¶43 New demo judge figured the property, being indicated from the Lena to her spouse during their elizabeth the latest separate property from Roentgen. 2, off 84 O.S. 1961 § 213 , supra.
¶49 When you look at the Smith 
v. Ridpath, 207 Okl. 638, 251 P.2d 1036, the spouse possessed assets prior to their wedding and soon after expressed the property so you can his spouse. That they had no people. She died intestate. In a dispute on wife’s sibling and sisters the new demonstration courtroom kept the assets try gotten because of the shared services away from the brand new wife and husband, and vested a comparable regarding the husband, from the whose passing, if any remained, an identical were to arrive one-50 % of to your heirs of spouse and another-1 / 2 of towards heirs of your own spouse. We affirmed that it view mentioning When you look at the lso are Griffin’s Estate, 199 Okl. 676, 189 P.2d 933.
¶forty-five For the Griffin’s Estate the husband shown home toward girlfriend and she died intestate. The spouse following passed away intestate. That they had zero youngsters. The caretaker (just heir of your own wife) registered good pleading in the property proceeding, alleging that places was in fact gotten during the coverture from the joint industry of couple, your lands descended with the partner, and you may upon his passing the grounds descended you to-half of towards the wife’s heirs plus one-1 / 2 of on the husband’s heirs. The fresh new State Courtroom, therefore the Section Legal into attract, sustained so it offer and you will distributed the causes correctly. The latest partner’s heirs appealed compared to that judge alleging numerous good reasons for reverse of your own judgment. Within our viewpoint we stated that appellants performed participate that evidence is actually decreased to experience the new finding that the home try received by the shared community through the coverture. From the romantic of view i did state that i had examined the data influence for the case of if the lands were received from the mutual business and you can “imagine the newest wanting of the judge which they were thus received isn’t obviously up against the lbs of the facts.”
Independent home is discussed therein because one received from the gift, develop otherwise ancestry, or by the change of your wife or husband’s individual property
¶46 The internet aftereffect of the aforementioned cases would be the fact i has accepted one to property conveyed in one companion to another falls in category of as you received property.
¶47 Plaintiff and cites to get this conclusion In lso are Keith’s Estate, Okl., 298 P.2d 423. In that case i held that the law, 84 O.S. 1961 § 213 , Subd. dos, taking that the entire house for the assets gotten from the joint world should visit the survivor, pertains to a property in the character regarding society assets and you can consequently every property, maybe not dropping inside the concept of independent assets, acquired shortly after wedding from the labor of sometimes mate, try nevertheless considered to be acquired by the work out of each other spouses.
There is certainly some signal, from Ivy’s report, that he try truly the only other individual present when Lena and you will R
¶44 It’s the achievement the judgment of your own demo legal, the places herein was indeed gotten of the mutual industry regarding Lena and R.D. Payne, isn’t clearly from the weight of one’s research.
¶fifty Of the virtue of your own terms off 84 O.S. 1961 § 213 , Sandwich. 2, the entire home on the countries went along to Lena just like the enduring partner, so long as in the event the Lena got passed away in the place of getting rid of a comparable of the tend to if not, for example assets might have descended you to-1 / 2 of into the heirs of each lover. In lso are Griffin’s Estate, supra.
¶51 Lena did create a may, supra, where she effectively created in order to the girl man, Alexander Linder Seay, each of the girl need for the niche possessions. She encountered the right and capacity to do this. Within the proviso of Subsection 2, away from 84 O.S. 1961 § 213 , a thriving spouse get, by tend to, dispose of all of the possessions going to including survivor, obtained by the mutual industry of the husband and wife through the coverture, where there is absolutely no question born of v. Horn, 123 Okl. 193, 252 P. 847, and you will Absolutely nothing v. Cunningham, Okl., 381 P.2d 144.
¶seven Plaintiff Executor of one’s Estate of Lena Payne next filed this step in order to quiet identity during the him with the countries acquired because of the R.D. Payne by the advantage of your own above deeds. The defendants answered that countries were not received because of the mutual world out of Lena and Roentgen.D. Payne, the conveyances would be to impact something special of your own places in order to R.D. Payne, and this instantaneously up on the newest death of Roentgen.D. Payne the interest off R.D. Payne vested one to-half inside Lena Payne, and another-last for every during the Ennid Ferguson and you will Lee Payne.
¶17 The new demonstration court further determined that the home are acquired because of the shared industry regarding Lena and you will R.D. Payne throughout the coverture into the meaning of you to portion of the Next Subdivision away from 84 O.S. 1961 § 213 , that offers below:
¶twenty eight When this objection was made within trial the latest court try of the view that Canon didn’t surely prohibit this new attorney away from testifying. D. Payne concerned him to get the deed prepared. The reason for the brand new Cannon should be to stop legal counsel out-of acting on the twin potential from the advice and you will experience about exact same case.
¶42 It is the conclusion that there surely is competent research to hold the demonstration court’s looking and you will view your deeds was in fact maybe not provide transmits of the house. Which removes people need determine defendant’s offer one to current property isn’t considered as obtained from the shared industry during coverture.