¶8 Plaintiff got the position that the conveyances away from Lena so you’re able to R.D. Payne to keep toward from the ranch and you may works and you can manage an identical.

¶nine Early in the latest trial the fresh new demo new activities stipulated one inside lifetime of the relationship Roentgen.D. Payne addressed and you will manage the latest ranch features owned by Lena and you will/or themselves and like characteristics gotten no regular settlement since a good salaried personnel out of Lena.

D. Payne produced so it declaration

¶ten Defendants earliest produced the testimony to get their contention the conveyances out of Lena in order to Roentgen.D. Payne were from the character from gifts so you’re able to Payne. Ennid Ferguson along with her a couple girl together affirmed you to definitely towards at least a few period mexican dating, inside 1951 or 1952 and also in 1953, Roentgen.D. Payne made in the existence of Lena you to definitely “Lena got offered your 50 % of the lady land;” you to “Lena gave me 1 / 2 of new ranch.” It said along with that Lena “don’t make any opinion” whenever R. This new defendant Lee Payne testified you to into the 1953, as he try dealing with brand new farm, Roentgen.D. Payne manufactured in the current presence of Lena you to definitely “Lena had provide him half the brand new ranch, deeded your half of the fresh new homes,” one to Lena said “she believe she had focus on it for enough time, she would help your have that and then he might take proper care from it hisself.” Lee Payne further testified you to definitely regarding the 1950s Lena “was at crappy fitness,” the process of ranch are rather large which have good large amount of obligations to possess a lady herself, hence “Every I understand would be the fact she merely deeded him half brand new farm, 1 / 2 of brand new house.”

This new witness affirmed one to both Lena and you may Roentgen

¶11 The brand new testimony inside the account out of plaintiff contains that considering by plaintiff himself, the fresh testimony off James H. Ivy (among the attorneys to own plaintiff), and you can an excellent age regarding Henderson.

¶twelve The lawyer Ivy affirmed he waiting the fresh deed out of January 20, 1950, where Lena, joined by the Roentgen.D. Payne, indicated in order to R.D. Payne a one-50 % of interest in around 2000 acres away from belongings. D. Payne have been establish in the discussion preceding this new thinking and you will finalizing of your own deed; that they talked about “what homes would definitely be engaged;” one R.D. Payne “was insistent abreast of the process” and therefore R.D. Payne told you “the guy was not attending sit around and take care of one ranch for only a good Cadillac automobile and you may a little spending money,” and have now “I am not saying planning to stay here, I’ll hop out easily can not get any way more out of it than just you to definitely.”

¶thirteen Plaintiff testified you to definitely throughout the presence out-of Roentgen.D. Payne his mother (Lena) stated that R.D. Payne “told her he was not planning stand out there and really works and you may would her providers, create the lady ranch and determine you to the lady cows was in fact taken care out-of without the spend aside from a full time income; he will have to have some residential property while the compensation having his really works, payment to have his functions,” and this Roentgen.D. Payne told you “that is correct.” Plaintiff testified you to Lena was eight years over the age of Roentgen.D. Payne which “she was a student in bad fitness these years.”

¶14 The new Hendersons affirmed you to definitely within the August, 1964 (immediately following loss of Roentgen.D. Payne) Lena advised him or her she had deeded certain home to help you Roentgen.D. Payne since the he experienced he had been not getting something to have their functions, was not delivering reasonable therapy, hence she deeded the residential property to Roentgen.D. Payne having his features once the ranch manager.

¶sixteen Brand new trial judge found and you may finished, on top of other things, your conveyances out-of Lena so you’re able to Roentgen.D. Payne all recited an important believe and, in reality, were made down to an agreement between Lena and you can Payne you to definitely Payne carry out do or take care of the latest farm to possess Lena, hence Payne did guess and you may perform the fresh ranch attributes up to the full time out of their passing.