you will really works and you will create the woman team, would the lady farm and see one this lady cattle were dealt of without any pay except that an income; that he would need to have some residential property just like the payment to possess their performs, commission to own their works,” hence R.D. Payne said “thats correct.” Plaintiff testified you to Lena try eight age older than R.D. Payne which “she was in crappy wellness each one of these years.”

¶14 Brand new Hendersons affirmed one into the August, 1964 (shortly after death of Roentgen.D. Payne) Lena told him or her she had deeded certain land to help you R.D. Payne given that he felt he was not getting anything to have their functions, wasn’t providing fair medication, and this she deeded the brand new home to R.D. Payne getting his attributes while the ranch manager.

¶sixteen The trial legal discovered and you will concluded, on top of other things, that conveyances from Lena to help you R.D. Payne all the recited a very important idea and you will, actually, have been made right down to an agreement ranging from Lena and you may Payne that Payne would do or take proper care of the farm to possess Lena, and this Payne performed imagine and you may do the fresh new farm features up until the time regarding their demise.