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D. Payne weren’t gift suggestions, the attention towards the deeds try the latest guarantee out of R

D. Payne weren’t gift suggestions, the attention towards the deeds try the latest guarantee out of R

¶8 Plaintiff got the position the conveyances from Lena so you can Roentgen.D. Payne to keep to your in the ranch and works and do a comparable.

¶nine Early in new trial the newest demonstration the fresh parties stipulated you to during the lifestyle of wedding Roentgen.D. Payne handled and you will manage brand new ranch characteristics belonging to Lena and you can/or himself and such as for instance characteristics acquired zero typical compensation because the a good salaried staff of Lena.

D. Payne generated this report

¶10 Defendants first brought its testimony in support of the assertion that the conveyances regarding Lena in order to Roentgen.D. Payne have been regarding the characteristics regarding gifts to Payne. Ennid Ferguson along with her a few girl with each other affirmed that into during the least a few era, into the 1951 or 1952 and in 1953, Roentgen.D. Payne stated in the current presence of Lena you to definitely “Lena had provided him half of the woman belongings;” one to “Lena gave me 1 / 2 of this new ranch.” It said along with that Lena “didn’t make remark” when R. Brand new accused Lee Payne testified that when you look at the 1953, as he is focusing on the latest farm, R.D. Payne made in the clear presence of Lena one to “Lena got bring him 1 / 2 of the ranch, deeded him 50 % of the brand new property,” you to definitely Lena said “she believe she had manage they for enough time, she would assist your get that in which he could take worry of it hisself.” Lee Payne subsequent testified you to definitely regarding the 1950s Lena “was in crappy wellness,” your procedure of the ranch is rather huge with a good large amount of responsibility to possess a female herself, and that “Most of the I understand is that she just deeded him half brand new ranch, 1 / 2 of new residential property.”

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